The topic of war crimes is now firmly fixed on the national and military agenda, and cannot beremoved anymore..
This week there was a public outcry about the death of Nidal Abu-Muhsein in Tubas village on theWest Bank. The 19 years old youngster was taken from his home by the soldiers who had come to thevillage in order to arrest (or kill) his neighbor, the Hamas activist Nasser Jerar. Nidal wascompelled to approach Nasser’s door and call on him to come out. Nasser, who must have beenwaiting for the soldiers, opened fire and killed him. Then a bulldozer was called in and todestroy the house, burying Nasser alive under its ruins.
The use of a local resident as a “human shield” is a war crime. That was confirmed, on livetelevision, by a senior reserve officer, the former president of the highest military court.The Fourth Geneva Convention expressly forbids the use of “protected persons” (as theconvention calls inhabitants of an occupied territory) for such purpose. This practice,like the practice of compelling Palestinian neighbors to tour buildings suspected of beingbooby-trapped, is similar to the killing of hostages in retaliation for resistance actions.
In the past, such a case would have aroused no reaction whatsoever. It belongs to the dailyroutine of the occupation. But in the wake of the new awareness concerning war crimes,(following the action of Gush Shalom, which, with no small risk to itself, broke the taboo thathas hovered over this subject), a public debate started. It was disclosed that this is awidely-used method, which has even been given a regular military appellation: “neighborpractice”. Not long ago. the army promised the Supreme Court to give up the practice had nointention at all of fulfilling the promise.
On the same live TV program, a reserve brigadier-general who has served in the past as a deputydivision commander in the occupied territories, said that this method has been used”thousands of times”. The scull-cap wearing general asserted that this was “moral”, since itsaves the lives of soldiers. The assumption is that the Palestinian fighter would not openfire on an Arab neighbor, so that it would be possible to capture (or kill) him without takingrisks.
(I mention the fact that he wore a scull-cap in order to stress a sad fact: when somebody appearsin public to justify war crimes, it is invariably a religious person. This throws light – ordarkness – on the mutation of the Jewish religion that has taken place in Israel.)
The army spokesmen masquerading as journalists announced proudly that Marwan Barghouti,the Fatah leader, was also captured with the help of the “neighbor practice”. (Thus makingpossible a show trial for him and turning him into a Palestinian Nelson Mandela.)
In order to justify his actions, the religious general argued that the “neighbor practice” ismore humane than the alternative method: dropping a one-ton bomb on the house of the Hamasactivist Salah Shehadeh, in a crowded residential neighborhood in Gaza, killing 17neighbors, including nine children.
The dropping of that bomb was a war crime, too. One of these days it may lead the whole chain ofcommand to The Hague – the Prime Minister, the Defense Minister, the Chief-of-Staff, theCommander of the Air Force and the anonymous pilot. According to a newspaper-report, thispossibility has caused quite a stir in the Air Force, especially after some anonymous personssmeared the words “war criminal” on the cars of several officers.
These pilots and their comrades are angry. They are uttering all the trite slogans current inthe streets: they only fulfill orders. They act according to the instructions of the electedpolitical leadership. They defend the home. Also: they are excellent technicians. And, moreimportantly, they are loyal to their comrades.
One can envy them. According to the report, they entertain no moral qualms whatsoever. Theyhave not listened to their colleague, Reserve Colonel Yig’al Shohat, the war hero shot downover Egypt, who has called upon the pilots to refuse precisely such orders. Obviously, theyhave not heard about the American pilot who had dropped the atom bomb on Hiroshima, who latersunk into a deep depression, became an alcoholic and died.
I am sure that the report does not give the whole picture. There are – there must be – pilots, whohave become profoundly aware of the war crimes dilemma. I am sure that in all parts of the IDFthere are officers and soldiers who are bothered by it. I hope that more and more of them willcome to the conclusion that there is only one “neighbor practice” that will provide securityfor Israel and its citizens: a peace practice that will turn the Palestinian people into a goodneighbor.