Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

How IDF lawyers okayed hitting Gaza homes

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Topic Forums » Israel/Palestine Donate to DU
 
DogPoundPup Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-21-09 06:59 PM
Original message
How IDF lawyers okayed hitting Gaza homes
The idea to bombard the closing ceremony of the Gaza police course was internally criticized in the Israel Defense Forces months before the attack. A military source involved in the planning of the attack, in which dozens of Hamas policemen were killed, says that while military intelligence officers were sure the operation should be carried out and pressed for its approval, the IDF's international law division and the military advocate general were undecided.

After months of the operational elements pushing for the attack's approval, the international law division, headed by Col. Pnina Sharvit-Baruch, gave the go-ahead. In spite of doubts, and also under pressure, Sharvit-Baruch and her officers also legitimized the attack on Hamas government buildings and the relaxing of the rules of engagement, resulting in numerous Palestinian casualties. In the division it is also believed that the killing of civilians in a house whose residents the IDF has warned might be considered legally justified, although the IDF does not actually target civilians in this way.

Many legal experts, including former international law division head Daniel Reisner, do not accept this position. "I don't think a person on a rooftop can be incriminated just because he is standing there," he said.

Sources involved in the work of the Southern Command said that its GOC, Maj. Gen. Yoav Gallant, is quite suspicious of legal experts and has a reputation of not attaching much importance to their advice. The Southern Command's legal adviser was not invited to consultations before the attack, and was compartmentalized when it came to smaller forums. It was actually during the action in Gaza that consideration for his opinions grew.

The legal addendum to Operation Cast Lead's order shows the way the IDF's legal experts legitimized the army's actions: "As much as possible and under the circumstances of the matter, the civilian population in a target area is to be warned," it states, adding "unless so doing endangers the operation or the forces."

The addendum orders commanders to be extremely cautious in the use of "incendiary weapons" (for example, phosphorus bombs), but does not prohibit their use: "Before using these weapons, the the military advocate general or international law division must be consulted on the specific case."

A source who served in the division in the past says it is "more liberal than the attorney general and the High Court petitions department." "The army knows what it wants, and pressure was certainly brought to bear when legal advisers thought that something was unacceptable or problematic," an operational military source said.

According to a senior official in the international law division, "Our goal is not to tie down the army, but to give it the tools to win in a way that is legal."

http://www.haaretz.com/hasen/spages/1057648.html
Printer Friendly | Permalink |  | Top
wellst0nev0ter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-21-09 07:14 PM
Response to Original message
1. Doesn't The IDF Have Some Sort Of Math
That it's ok to kill X number of innocent civilians if they can get one bad guy?
Printer Friendly | Permalink |  | Top
 
FiveGoodMen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-21-09 07:28 PM
Response to Reply #1
2. They don't seem to have any specific figure in mind for X.
Printer Friendly | Permalink |  | Top
 
Jefferson23 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-21-09 09:14 PM
Response to Original message
3. The legal team in Israel sounds like they apply the same legal bullshit that Yoo and Addington did
in our country.
Printer Friendly | Permalink |  | Top
 
Idealism Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-22-09 12:30 AM
Response to Original message
4. Does Dershowitz head the IDF legal team, too?
"relaxing of the rules of engagement"

Nice euphemism for "Shoot first, ask questions later."
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sun Nov 23rd 2014, 09:48 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Topic Forums » Israel/Palestine Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC