Grex Agora47 Conference

Item 227: Elite Israeli soldiers refuse oppression orders

Entered by sj2 on Mon Dec 22 13:25:40 2003:

http://news.bbc.co.uk/2/hi/middle_east/3339785.stm

Thirteen reservists from the elite Sayeret Matkal unit wrote to Prime 
Minister Ariel Sharon saying they would not be part of a 'rule of 
oppression'.

Three months ago, 25 pilots refused to take part in Israeli bombing 
raids. 

In their letter, the soldiers said they would no longer participate in 
the defence of Jewish settlements in the West Bank and Gaza Strip. 

'We will no longer corrupt the stamp of humanity in us through carrying 
out the missions of an occupation army ... In the past, we fought for a 
justified cause [but today] we have reached the boundary of oppressing 
another people,' the letter said. 



70 responses total.

#1 of 70 by mary on Mon Dec 22 13:40:04 2003:

There seems to be subtle changes in the tenacity with 
which Israel has held onto settlements in the territories.
Israel is looking ahead, at the demographics, and see they'll
be another 1960s South Africa if they continue the present
course.  Better to negotiate while they can.  

So, maybe, just maybe, there has been a shift toward
resolution of this conflict.


#2 of 70 by klg on Mon Dec 22 17:10:25 2003:

We anxiously await the headline stating that "Palestinian Terrorists 
Publicly Refuse Orders to Bomb Innocent Israeli Civilians - and Live to 
Tell About It."


#3 of 70 by mcnally on Mon Dec 22 17:40:37 2003:

  Whereas the rest of us anxiously await the headline:

     Amateur KLG Stuns Philosophical Community -
     Proves Two Wrongs DO Make a Right


#4 of 70 by twenex on Mon Dec 22 17:51:00 2003:

<twenex snickers>


#5 of 70 by tod on Mon Dec 22 18:06:51 2003:

This response has been erased.



#6 of 70 by other on Mon Dec 22 19:20:29 2003:

Arafatboy?


#7 of 70 by sj2 on Mon Dec 22 20:32:09 2003:

The soldiers who rebelled aren't general conscripts. They are battle 
hardened commandos and pilots. They must've also very well known the 
consequence would be a court-martial and possible jail. Their families 
too. So the orders they refused must've been really sickening. Hundreds 
of elite soldiers refusing orders is no joke for an army. Remember that 
just a few weeks back four retired top intelligence and military 
officials denounced Sharon's ways.


#8 of 70 by lk on Tue Dec 23 08:25:49 2003:

Yawn.  They were RESERVE officers not on active duty at the time.
They didn't refuse any "really sickening" orders.
That was your bias speaking. Presuming the worst as an expected value.

There is also another bias at play here, which is why this (and similar)
stories have received so much press. The presumption that someone
speaking out against his own must be right. Yet does Justice Thomas
speaking out against affirmative action mean that it is wrong?
Do women who are against feminism prove that it is bad?
Do "cured" homosexuals mean that all gays should be "reformed"?

The bulk of Israel's forces are reserves. It is a people's army.
klg's point was that Israel tolerates a diversity of opinion.
Thus it is no surprise that a small number of troops (out of about
1 million reserves) would voice political objections.

Peace will come when Arab leaders are willing to compromise rather
than view that as surrender of their dream to "throw the Jews into
the sea".

For more on this theme, by an Egyptian writer, see:
http://www.heggy.org/culture_of_compromise.htm


#9 of 70 by sj2 on Tue Dec 23 10:34:46 2003:

And you seem to have a bias that says everything that Israel does is 
fair and good. 

http://news.bbc.co.uk/2/hi/middle_east/3137392.stm
In their statement, released on Wednesday, the pilots said: "We, 
veteran and active pilots... are opposed to carrying out the illegal 
and immoral attack orders of the sort that Israel carries out in the 
territories." 

They added: "We are refusing to continue to attack innocent 
civilians." 
======================
"Really sickening" were my own words but what the soldiers stated 
wasn't far off either.
======================

One of the rebel pilots told the Yediot Ahronot newspaper that he felt 
like he had "come out against his family". 

"I was proud to belong to the organisation called the Israel Air 
Force, and today I am ashamed," said the pilot, a Blackhawk helicopter 
captain named Alon. 

"This is an organisation that carries out actions that in my eyes are 
immoral and patently illegal." 

Hundreds of Israeli reserve soldiers have chosen prison over military 
service in the Palestinian territories during the last three years of 
Israeli-Palestinian violence. 

"We will no longer corrupt the stamp of humanity in us through 
carrying out the missions of an occupation army ... In the past, we 
fought for a justified cause [but today] we have reached the boundary 
of oppressing another people," the letter said.

As for *tolerating* diversity of opinion.

"These soldiers should be stripped of their uniform and face judgement 
for their disobedience and rebellion, regardless of the unit in which 
they serve, whether they be pilots, cooks or mechanics," Mr Boim told 
public radio.

But I guess thats in line with Army regulations.


#10 of 70 by gelinas on Tue Dec 23 12:32:08 2003:

It's in keeping with US law: "A person who is found guilty of attempted
mutiny, mutiny, sedition, or failure to suppress or report a mutiny or
sedition shall be punished by death or such other punishment as a court-
martial may direct" (Article 94, Uniform Code of Military Justice).

I found it at

http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#892.%20ART.%2092.%20FAILURE%2
0TO
%20OBEY%20ORDER%20OR%20REGULATION

"au" is the Air University at Maxwell Air Force Base, Montgomery, Alabama.

Article 92, "Failure to Obey Order or Regulation," is also worth looking at:

        Any person subject to this chapter who-- 
                (1) violates or fails to obey any lawful general order
                or regulation;

                (2) having knowledge of any other lawful order issued by
                any member of the armed forces, which it is his duty to
                obey, fails to obey the order; or

                (3) is derelict in the performance of his duties; 

        shall be punished as a court-martial may direct. 

(Note that death is not included as a penalty.)


#11 of 70 by other on Tue Dec 23 14:28:24 2003:

However, it is arguable whether these soldiers would be subject to 
that provision, because they argue that the orders they are refusing 
are illegal and immoral, both of which are legitimoate justification 
for refusing an order.  What's left is to adjudicate the legality 
and morality of the refused orders.

By the way, I think that #8 is fairly reasonable and should not be 
discounted despite the well-known biases of its author.


#12 of 70 by other on Tue Dec 23 14:29:25 2003:

Hmm.  My last statement above should read:

By the way, I think that #8 is fairly reasonable and should not be 
discounted because of the well-known biases of its author.


#13 of 70 by gull on Tue Dec 23 15:00:53 2003:

Court-martials are basically kangaroo courts, aren't they?  From what
I've heard it's practically unheard of for the defendent to win.


#14 of 70 by bru on Tue Dec 23 15:17:25 2003:

Kangharoo courts?  The only kangaroo is you.  There are laws that must be
maintained, proceedures that must be followed, just as in a civil court.  They
are different than in a civil court, but they are there.

Besides, teh defendenta regularly win on JAG! :-)


#15 of 70 by slynne on Tue Dec 23 16:08:53 2003:

Actually, I heard a story on the radio recently that ever since the 
Milgram experiments, it is much easier for a soldier who refuses to 
obey an illegal order to make their case. Also that the US army has 
training tapes on how to disobey an illegal order. *shrug* I dont know 
if that is true. 



#16 of 70 by slynne on Tue Dec 23 16:11:51 2003:

FWIW, I think the radio story I heard was discussing this article:

http://url.rexroof.com/403

(www.psychologytoday.com/htdocs/prod/ptoarticle/pto-20020301-000037.asp)





#17 of 70 by klg on Tue Dec 23 17:32:40 2003:

We wonder whether the soldiers' moral objections are their true 
reasons - or if they are the way they rationalize their psychological 
reactions to their long years of high stress duties.  Subconsciously, 
the mental toll to which they have been subjected may be leading them 
to act for individual self-preservation - in spite of the logic that 
would seek to preserve the nation at the expense of some individuals.


#18 of 70 by tod on Tue Dec 23 17:42:24 2003:

This response has been erased.



#19 of 70 by gull on Tue Dec 23 17:43:14 2003:

Re resp:17: That's a really roundabout way of asking if they're cowards.


#20 of 70 by twenex on Tue Dec 23 17:46:04 2003:

Yeah, and if the welfare of the nation was Top Priority for everybody,
we'd all be Communists. And it would work.


#21 of 70 by tod on Tue Dec 23 18:12:53 2003:

This response has been erased.



#22 of 70 by gelinas on Tue Dec 23 18:58:34 2003:

Re 13:  No, courts-martial are not "kangaroo courts."  Not in the US, anyway.
The judge is a trained lawyer, the prosecution can use a lawyer only if the
defense also has one, and all of the usual protections available in US courts
apply.  There are also appellate courts, up to and including the Supreme
Court.

And no, not all trials result in convictions.  I don't know what the
conviction rate is, though.


#23 of 70 by tod on Tue Dec 23 19:12:14 2003:

This response has been erased.



#24 of 70 by gelinas on Tue Dec 23 22:02:32 2003:

("Non-judicial Punishment", Article 15 of the UCMJ.)


#25 of 70 by mcnally on Tue Dec 23 22:26:56 2003:

  re #9:  I can't think of any military organizations anywhere which
  stress the value of "tolerating a diversity of opinions."  You might
  not be of the military mindset (God knows *I'm* not) but try to see
  it from there perspective.  How would a military organization function
  while "tolerating a diversity of opinions"?

  re #13:  At the moment I'm living with my sister Cathy, who is
    (a) the commanding officer of the local Coast Guard base, 
    (b) an attorney, and
    (c) a qualified military judge.
  Her current position doesn't leave her a lot of time for (c) but
  her last assignment was District Legal Officer for the 8th Coast
  Guard District (in New Orleans) and I heard a fair amount from her
  then about what she was working on when we'd talk.

  Since we currently live together, it's very common for us now to
  share tales of our day at the office while we're eating dinner or
  watching TV in the evenings.  So while I don't know much about
  military justice myself, I get a bit more information than many
  people do and have a knowledgable source around to ask when I'm
  confused.  My impression is that (a) courts martial are far from
  being "kangaroo courts", (b) to the extent that there is a high
  conviction rate in courts martial that can be explained by 
  (1) the substantial discretion superior officers have concerning
  when to convene a court, (2) the usual reluctance of those officers
  to proceed to court martial without a very strong case.  You might
  also factor (c) into the equation, which is that much (most?) 
  punishment for military infractions is handled without going to
  full court martial.  Cathy seems to have a "Captain's Mast" at
  least once or twice a week and she's got a relatively small command
  up here in Ketchikan.

  I don't think you can conclude much about the fairness of a justice
  system based solely on conviction rate -- it's just as important to
  know which cases are brought to trial.  In the military, so far as
  I can tell, courts martial are usually a last resort for quite
  serious cases, so it's not surprising that many of them result in
  conviction.



#26 of 70 by tod on Tue Dec 23 22:48:52 2003:

This response has been erased.



#27 of 70 by gelinas on Wed Dec 24 01:00:25 2003:

(We used "Request Mast" for the things mentioned in tod's first paragraph.
The Army and Air Force probably had a different name for the smae thing.)

Non-judicial Punishment can include demotion, if the officer giving
the punishment has the authority to promote to the rank currently held.
For example, a battalion commander can promote to sergeant, so he can
demote a sergeant.

(Interesting sidelight:  in the Marines, only the Commandant has the
authority to promote to Staff Sergeant and above.  Except: the commanding
generals of the recruit depots have the authority to promote drill
instructors and recruiters to Gunnery Sergeant, so they also have the
authority to bust them from Gunnery Sergeant.)


#28 of 70 by klg on Wed Dec 24 18:46:48 2003:

re:  "#18 tod):  Or they may just be the types that marry while in the 
military . . . ."

Inasmuch as Israelis (with certain exceptions) enter the army almost 
immediately upon graduation from high school and continue in the active 
reserves for many years following 3 years (2 for women) of full-time 
service, one would have to assume that nearly all Israelies "marry 
while in the military."


re:  "#20 (twenex):  Yeah, and if the welfare of the nation was Top 
Priority for everybody, we'd all be Communists...."

Please have the courtesy to quote us with more accuracy.   We said 
preservation of the nation, not welfare.
("Ask not what your country can do for you, but what you can do for 
your country."
Chairman JFK??)
Thank you.


#29 of 70 by tod on Wed Dec 24 21:29:49 2003:

This response has been erased.



#30 of 70 by klg on Thu Dec 25 01:30:31 2003:

Mr. tod,
You are so darn cute.
klg


#31 of 70 by lk on Thu Dec 25 07:26:49 2003:

Good point, Michael, re: "diversity of opinion".
One which appeared lost on sj2 in #9 re #8.

What I originally said was:

LK> Israel tolerates a diversity of opinion.

Not that the IDF does or has to.

These reserve officers can, as civilians, freely express their opinion.
They chose to speak as members of the military -- for political purposes,
to bolster their point.


If this case goes to court, then the highly respected Israeli Supreme
Court will have to judge the question of whether these soldiers were
refusing a legal order or if they were being given an illegal order.

In my opinion, while it is commendable that these soldiers are concerned
with civilian casualties amongst their enemy, it remains the case that
the Fourth Geneva Conventions allow for what is known as "collateral
damage" -- incidental civilian casualties while pursuing military objectives.

Fourth Geneva Convention, Article 28:

||  The presence of a protected person [civilian] may not be used to
||  render certain points or areas immune from military operations.

See also Article 51-5b of the Protocol Additional (I) from 1977, which
allows "incidental loss of civilian life" provided they are not
"excessive in relation to the concrete and direct military" target.


The violation of international law is by the terrorists who hide amongst
and behind the civilian population and thus endanger it (not to mention
the sinister actions of the terrorists who intentionally target innocent
civilians in attempts to murder as many as possible).

http://www.hrw.org/press/2002/11/isrl-pa1101.htm
http://www.unodc.org/unodc/terrorism_convention_terrorist_bombing.html


#32 of 70 by mary on Thu Dec 25 13:01:55 2003:

That applies during war, right?  And it holds true for the
Palestinians too, right?

Israel will never let this case go to court in a public
way.  Never.


#33 of 70 by lk on Fri Dec 26 08:29:27 2003:

Mary, I'm not sure I understand your questions in the first paragraph.

Conventional wisdom (or at least what I've read as written by a couple
journalists) agrees that Israel doesn't want its military orders to go
on trial. On the other hand, based on what international law actually
states in this regard (see above quotes from the 1949 and 1977 Geneva
Conventions) indicates that a limited number of civilian casualties
during military operations is permissible. For the past 100+ years
man has attempted to make war more humane, which of course it can
never be. Any loss of human life is tragic. But a legal case will
hinge on the current legality, not on an optimistic (and unrealistic)
"beyond war" concept.

Now consider the converse situation.  In the PA territories, just to
question the legitimacy of the terrorist murder of innocent civilians
(or even the cynical use of children at violent mob riots) can get
one branded a "collaborator".  There's no question that the legality
of the use of terrorism will go before the PA's kangaroo courts.
To the contrary, the murderous perpetrators (funded by the PA or
other Arab states, previously Iraq and still Syria and Saudi Arabia)
are glorified as "martyrs", get their pictures put up all over town,
and end up having streets named after them.


#34 of 70 by klg on Fri Dec 26 15:35:07 2003:

re:  "#32 (mary): . . . And it holds true for the Palestinians too, 
right?"

We suppose so - were they to have a "military," which, of course, 
under the terms of prior agreements they have signed, they do not.


#35 of 70 by mary on Fri Dec 26 18:00:06 2003:

The Palestinians would have a fine military if we'd send them some 
of the billions of dollars a year we give Israel.

And if we're all going to be held to "prior agreements" then 
the illegal Israeli settlements wouldn't be there.


#36 of 70 by lk on Fri Dec 26 18:29:35 2003:

The Geneva Conventions do apply to conflicts within a country (not of an
international scope) so, as HRW & AI have concluded, the PA and the terrorist
groups are in violation of international law (and also the 1998 Convention
for the Suppression of Terrorist Bombings.)

The problem I have (and why many Jews suspect that anti-semitism is involved)
is that people who wrap themselves in international law selectively choose
to criticize Israel, and only Israel, for potentially minor violations -- while
giving a free pass to egregious violations by Arabs (and the rest of the
world). The Geneva Committee has convened twice in the past 54 years since
it was formed, both times to scrutinize Israel (while attrocities in Iraq,
Uganda, Yugoslavia, Central America, Cambodia, Rwanda... the list is long,
have passed in shameful silence).

This is perhaps the corrolary to what the Malaysian PM claimed, that Jews
invented Human Rights (etc) so they could (unjustifiably) benefit from them.
One could almost conclude that international laws were invented to be
applied only to the Jewish state....

All of which isn't to say that two wrongs make a right. The point is that
even if there is a 2nd wrong, it is of a totally different magnitude than
the other wrongs which are ignored.


As for the question if Israel will let the case of the refuseniks get
to the courts:

Upon further reflection, the soldiers are not refusing specific orders
(which in theory could be illegal). They are (blanket) refusing to
serve in the disputed territories -- despite the legal status of
Israel's administration (just reconfirmed by the UN, which rejected
the PA's claim that it, and not Israel, represent the people) and
which was established by UN Security Council Resolution 242 (which in
1967 authorized Israel to hold the territories until final borders are
determined through negotiations -- which for decades the Arabs refused
to enter into, the Arab League even expelling Egypt in the late 1970s
for participating in President Carter's Camp David Accords).


#37 of 70 by lk on Fri Dec 26 18:31:54 2003:

Mary slipped in while I was eating lunch.  How rude! (:

What "prior agreements" made the "settlements" "illegal"?


#38 of 70 by mary on Fri Dec 26 20:51:18 2003:

The very first google hit for illegal Israeli settlements brings up 
this BBC site quoting an Israeli defense minister not having any 
qualms about the terminology.

http://news.bbc.co.uk/1/hi/world/middle_east/2066892.stm



#39 of 70 by gelinas on Sat Dec 27 04:15:40 2003:

(For no good reason, I suspect that, were the PA to get "some of the billions"
we send to Israel, Arafat would be richer, but there would be little other
noticible change.  Terrorism works better for the Palestinians than outright
warfare would, as do the refugee camps.)


#40 of 70 by lk on Sat Dec 27 05:54:24 2003:

Mary, did you read that BBC article? If you had, you'd have read that the
minister was against *unauthorized* settlements. Wildcat "settlements",
if you will. These settlements are illegal under *Israeli law*.  (Just as
we can't pitch tents in the Arb and call it Grexistan.)

This does not speak to ALL Jewish villages in the disputed territories
being illegal under *international law*.

Notice how I cited and quoted international law regarding the legal status
of Israel's actions?  Can you do the same to show that "settlements" are
illegal?  [Hint: don't ignore Article 2 of the Fourth Geneva Conventions.]

Furthermore, if it is true that these "settlements" are illegal, why have
the Arab states pursued this, for decades, in POLITICAL forums such as the
UN rather than in LEGAL forums such as the International Court of Justice?

The legal argument is such a longshot that the Arabs have not been willing
to risk it in a court of law. If they lose, that would silence their claim
(and all the propaganda) and end their political efforts.


Any thoughts about the hypocritical invocations of international law
in this theater?  (See #36)

Talking of hypocrisy, and assuming that you support the so-called "right
of return" (for Arabs into Israel), how could it be "illegal" for Jews
to return to Judea?!


#41 of 70 by mary on Sat Dec 27 13:43:03 2003:

I read the article, did you?  I suspect that if every area in the disputed
areas had to go before an international UN zoning board before it was
erected, that a whole lot of Israelis and their tanks wouldn't be where
they are now. 

By the way, are the illegal settlement this defense minister spoke about,
summer of 2002, still up and housing Israelis? 

You can think of me as antisemitic if it makes you feel better.  But
mostly I feel Israel (the country) is wrong in how they are treating the
Palestinians.  And you are right in that I might focus more of my disgust
on how the Israelis and Palestinians are going at each other than on lots
of other viscous nations and their leaders.  But that's not because of the
religions or races involved.  It's because our political leaders have
chosen sides and picked one as a friend, sending lots and lots of money to
feed the cause, and hoping we get something back in return.  We have,
historically, turned our backs on the Palestinians and given Israel a
green light.  I'll even suggest the origin of this pact is partly racist
at heart, when looking out for our own interests we went for those most
like us.  Gasoline was too cheap back then to factor into the bargain. I'm
disgusted we've been part of this.

If I were an Arab I don't think I'd like the United States very much, for
good reason.  I'd be very very angry and ready to vent that in whatever
way I could. 



#42 of 70 by lk on Sat Dec 27 18:58:25 2003:

So in other words, you have no legal information to support the claim
that the "settlements" are "illegal". And this is exactly why the Arabs
don't need to take this to court. Their political propaganda has been
so effective that it has managed to try Israel in the world of public
opinion and have it found guilty -- regardless of what the law says.

(There is no such thing as a UN zoning board. The UN recognizes that
Israel is the proper and legal sovereign over the disputed territories.)

Reminds me of Ralphs' story of Rev. Smith, a holy roller who came to
Detroit years ago. After working the crowd and telling them that he
could walk on water, he asked them (a couple of times) if they believed
he could walk on water. The resounding answer came as "yes!". And he
said, "so I don't have to walk on the water" and he passed the hat....


I'm also not sure your rendition of history is correct. Yes, the US
recognized Israel when it declared independence (in accordance with
UNGAR 181), but did little to help Israel (as did the UN and the
rest of the world) when it was illegally attacked by the surrounding
Arab states. Instead an arms embargo was placed, meaning that the
Arab states had a decided advantage (with standing armies, such as
the British trained and led Arab Legion in Trans-Jordan) and with
Israel scrambling to raise an army with equipment from Czechoslovakia.
Later, France would become Israel's major weapons supplier.

In 1956, the US firmly opposed the joint British-French-Israel war
against Egypt to open the Suez Canal -- which Egypt had just nationalized
and in contravention of International Law closed this international
waterway to Israeli shipping.

During the first 20 years of the conflict (through 1967), Israel received
a total of $1.2 Billion in US aid of which only $137 Million was in the
form of military loans. The rest was evenly split between economic grants
and loans.

Through 1973, US aid to Israel was a sum total of $3.2 Billion. Of this,
$1.4 Billion was in military loans (the bulk of which came after the 1967
war).  The balance was roughly equally split between economic loans and
grants. Note that this is an average of about $120 Million per year.
Are you saying that this made the Arabs hate the US?

During these 26 years, the US had also given aid to Iraq (up until the
semi-democratic regime was overthrown by the Baath party in the late
1950s. No, the rumor that the US installed Saddam is utterly false.)
And to Egypt (and probably some of the smaller Arab states; I don't know).

Nonetheless, anti-US sentiment was high in the Arab world even then.
During riots in Cairo in 1964 (65?), US food aid sent to Egypt was tossed
into the Nile (while people starved). Soon thereafter Nasser turned away
from the US and to the USSR.

Forgive me if I don't agree with you that it was the historic US aid to
Israel that induced the oil embargo.

And if I disagree that the US chose to be friends with Israel instead of
with the Arab world. The US attempted both but was told by the Arab states
that it had to pick. This was consistent with the (illegal) Arab embargo
against Israel. Companies also had to pick. They could have a market of
about 3 million people in Israel, or of the 200 million people in the
Arab world. They could not do business in both.

So I don't agree that the US turned its back on the Arab world, the exact
opposite happened: Egypt had become a Soviet client, as had Iraq, Syria,
Libya and others.  Why? Because the USSR gave them arms.  Arms to make
war against Israel.

With the exception of Lebanon, no Arab state had anything resembling a
democratic system. Many had frequent changes at the top as one strongman
assassinated and took the place of his predecessor.  Are you suggesting
that the US should have supported these ruthless dictators?


Through the first 20 years, there was no "Palestinian Cause" for anyone
to turn their back on. Today's disputed territories sat in Arab hands,
yet there was no call to create a "Palestinian" state therein. The war
cry, as before, was to "throw the Jews into the sea".  Egypt ruled in
Gaza, Judea and Samaria were "unified" with eastern Palestine (until
then known as Trans-Jordan, Palestine across the Jordan river) and
became known as the "West Bank" of Jordan (ironically, the part of
Palestine east of the Jordan which was west of the Jordan river).

None of which prevented Arab aggression against Israel in 1967 and 1973.
Nor Arab terrorism such as the murder of Olympic athletes in 1972 and
numerous airplane hijackings.

Only in 1974, after the oil embargo, did Israel receive its first military
grant from the US.  Most of this was to rebuild its defense forces which
were ravaged during the 1973 war (Egypt alone had more soldiers than the
entire population of Israel, and Sadat had stated that he was willing to
sacrifice 1 million of them to destroy Israel).

In 1975, total US aid to Israel would drop to $823 Million.

Following Pres. Carter's Camp David agreement, aid to Israel would increase,
but Egypt would also receive about the same.  (Perhaps if other Arab
countries had been interested in peace and joined, they also would have
been the recipients of US aid, as Jordan would be years later).

Sorry, Mary, but the facts indicate you've reversed the causality of the
situation.  You have made many unwarranted assumptions about what happened
25-50 years ago based on the situation today, as if there is only one way
we could have gotten here -- based on other assumptions you are making.
You need to read history forward, in the order it happened, rather than
write it backward.


#43 of 70 by mary on Sat Dec 27 22:05:44 2003:

I shall accept comments made by Israeli ministers of defense,
Amnesty International, The Human Right Organization, representatives
of the United Nations and others, who are all calling for an end
to Israeli aggression in the occupied territories, as proof Israel
is wrong.  To put it very gently.

Just for the heck of it here is what 

The Human Rights Organization has to say:
http://www.hrw.org/un/chr59/israelot.htm#6

Amnesty International:
http://web.amnesty.org/pages/isr-index_2-eng

The UN and EU:
http://www.commondreams.org/headlines03/1106-09.htm

So we continue to disagree.  You will hope for a President
who will continue to send Israel money and look away at what that
money is doing.  I'll be shopping for a candidate willing to say,
enough, Israel is wrong. 


#44 of 70 by klg on Sat Dec 27 23:14:54 2003:

Send the Palestinians more money?  We might as well just wire it to 
Yasser's bank account.

Upon what basis are Israeli settlements "illegal?"  (A question which 
nobody seems to be able to answer.)

And (most unfortunately for Ms. mary) nowhere in her source is the 
official quoted as saying "illegal."  ("Nice try, but no cigar.)


#45 of 70 by mary on Sun Dec 28 00:01:43 2003:

In response #38:

http://news.bbc.co.uk/1/hi/world/middle_east/2066892.stm

To which the response was that some of the settlements are 
illegal but not all of them.

We should all take comfort in that news. ;-)



#46 of 70 by mary on Sun Dec 28 00:07:55 2003:

Light, please.


#47 of 70 by klg on Sun Dec 28 03:10:00 2003:

Not so fast, Ms. mary.  According to the JTA.org website:

"Ben-Eliezer s spokesman said the outposts are illegal in the sense 
that the government has not authorized them."

We seriously doubt that this was the sense in which you anti-Israel 
folk proclaim the settlements to be illegal.


It's funny (?) that when the U.S. chooses to support a liberal 
democracy (such as Israel) it is demonized by the lefties.  And when 
the U.S. chooses to support a dictatorial ruler it's demonized by the 
lefties.  Clearly, it's the case for the America haters that the 
friend of my enemy is my enemy.


#48 of 70 by gull on Sun Dec 28 04:37:38 2003:

I think the 'lefties' are mostly opposing funding other people's wars.  
That's a lot less hypocritical-sounding than how you prefer to spin it.


#49 of 70 by klg on Sun Dec 28 20:17:47 2003:

(Then they would support allowing Israel to once-and-for-all put an 
end to this Intafada and bounce Arafat (didn't he once win a Nobel 
Peace Prize?) out on his ear?  That's GREAT NEWS!!  Is that what How-
weird (our man) favors??  It would certainly be a whole lot cheaper 
and, in the long run, less painful for everyone involved.)


#50 of 70 by lk on Mon Dec 29 01:26:31 2003:

Mary (and David), please reread my #42 and see if you can provide a more
thorough response to what I said. Not just about the distinction between
outposts which are illegal under Israeli law and "settlements" which are
allegedly illegal under an international law that no one can find.  (If
others said the earth was flat would you also blindly believe them? If
a former Israeli minister of defense said that the world is flat in some
places would you also misconstrue this to mean that he said the earth
is flat?)

And that was but my first paragraph.  Can you explain why the US was
hated by tyrannical Arab regimes who turned their backs on America
long before the US provided Israel with more than a token amount of
primarily economic aid?  Complete figures are provided in #42.

I'm also awaiting a response to my comments in #40:

| Any thoughts about the hypocritical invocations of international law
| in this theater?  (See #36)

| Talking of hypocrisy, and assuming that you support the so-called "right
| of return" (for Arabs into Israel), how could it be "illegal" for Jews
| to return to Judea?!

Can it really be the case that international law requires that Arabs
"return" to Israel but simultaneously prohibits Jews from returning to
where they lived prior to the illegal 1948 Arab invasion which ethnically
cleansed ALL Jews from Judea, Samaria and Gaza?


#51 of 70 by gull on Mon Dec 29 02:32:44 2003:

Re resp:49: I think getting rid of Arafat would be a big help, but if
Israel takes him out it'll only make things worse.  He'll have to either
die or be made irrelevent by internal politics.

Re resp:50: I don't know about Mary, but assuming I support the "right
of return" is assuming an awful lot.  I don't, and never have.  I don't
feel it's at all realistic.


#52 of 70 by klg on Mon Dec 29 03:36:50 2003:

Mr. gull-
Do you contend that the removal of Mr. Arafat would "only make things 
worse" in terms of the Israel/PLO situation or in terms of the global 
Arab/Israel relationship?  And, how much "worse?"
Thank you.


#53 of 70 by mary on Mon Dec 29 04:28:16 2003:

I don't think you see answers until they are the ones you
want to hear, Leeron.

You ask for proof of illegal settlements, I gave it to you, now you say
those aren't really illegal enough.  Or the right illegal ones.  Or the
illegal ones that don't really exist.  I don't suppose it makes a whole
lot of difference to the Palestinians dodging the tanks. 

You want to believe those who disagree with you are anti-semetic, that
that's the only reason that makes any sense.  History has taught you
to look there, first.  I hope in time you can approach these discussions
without pulling the race card.  But I understand why that's hard.

You ask why the Arabs hate the US, like even back in the 40's?  You mean
besides our pure white political alliances?  Racism at home?  Distaste for
all religions non-Christian? Incredible culture clashes? And on and on...
Haven't a clue. ;-) 

And I'm pretty sure the window for anyone to return and co-occupy
is past.  World opinion is shifting.  The populations are shifting.
It's just a matter of time before the Palestinians get some 
respected leadership.  That's when the negotiations will get
interesting.

And one little nit-pick.  If someone from Topeka said their
farm was flat, I'd believe 'em.  If the Israeli minister of
defense admitted some of the settlements are illegal, I'll
believe 'em.  You seem to think I shouldn't.  

I'm afraid we won't be able to find common ground here,
again.  Maybe next round?



#54 of 70 by gelinas on Mon Dec 29 05:04:51 2003:

(First time I've _noticed_ you admitting some of the settlements are legal,
Mary.)


#55 of 70 by lk on Mon Dec 29 08:40:33 2003:

> You ask for proof of illegal settlements, I gave it to you

No. I asked for the International Law based upon which these "settlements"
are illegal. Just as I cited from the Geneva Conventions to show that
Israel's "orders" were within the law (not to mention that the "refuseniks"
aren't refusing any specific order but to serve in a particular region, in
territories that according to the UN are under legal Israeli administration.)

This law must be so obscure that for decades the Arab states have pursued
this matter at the UN, a POLITICAL forum, rather than in the International
Court of Justice, for a LEGAL ruling based on LAW.
 
> If the Israeli minister of defense admitted some of the settlements are
> illegal, I'll believe 'em.  You seem to think I shouldn't.  
 
Well, as Joe pointed out, only SOME. So we have two types of Jewish villages.
"Outposts" which are illegal under Israeli law and "settlements" which are
allegedly illegal under some unknown international law.

Your argument is akin to saying that if the minister of health said that
abortion in the 3rd trimester are illegal then that's proof that all
abortions are illegal....

 
> You want to believe those who disagree with you are anti-semetic

From comments elsewhere, I think that's abundantly clear. But actually,
I didn't say so. I said that given the hypocritical way in which some
people selective apply international law to what at worst is a gray area,
while always ignoring scores of other egregious violations, makes other
people think that this is due to anti-semitism. Didn't you validate that?


> You ask why the Arabs hate the US, like even back in the 40's?

No, like even back in 1966 and 1972, before the US gave any significant
aid to Israel.

> You mean besides our pure white political alliances?  Racism at home?
> Distaste for all religions non-Christian? Incredible culture clashes?
> And on and on...  Haven't a clue. ;-) 

But you previously alleged it was because the US supported Israel!
That the US had turned its back on the Arabs. Now you're saying that
it was the reverse? That the Arabs turned their back on the US? OK.

While what you say is true to some degree, it didn't prevent the Iraqis
or the Egyptians from liking the US -- until such time that the Baath
party overthrew the Iraqi government and until the Egyptians chose to
side with the USSR (who had many of the same faults you cite).  In fact,
I think one could successfully argue that the US didn't turn to Israel
until after it had been dumped by the Arabs in favor of the USSR.
 

> I'm pretty sure the window for anyone to return and co-occupy is past.

Does this mean you oppose the so-called "right of return" or that you
agree that it doesn't exist?  (Rather than what some people evidently
believe, that it exists for Arabs but not for Jews.)  If so then this is
progress for it supports a two-state solution.


> It's just a matter of time before the Palestinians get some respected
> leadership.

May that day come soon.

> That's when the negotiations will get interesting.

Not really. The Palestinian Arab negotiators at Camp David / Taba wanted
Arafat to accept the compromise. Sure, it wasn't perfect, but it was a
pretty good deal. Probably more than they had hoped for.  Ostensibly
Arafat refused it because he wanted an extra 77 square miles of territory.
The more reasonable explanation is that he wouldn't have been happy even
with that because his primary objection was ending the conflict without
"liberating" Haifa and Tel Aviv. (Recall that after walking out of Camp
David without as much as a counter-offer, Arafat sought to gain support
for a unilateral declaration of independence: establishing a state on less
than half the territory of the Clinton compromise -- but without the terrible
price of having to make peace with Israel and foregoing its destruction.)

So when the time of enlightened Palestinian Arab leadership arrives, it
will enable such negotiations from merely being items of discussion.
They might actually be implemented. But the compromise will be based on
those parameters as they were discussed in 2000.


#56 of 70 by gull on Mon Dec 29 15:00:25 2003:

Re resp:52: I think if Israel is seen as forcing Arafat out it will only
generate more anger against them and ensure Arafat's replacement will be
even worse.  I'm not saying removing Arafat is bad in priciple, but that
the political realities of it make it a bad idea.

Re resp:55:
> But the compromise will be based on
> those parameters as they were discussed in 2000.

I doubt it, simply because by that time the wall will be complete and
will have defined the new Israeli border in a very non-negotiable way.


#57 of 70 by klg on Mon Dec 29 19:08:35 2003:

"Worse" than Arafat?   Difficult to believe, particularly if Israel did 
the housecleaning that the Peace Prize guy refuses to do.

Better to take the bad medicine all at once than to suffer drop by drop.


lk:  Could it be said the "illegal" settlements are, really, only out 
of compliance with Israeli zoning-type regulations.  And are these 
people who are strict law-and-order types as far as who-may-live-where 
also in favor of law that restricted who may live in places such as 
Grosse Pointe (which didn't allow dirty Jews to live there, either).


#58 of 70 by tod on Mon Dec 29 19:48:08 2003:

This response has been erased.



#59 of 70 by gull on Tue Dec 30 02:44:06 2003:

Re resp:57: Well, if they *are* out of zoning compliance, maybe they 
should bulldoze the houses like they do to Palastinian houses that are 
out of compliance.


#60 of 70 by tod on Tue Dec 30 16:18:15 2003:

This response has been erased.



#61 of 70 by lk on Tue Dec 30 17:25:01 2003:

Arafat needs to be removed by the Palestinian Arabs. Yet they dare not
do so.  Maybe the UN should help and take him to the Hague?  While I'm
in dream-land, Michigan should beat USC 120-0....   What they need is
a PM who will, backed by the PNC, wrest control of the dozen security
organizations away from Arafat and put them to use.

klg, the "outposts" are in violation of Israeli law. I'm no lawyer and
suppose it's something akin to zoning laws, but they are illegal. Just
as you can't go pitching tents and trailers in the middle of nowhere in
Nevada.  (Not for a night, certainly not in the hope of establishing a
new town.)

There is a warped sense of equivalency here. Israelis (allegedly) break
the law by building "settlements".  Arab terrorists break the law by
murdering scores of innocent civilians.


David, Palestinian houses that have illegal additions, etc., are not
demolished. We've already had this discussion once (when Aaron posted
a long article about how an Israeli hotel which was then used for
condos instead was not bulldozed, nor were Israeli homes that were
in violation of building codes, such as remodeling a kitchen without
a permit). Most often Arab houses are bulldozed because they are
built on a neighbor's land, on public lands (try building a house
in the Arb....), etc.

(And to prevent you from alleging that Arabs can't get permits, let
me remind you that there is a very small difference (~5%) in the
number of permits approved and that in areas such as Jerusalem, Arab
building has outpaced Jewish building.)

In any event, the "outposts" are usually just tents and trailers and
can be removed quite easily, despite gull's blood lust to see Jewish
homes bulldozed.

Similarly, if there does come a time when the security fence is not
needed, it can come down. But note that its route isn't that far
different than what was proposed by President Clinton.


#62 of 70 by gull on Tue Dec 30 18:15:52 2003:

It's not "blood lust".  I just think it's another obvious example of the
discrimination that you seem bent on denying.  Jewish outposts built
illegally are allowed to remain and often given military protection. 
Arab houses built illegally are demolished.


#63 of 70 by tod on Tue Dec 30 18:26:52 2003:

This response has been erased.



#64 of 70 by lk on Wed Dec 31 22:49:29 2003:

David, read what I said about warped comparisons. Homes illegally built
by Arabs don't need military protection because Jews don't attack them
and murder their residents.

The illegal "outposts" are a political hot-potato. The Israeli government
should (and will) remove them. Yet back to the warped comparisons, is this
in any way equivalent to the PA harboring and funding terrorists who are
in the business of murdering innocent civilians?

Note that Arafat and his thugs were in this "business" long before there
were any "settlements" and before there was an "occupation", etc.


#65 of 70 by gull on Sun Jan 4 01:31:13 2004:

The Israeli government makes noises about removing them when the U.S. 
ratchets up the pressure enough.  It's always just noise, though.  They 
rarely actually remove one, and when they do another just crops up 
elsewhere.


#66 of 70 by lk on Sun Jan 4 22:19:27 2004:

As I said, its a political hot-potato. The Israeli government can't evacuate
a bunch of extremists in tents and trailers only to have Arab terrorism
continue unabated. But you avoided my point and question:

Is this in any way equivalent to the PA harboring and funding terrorists
who are in the business of murdering innocent civilians?

(Note that Arafat and his thugs were in this "business" long before there
were any "settlements" and before there was an "occupation", etc.)

Of course not. That's a false comparison (one of many) so one can pretend
that both sides are just as guilty, that we shouldn't take sides, that we
should demand as much (or even more) from Israel. Under the false pretense
that "if only Israel did X" (where X = "play nice" or "dismantle outposts"
or "remove checkpoints" -- built as a response to terrorism) suddenly the
terrorists would cease their murderous ways opposing the peace process.

There can be no peace as long as there are terrorists (operating with the
blessings and aid of the PA and the people) bent not just on opposing the
peace process but on the dstruction of Israel.  There can be no honest
negotiations as long as the PA can unleash terrorism as a negotiating tool.

The first step is to end the terrorism. And neither the PA nor much of the
Arab & Muslim world is interested.  Why not?


#67 of 70 by gull on Mon Jan 5 20:16:07 2004:

I don't know, to be honest.  Neither side has ever struck me as very
enthusiastic.  Progress never happens except under pressure from outside
parties.


#68 of 70 by lk on Tue Jan 6 21:07:00 2004:

Good grief, David. Confronted with one false equivalence (as if tolerating
"outposts" in the middle of nowhere is the same as harboring and aiding
terrorists who are murdering innocent civilians) you move to another:

> Neither side has ever struck me as very enthusiastic [about making peace].

Really? So both sides were equally unenthusiastic in 1937, when the Jewish
Agency accepted the principle of partition yet the Arab High Committee
rejected it?

So both sides were equally guilty in 1947, when the Jewish Agency accepted
the findings of UNSCOP and Resolution 181 (establishing 2 states, one Arab
and one Jewish) and the Arabs violently rejected it, opting for war?

Following this war, the Arab League isued its "3 NOs" declaration:
No negotiations, no recognition, no peace with Israel and went on to
reject Resolution 194 (the very one invoked today as the basis of a
"right of return" in a maneuver that can best be described as the
opposite of a line-item veto).

Again after the 1956 war, despite Israel's unilateral withdrawal from all
territories in a good-faith effort to kindle negotiations, the Arab League
re-issued its "3 NOs".

Again after the 1967 war, Israel accepted UNSCR 242. The Arab League rejected
it and re-issued its "3 NOs".

Following the 1973 war, Israel again unilaterally withdrew (after repelling
the surprise Arab attack, its forces were on the outskirts of Damascus and
Cairo). Ultimately Egypt would come around and make peace, but not only
was Carter's Camp David rejected and denounced by the rest of the Arab world
(none of whom would come to the negotiating table), Egypt was expelled from
the Arab League.

Has anything really changed in the last 25 years?

When Lebanese President Bashir Gemayel signed a peace treaty with Israel,
he was promptly assassinated by the Syrian/PLO/Shia axis, the peace treaty
anulled.

Yes, the PLO has rejected terrorism (even several times), yet continues to
harbor, fund and perpetrate it.

After 7 years of Oslo the Saudis finally paid lip service to a peace plan (that
stayed in the drawer; the first hint of taking it out caused an uproar at
the ensuing Arab League meeting which quickly disintegrated and disbanded).

At least Oslo allowed Jordan to come out from the PLO shadow and make peace
(with a waiting and willing) Israel.

Yet even at Clinton's Camp David, Barak was willing to compromise and make
peace and Arafat was not.

So why this hesitancy to compromise and make peace? Because much of the
Arab world views "compromise" as "surrender" and has no interest in it.
http://www.heggy.org/culture_of_compromise.htm

And, as the historian Benny Morris posits:

||  Palestinian leaders and preachers, guided by history and religion,
||  have traditionally seen the Jews as an inferior race whose proper 
||  place was as an abased minority in a Muslim polity; and the present 
||  situation, with an Arab minority under Jewish rule, is regarded as a 
||  perversion of nature and divine will.

http://www.tnr.com/docprint.mhtml?i=20030421&s=morris042103 


#69 of 70 by lk on Sat Jan 10 05:24:44 2004:

Ran across an interesting tidbit showing that the International Committe
of the Red Cross does not consider Israeli settlements to be a "war crime", a
violation of the Geneva Conventions.  From the Jerusalem Post (20 June 2001):

        The Jerusalem representative of the International Committee of the Red
        Cross (ICRC), Rene Kosimik, on May 17, 2001, said, "The installation
        of a population of the occupying power in occupied territory is
        considered an illegal move, it is a grave breach. In principal it is
        a war crime." Rep.  Eliot Engel protested to the President of the
        ICRC, Jakob Kellenberger, who replied, "The expression 'war crime'
        has not been used by the ICRC in relation to Israeli settlements in
        the occupied territories in the past and will not be used anymore in
        the present context." He added, "The reference made to it on May 17
        was inappropriate and will not be repeated."


#70 of 70 by aaron on Fri Jan 30 21:10:23 2004:

So you are arguing that the illegal settlement perpetrated by Israel in
the occupied territories is not a war crime? Finally, we're on the same
page. <eye roll>

How much reserve duty have you refused to perform over the past three
years, Leeron? Some refuse out of conscience; others out of cowardice.
Right?


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