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25 new of 70 responses total.
tod
response 18 of 70: Mark Unseen   Dec 23 17:42 UTC 2003

This response has been erased.

gull
response 19 of 70: Mark Unseen   Dec 23 17:43 UTC 2003

Re resp:17: That's a really roundabout way of asking if they're cowards.
twenex
response 20 of 70: Mark Unseen   Dec 23 17:46 UTC 2003

Yeah, and if the welfare of the nation was Top Priority for everybody,
we'd all be Communists. And it would work.
tod
response 21 of 70: Mark Unseen   Dec 23 18:12 UTC 2003

This response has been erased.

gelinas
response 22 of 70: Mark Unseen   Dec 23 18:58 UTC 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.
tod
response 23 of 70: Mark Unseen   Dec 23 19:12 UTC 2003

This response has been erased.

gelinas
response 24 of 70: Mark Unseen   Dec 23 22:02 UTC 2003

("Non-judicial Punishment", Article 15 of the UCMJ.)
mcnally
response 25 of 70: Mark Unseen   Dec 23 22:26 UTC 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.

tod
response 26 of 70: Mark Unseen   Dec 23 22:48 UTC 2003

This response has been erased.

gelinas
response 27 of 70: Mark Unseen   Dec 24 01:00 UTC 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.)
klg
response 28 of 70: Mark Unseen   Dec 24 18:46 UTC 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.
tod
response 29 of 70: Mark Unseen   Dec 24 21:29 UTC 2003

This response has been erased.

klg
response 30 of 70: Mark Unseen   Dec 25 01:30 UTC 2003

Mr. tod,
You are so darn cute.
klg
lk
response 31 of 70: Mark Unseen   Dec 25 07:26 UTC 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
mary
response 32 of 70: Mark Unseen   Dec 25 13:01 UTC 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.
lk
response 33 of 70: Mark Unseen   Dec 26 08:29 UTC 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.
klg
response 34 of 70: Mark Unseen   Dec 26 15:35 UTC 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.
mary
response 35 of 70: Mark Unseen   Dec 26 18:00 UTC 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.
lk
response 36 of 70: Mark Unseen   Dec 26 18:29 UTC 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).
lk
response 37 of 70: Mark Unseen   Dec 26 18:31 UTC 2003

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

What "prior agreements" made the "settlements" "illegal"?
mary
response 38 of 70: Mark Unseen   Dec 26 20:51 UTC 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

gelinas
response 39 of 70: Mark Unseen   Dec 27 04:15 UTC 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.)
lk
response 40 of 70: Mark Unseen   Dec 27 05:54 UTC 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?!
mary
response 41 of 70: Mark Unseen   Dec 27 13:43 UTC 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. 

lk
response 42 of 70: Mark Unseen   Dec 27 18:58 UTC 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.
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