http://www.dailytimes.com.pk/default.asp?page=2009\07\21\story_21-7-2009_pg3_5

OPINION: The Johnny Procedure -Uri Avnery 

 Only one conclusion can be drawn from this: from now on, any Israeli decision 
to start a war in a built-up area is a war crime, and the soldiers who rise up 
against this crime should be honoured. May they be blessed



LIKE THE ghost of Hamlet's father, the evil spirit of the Gaza War refuses to 
leave us in peace. This week it came back to disturb the tranquility of the 
chiefs of the state and the army.

"Breaking the Silence", a group of courageous former combat soldiers, published 
a report comprising the testimonies of 30 Gaza War fighters. A hard-hitting 
report about actions that may be considered war crimes.

The generals went automatically into denial mode. Why don't the soldiers 
disclose their identity, they asked innocently. Why do they obscure their faces 
in the video testimonies? Why do they hide their names and units? How can we be 
sure that they are not actors reading a text prepared for them by the enemies 
of Israel? How do we know that this organisation is not manipulated by 
foreigners, who finance their actions? And anyhow, how do we know that they are 
not lying out of spite?

One can answer with a Hebrew adage: "It has the feel of Truth". The testimonies 
about the use of phosphorus, about massive bombardment of buildings, about "the 
neighbour procedure" (using civilians as human shields), about killing 
"everything that moves", about the use of all methods to avoid casualties on 
our side - all these corroborate earlier testimonies about the Gaza War, there 
can be no reasonable doubt about their authenticity. I learned from the report 
that the "neighbour procedure" is now called "Johnny procedure".

The height of hypocrisy is reached by the generals with their demand that the 
soldiers come forward and lodge their complaints with their commanders, so that 
the army can investigate them through the proper channels.

First of all, we have already seen the farce of the army investigating itself.

Second, and this is the main point: only a person intent on becoming a martyr 
would do so. A solder in a combat unit is a part of a tightly knit group whose 
highest principle is loyalty to comrades and whose commandment is "Thou shalt 
not squeal!" If he discloses questionable acts he has witnessed, he will be 
considered a traitor and ostracised. His life will become hell. He knows that 
all his superiors, from squad leader right up to division commander, will 
persecute him.

But before accusing the soldiers who committed the acts described in the 
testimonies, one has to ask whether the decision to start the war did not 
itself lead inevitably to the crimes.

Professor Assa Kasher, the father of the army "Code of Ethics" and one of the 
most ardent supporters of the Gaza War, asserted in an essay on this subject 
that a state has the right to go to war only in self defence, and only if the 
war constitutes "a last resort". "All alternative courses" to attain the 
rightful aim "must have been exhausted".

The official cause of the war was the launching from the Gaza Strip of rockets 
against Southern Israeli towns and villages. It goes without saying that it is 
the duty of the state to defend its citizens against missiles. But had all the 
means to achieve this aim without war really been exhausted? Kasher answers 
with a resounding "yes". His key argument is that "there is no justification 
for demanding that Israel negotiate directly with a terrorist organisation that 
does not recognise it and denies its very right to exist."

This does not pass the test of logic. The aim of the negotiations was not 
supposed to be the recognition by Hamas of the State of Israel and its right to 
exist (who needs this anyway?) but getting them to stop launching missiles at 
Israeli citizens. In such negotiations, the other side would understandably 
have demanded the lifting of the blockade against the population of the Gaza 
Strip and the opening of the supply passages. It is reasonable to assume that 
it was possible to reach - with Egyptian help - an agreement that would also 
have included the exchange of prisoners.

Not only was this course not exhausted - it was not even tried. The Israeli 
government has consistently refused to negotiate with a "terrorist 
organisation" and even with the Palestinian Unity Government that was in 
existence for some time and in which Hamas was represented.

Therefore, the decision to start the War on Gaza, with a civilian population of 
a million and a half, was unjustified even according to the criteria of Kasher 
himself. "All the alternative courses" had not been exhausted, or even 
attempted.

Was it at all possible to conduct this war without committing war crimes? When 
a government decides to hurl its regular armed forces at a guerrilla 
organisation, which by its very nature fights from within the civilian 
population, it is perfectly clear that terrible suffering will be caused to 
that population. The argument that the harm caused to the population, and the 
killing of over a thousand men, women and children was inevitable should, by 
itself, have led to the conclusion that the decision to start this was a 
terrible act right from the beginning.

In a war between a mighty army, equipped with the most sophisticated weaponry 
in the world, and a guerrilla organisation, some basic ethical questions arise. 
How should the soldiers behave when faced with a structure in which there are 
not only enemy fighters, which they are "allowed" to hit, but also unarmed 
civilians, which they are "forbidden" to hit?

Kasher cites several such situations. For example: a building in which there 
are both "terrorists" and non-fighters. Should it be hit by aircraft or 
artillery fire that will kill everybody, or should soldiers be sent in who will 
risk their lives and kill only the fighters? His answer: there is no 
justification for the risking of the lives of our soldiers in order to save the 
lives of enemy civilians. An aerial or artillery attack must be preferred.

That does not answer the question about the use of the air force to destroy 
hundreds of houses far enough from our soldiers that there was no danger 
emanating from them, nor about the killing of scores of recruits of the 
Palestinian civilian police on parade, nor about the killing of UN personnel in 
food supply convoys. Nor about the illegal use of white phosphorus against 
civilians, as described in the soldiers' testimonies gathered by Breaking the 
Silence, and the use of depleted uranium and other carcinogenic substances.

We shall not evade the hardest moral question of all: is it permissible to risk 
the lives of our soldiers in order to save the old people, women and children 
of the "enemy"? The answer of Assa Kasher, the ideologue of the "Most Moral 
Army in the World", is unequivocal: it is absolutely forbidden to risk the 
lives of the soldiers. The most telling sentence in his entire essay is: 
"Therefore...the state must give preference to the lives of its soldiers above 
the lives of the (unarmed) neighbours of a terrorist."

These words should be read twice and three times, in order to grasp their full 
implications. What is actually being said here is: if necessary to avoid 
casualties among our soldiers, it is better to kill enemy civilians without any 
limit.

This is the principle that guided the Israeli army in the Gaza War, and, as far 
as I know, this is a new doctrine: in order to avoid the loss of one single 
soldier of ours, it is permissible to kill 10, 100 and even 1000 enemy 
civilians. War without casualties on our side.

If we strip this doctrine of all ornaments, what remains is a simple principle: 
the state must protect the lives of its soldiers at any price, without any 
limit or law. A war of zero casualties. That leads necessarily to a tactic of 
killing every person and destroying every building that could represent a 
danger to the soldiers, creating an empty space in front of the advancing 
troops.

Only one conclusion can be drawn from this: from now on, any Israeli decision 
to start a war in a built-up area is a war crime, and the soldiers who rise up 
against this crime should be honoured. May they be blessed.

Uri Avnery is an Israeli peace activist who has advocated the setting up of a 
Palestinian state alongside Israel. He served three terms in the Israeli 
parliament (Knesset), and is the founder of Gush Shalom (Peace Bloc)


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