The topic of war crimes is now firmly fixed on the
national and military agenda, and cannot be removed anymore..
This week there was a public outcry about the death of
Nidal Abu-Muhsein in Tubas village on the West Bank. The 19 years old
youngster was taken from his home by the soldiers who had come to the
village in order to arrest (or kill) his neighbor, the Hamas activist
Nasser Jerar. Nidal was compelled to approach Nasser’s door and call on
him to come out. Nasser, who must have been waiting for the soldiers,
opened fire and killed him. Then a bulldozer was called in and to destroy
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 live television, 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 the
convention calls inhabitants of an occupied territory) for such purpose.
This practice, like the practice of compelling Palestinian neighbors to
tour buildings suspected of being booby-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 daily routine 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 that has
hovered over this subject), a public debate started. It was disclosed that
this is a widely-used method, which has even been given a regular military
appellation: "neighbor practice". Not long ago. the army promised the
Supreme Court to give up the practice had no intention at all of
fulfilling the promise.
On the same live TV program, a reserve brigadier-general
who has served in the past as a deputy division 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 it saves
the lives of soldiers. The assumption is that the Palestinian fighter
would not open fire on an Arab neighbor, so that it would be possible to
capture (or kill) him without taking risks.
(I mention the fact that he wore a scull-cap in order to
stress a sad fact: when somebody appears in public to justify war crimes,
it is invariably a religious person. This throws light – or darkness – 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 making possible 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" is more humane than the alternative
method: dropping a one-ton bomb on the house of the Hamas activist Salah
Shehadeh, in a crowded residential neighborhood in Gaza, killing 17
neighbors, including nine children.
The dropping of that bomb was a war crime, too. One of
these days it may lead the whole chain of command to The Hague – the Prime
Minister, the Defense Minister, the Chief-of-Staff, the Commander of the
Air Force and the anonymous pilot. According to a newspaper-report, this
possibility has caused quite a stir in the Air Force, especially after
some anonymous persons smeared 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 in the streets: they only fulfill
orders. They act according to the instructions of the elected political
leadership. They defend the home. Also: they are excellent technicians.
And, more importantly, they are loyal to their comrades.
One can envy them. According to the report, they entertain
no moral qualms whatsoever. They have not listened to their colleague,
Reserve Colonel Yig’al Shohat, the war hero shot down over Egypt, who has
called upon the pilots to refuse precisely such orders. Obviously, they
have not heard about the American pilot who had dropped the atom bomb on
Hiroshima, who later sunk 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, who have become profoundly aware of
the war crimes dilemma. I am sure that in all parts of the IDF there are
officers and soldiers who are bothered by it. I hope that more and more of
them will come to the conclusion that there is only one "neighbor
practice" that will provide security for Israel and its citizens: a peace
practice that will turn the Palestinian people into a good neighbor.
[The author has closely followed the career of Sharon for four decades.
Over the years, he has written three extensive biographical essays about
him, two (1973, 1981) with his cooperation.]