Israeli soldiers | SabrangIndia News Related to Human Rights Wed, 18 Apr 2018 06:20:04 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Israeli soldiers | SabrangIndia 32 32 Influential rabbi teaches would-be Israeli soldiers their religion permits them to wipe out Palestinians https://sabrangindia.in/influential-rabbi-teaches-would-be-israeli-soldiers-their-religion-permits-them-wipe-out/ Wed, 18 Apr 2018 06:20:04 +0000 http://localhost/sabrangv4/2018/04/18/influential-rabbi-teaches-would-be-israeli-soldiers-their-religion-permits-them-wipe-out/ Rabbi Ophir Wallas of the Bnei David Military Mechina was caught on video teaching young would-be soldiers that Israelis are, from the halachaic point of view, permitted to wipe out Palestinians, and that only fear of massive retaliation prevents that. Rabbi Ophir Wallas addressing students (Screenshot: www.bneidavid.org)   Rabbi Wallas’ words can be heard here. […]

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Rabbi Ophir Wallas of the Bnei David Military Mechina was caught on video teaching young would-be soldiers that Israelis are, from the halachaic point of view, permitted to wipe out Palestinians, and that only fear of massive retaliation prevents that.

Rabbi Ophir Wallas addressing students (Screenshot: www.bneidavid.org)
 
Rabbi Wallas’ words can be heard here. They are taken from a longer lecture he has given his students, which – for those who have too much time on their hands – can be seen here. Here is my translation, with essential footnotes:

“In conquering the Land [of Israel] according to Nachmanides and Rashi [*], who say that the wars of today are also mitzvah wars for conquering the Land, I am beholden to nothing. This isn’t the law of the persecutor [**], right? What law are we dealing with? The laws of a mitzvah war, a war of occupying the Land. Even if I don’t conquer Gaza right now, [conquering it] is part of my ability to settle the Land of Israel, so it is also a part of the mitzvah of conquering the Land. And therefore it follows, there’s no other way; like, we’d have to kill them all. Because this is the difference between the Law of the Persecutor and mitzvah wars. […] A mitzvah war of conquering the Land, which is not limited to saving the people of Israel from their enemies, according to some of the Rishonim [***] I could, on the face of it and by the essential law, destroy, kill and cause to perish [****] all of them. I will not do so, because if I were to do so, and reject international treaties, then the State of Israel shall parish, unless we shall witness a miracle of miracles – and one must not trust in a miracle. And that’s the only reason I won’t do it.”

A few other notes are essential. First, and please bear with me, what is a mechina? Literally, it means a “preliminary school”, but in Israel it came to mean a school  which prepares students who finished their high school studies for military service. While most Israeli Jews are drafted soon after finishing high school, a select few are allowed to study for one more year, and in this year they are supposed to be indoctrinated to become better soldiers. Most mechinas boast of a high percentage of graduates who go on to become officers and serve longer than draftees. With one exception, all mechinas are religious, and are in fact a form of yeshiva. Mechina teachers are public employees who get their salaries from both the Education Ministry and the Defense Ministry. Mechina leaders often meet with senior officers, up to the Chief of Staff, and participate in high-level discussions about the level of religiosity of the army, particularly whether women may serve with men. The fact that the mechinas are producing a large number of motivated officers when most Israelis do not wish to become officers gives them unusual leverage with the high command – with the result that they are rarely, if ever, supervised.

This began to change over the last year. The Bnei David mechina, the first of them, has long been considered the flagship of the National Religious movement, and its leader, Rabbi Elli Saddan, even won the Israel Prize – the country’s highest civil honor – for his contribution to education. However, over the last year, several rabbis of the mechina – including Saddan himself – were caught on videos saying highly inflammatory things. The main targets of the mechina rabbis have been gays and women; the utterances were so inflammatory, as the rabbis exposed their misogyny and homophobia, that the Minister of Defense demanded at one point that one of the worst offenders, Saddan’s deputy Yigal Lewinstein, resign or the mechina will be sanctioned (Hebrew). Soon after, Lewinstein went on “vacation”, but the mechina insisted he was not fired (Hebrew).

As one scandal after another hit Bnei David, leftists have made it a habit to go over the mechina’s videoed lectures looking for bait. The Wallas quote is the latest prize. Most of the haul, however, dealt with misogyny and homophobia. This is one of the rare examples of what Bnei David rabbis think about Palestinians.

Now we need a crash course in Jewish [not Israeli] warfare law. It basically distinguishes between two sorts of wars: reshut (permitted) wars and mitzvah (ordained) wars. Kings are permitted to go on reshut wars if they so please, but such wars are handled under relatively humane laws. Mitzvah laws are a different concept entirely: they are holy wars, the enemy is considered to be the enemy of God, and, as Wallas says, “I am beholden to nothing.” The model is the extermination wars of the biblical Joshua. Most Halacha scholars are divided about what constitutes a mitzvah war, but they agree that wars to reconquer the Holy Land fit the bill – after all, they are modeled on Joshua’s.

There used to be a snag: Only a king could declare a mitzvah wars, and Judaism was not supposed to have a king until the messiah came. The National Religious movement made a leap of faith over this hurdle: it declared Israel to be “the beginning of the growth of our redemption” (a phrase recited every year in the Independence Day prayers), and treats the state as semi-holy, and one that may declare mitzvah wars.

And, at the end of the chain, we have a government-sponsored rabbi teaching children ardent for some desperate glory that legally they are permitted to order their soldiers to destroy, kill and cause to perish women, old men, and children. Yes, there is still a caveat: If Israel is to suffer because of international treaties, it shouldn’t be done.

But what if the time is right?

Technically, Rabbi Wallas is somewhat under military supervision. As his teachings – while essentially correct, alas – go directly against military law, one might expect he’d be removed, demoted or reprimanded. But, while Lewinstein was reprimanded for denigrating women soldiers, Wallas has less to fear. No one in the military command cares about rabbis rhapsodizing about genocide.

Notes
* Two prominent medieval glossa writers, Rabbi Moshe Ben Nachman and Rabbi Shlomo Yitzhaki
** A halachaic law permitting the harm, up to killing, of a person who is “persecuting” others and putting them in danger.
*** Jewish religious scholars of the High and Late Middle Ages period
**** Wallas is here quoting Haman’s order for the extermination of Jews, Esther 3:13.

Yossi Gurvitz is a journalist and a blogger, and has covered the occupation extensively.

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Not one Israeli soldier prosecuted for killing over 5,500 Palestinians in the last 15 years https://sabrangindia.in/not-one-israeli-soldier-prosecuted-killing-over-5500-palestinians-last-15-years/ Fri, 22 Apr 2016 07:44:34 +0000 http://localhost/sabrangv4/2016/04/22/not-one-israeli-soldier-prosecuted-killing-over-5500-palestinians-last-15-years/ [Israeli Defense Forces on patrol. (Photo: IDF)] Israeli soldiers are almost never prosecuted for killings in the occupied Palestinian territory, the Israeli human rights group Yesh Din said yesterday after finding over the past 15 years, no officers were indicted for murder, and only one soldier was convicted of homicide in the case of the killing of […]

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[Israeli Defense Forces on patrol. (Photo: IDF)]

Israeli soldiers are almost never prosecuted for killings in the occupied Palestinian territory, the Israeli human rights group Yesh Din said yesterday after finding over the past 15 years, no officers were indicted for murder, and only one soldier was convicted of homicide in the case of the killing of a foreign national.

No soldiers were charged with homicide in the slaying of Palestinians during the period of September 2000 to November 2015. In this time frame Israeli forces killed more than 5,500 Palestinians and ten foreign nationals in the West Bank, Gaza and East Jerusalem, according to the human rights group B’tselem (this figure excludes casualties from both the 2009 and 2014 wars in Gaza).

“The fact is that we see the cases and we see the statistics, and it just seems the army doesn’t know how to or doesn’t have the ability to investigate these cases property,” said Yesh Din spokesperson Gilad Grossman, “And I’m not sure they have the will to do it either.”

Yesh Din analyzed data released by Israeli’s military court and found investigations were opened into the killings of 262 cases since 2000, leading to the indictments of 22 soldiers, and the conviction of seven.

The Israeli military did not disclosed information on all of the incidents where soldiers were sentenced. Filling in the blanks on one of the two negligent homicide convictions, Yesh Din conducted an independent inquiry and found a staff sergeant identified as “M.M.” opened fire on Palestinian Udai Darwish, 21, as he attempted to cross into Israel near the Negev in 2013. Darwish did not pose any threat to M.M. at the time of his killing.

For Darwish’s death, the soldier served less than one year in prison.

Yesh Din said M.M. “was convicted on the basis of his own admission and sentenced to seven months’ imprisonment, a five-month suspended sentence, and demotion to the rank of sergeant.”

In a similar case where Yesh Din said two soldiers were indicted but not convicted of reckless behavior in 2013, Israeli forces killed Samir Awad, 16, from the West Bank town of Budrus. Awad was shot multiple times while caught between two army fences that comprise the wall separating the occupied Palestinian territory from Israel.

Awad’s killing was one of 22 cases profiled in Amnesty International’s 2013 report Trigger-happy: Israel’s use of excessive force in the West Bank. The year of his death marked an increase in the killings of Palestinian civilians, twice as many were slain that year than in the two years prior.

Amnesty International said in the report Awad’s shooting may have amounted to an “extrajudicial killing,” or a willful execution, which is considered a war crime under international law.
Amnesty International’s Philip Luther questioned the legality of the shooting.
“It’s hard to believe that an unarmed child could be perceived as posing imminent danger to a well-equipped soldier. Israeli forces appear in this and other cases to have recklessly fired bullets at the slightest appearance of a threat,” Luther said.

Witness Malik Murar, 16, and a friend of Awad told Amnesty International, “They shot him first in the leg, yet he managed to run away… how far can an injured child run? They could have easily arrested him… instead they shot him in the back with live ammunition.”

“The fact that they don’t indict on more severe charges—I’m not talking about murder, nobody has been charged with that,” Grossman said, “raises a lot of questions.”

The most serious conviction handed down was for the charge of homicide in the killing of a British citizen, Tom Hurndall, 22. Hurdnall was shot by an Israeli soldier in the head in 2003 while volunteering in Gaza. 
Grossman’s view is light sentences reflect a culture within military tribunals that sees these incidents not as “an extreme criminal case, but as a a mistake that happens during soldiers’ work.”

In other types of criminal offenses such as sexual abuse, Israeli military courts near a 50 percent rate of conviction.
 

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