Credible Accusations in Gaza

Accusations of IDF callousness toward civilians have more credibility than before, for a simple reason: they are coming from IDF soldiers.

New accusations have emerged in Israel of the IDF recklessly disregarding civilian lives and coming close to targeting them:

When asked why that elderly woman was killed, a squad commander was quoted as saying: “What’s great about Gaza — you see a person on a path, he doesn’t have to be armed, you can simply shoot him. In our case it was an old woman on whom I did not see any weapon when I looked. The order was to take down the person, this woman, the minute you see her. There are always warnings, there is always the saying, ‘Maybe he’s a terrorist.’ What I felt was, there was a lot of thirst for blood.”

It seems to me these accusations are credible, for one simple reason: we didn’t hear them at all during Operation Defensive Shield in 2002 or the Lebanon War in 2006. Right after Jenin, Israel faced all kinds of accusations of massacres from the usual suspects, and none of them turned out to be true.

This is different. It’s coming from Israeli soldiers:

Amir Marmor, a 33-year-old history graduate student in Jerusalem and a military reservist, said in an interview with The New York Times that he was stunned to discover the way civilian casualties were discussed in training discussions before his tank unit entered Gaza in January. “Shoot and don’t worry about the consequences,” was the message from the top commanders, he said. Speaking of a lieutenant colonel who briefed the troops, Mr. Marmor said, “His whole demeanor was extremely gung ho. This is very, very different from my usual experience. I have been doing reserve duty for 12 years, and it was always an issue how to avoid causing civilian injuries. He said in this operation we are not taking any chances. Morality aside, we have to do our job. We will cry about it later.”

Even assuming these charges are true, we don’t know how extensive they are. One crime is too many, but the incidents may be isolated. Israeli newspapers promised more such accounts, but have specifically declined to say how many there are.

That said, it represents a very disturbing trend, the military equivalent of Avigdor Lieberman’s rise. Andrew Sullivan says that this means Israel is being “cheneyed.” I wish that were true, because it suggests that it derives from US influence. Instead, it may reflect a downward moral spiral in Israeli culture — one that cannot be changed by a new US President. Sullivan notes wisely that “war crimes happen in every war – and that the way to judge a society is how it handles such things.” Somehow, a Netanyahu-Lieberman government doesn’t make me very hopeful.

Author: Jonathan Zasloff

Jonathan Zasloff teaches Torts, Land Use, Environmental Law, Comparative Urban Planning Law, Legal History, and Public Policy Clinic - Land Use, the Environment and Local Government. He grew up and still lives in the San Fernando Valley, about which he remains immensely proud (to the mystification of his friends and colleagues). After graduating from Yale Law School, and while clerking for a federal appeals court judge in Boston, he decided to return to Los Angeles shortly after the January 1994 Northridge earthquake, reasoning that he would gladly risk tremors in order to avoid the average New England wind chill temperature of negative 55 degrees. Professor Zasloff has a keen interest in world politics; he holds a PhD in the history of American foreign policy from Harvard and an M.Phil. in International Relations from Cambridge University. Much of his recent work concerns the influence of lawyers and legalism in US external relations, and has published articles on these subjects in the New York University Law Review and the Yale Law Journal. More generally, his recent interests focus on the response of public institutions to social problems, and the role of ideology in framing policy responses. Professor Zasloff has long been active in state and local politics and policy. He recently co-authored an article discussing the relationship of Proposition 13 (California's landmark tax limitation initiative) and school finance reform, and served for several years as a senior policy advisor to the Speaker of California Assembly. His practice background reflects these interests: for two years, he represented welfare recipients attempting to obtain child care benefits and microbusinesses in low income areas. He then practiced for two more years at one of Los Angeles' leading public interest environmental and land use firms, challenging poorly planned development and working to expand the network of the city's urban park system. He currently serves as a member of the boards of the Santa Monica Mountains Conservancy (a state agency charged with purchasing and protecting open space), the Los Angeles Center for Law and Justice (the leading legal service firm for low-income clients in east Los Angeles), and Friends of Israel's Environment. Professor Zasloff's other major activity consists in explaining the Triangle Offense to his very patient wife, Kathy.