New Israel Fund Statement

20th of July 2009

Israeli Soldiers Express Deep Concern Over Israeli Military Refusal to Investigate Substantiated Cases of Human Rights Violations during Operation Cast Lead

The 100-page report recently released by Breaking the Silence (BTS) presents accounts of human rights violations and infringements of human dignity committed under “permissive” informal rules of engagement by Israeli Defence Force members during Operation Cast Lead, the January 2009 Israeli military operation in Gaza.

BTS, a New Israel Fund grantee, has published IDF soldiers’ testimonials for several years. Their previous reports have been important in particularly maintaining a window on to the West Bank occupation and in allowing individual soldiers a secure outlet to express their concerns in regard to behaviour outside accepted military norms.

The accounts published in the latest report, as has always been BTS’s policy, are not publicly attributed to individually named soldiers. This is to protect the soldiers, who are currently either in regular army service or available for reserve duty, and to encourage them to speak honestly from within a culture of silence. The testimonies, many of which exposed incidents of improper conduct and insufficient accountability, clearly recognise the complexity of war and the demands placed upon soldiers in the field. They acknowledge the need to take immediate defensive action in life-threatening situations, understanding also that in times of war civilians will be killed unintentionally. They also discuss the rules of engagement and their enforcement - in some cases described as proper, in many others, lax. Concern is also expressed by some soldiers who witnessed vindictive and conscious violations of protocol by their comrades.

From the report: “The majority of the soldiers who spoke with us are still serving in their regular military units and turned to us in deep distress at the moral deterioration of the IDF. Although this publication does not claim to provide a broad, comprehensive review of all the soldiers and the units who carried out the operation, these narratives are enough to bring into question the credibility of the official IDF versions.”

Legitimate criticism and honesty in relation to the most regrettable truths is a mark not only of a genuinely democratic state, but also perhaps a most poignant show of integrity on the part of those brave enough to protect a much loved country while still admitting to unacceptable conduct. Many of the testimonies demonstrate painful self reflection as well as humanizing of the “other” in the most trying of situations.

From the report: “We believe that the existence of a moral society clearly requires a profound, honest discussion, of which the voice of soldiers on the ground is an inseparable part. That this voice was missing from public discourse around the fighting in Gaza obliged us to hasten publication of these testimonies them [sic]. Because of time pressure and the complex process of verifying the testimonies, we are not able to publish here all the materials in our possession.”

In March of this year, Israeli journalist Amos Harel quoted a story from 2004 (Haaretz, 02.03.2009) in which he told of two pessimistic observations about the long-term implications of the second Intifada. “I’m definitely worried”, said the first speaker. “Of course we’re paying the price for this war...the job of commanders is to protect the soldiers from their base instincts and to know and explain to them the proper rules of engagement. Our problem is that the soldiers don’t raise the problems during their service.” The second speaker joined in the concern. “My biggest fear”, he said, “ is about the loss of one’s humanity due to a lengthy war”. These words were not those of individuals who were seeking to undermine the State. The first speaker is a Minister in the Israeli government and former Chief of Staff Bugi Yaalon. The second is the current Chief of Staff, Gabby Ashkenazi.

The subsequent reactions to the BTS Report from both the Government and the IDF highlight the lack of an effective whistle blowing mechanism in which soldiers may report incidents without fear of recriminations, furthermore trusting that such reports will be properly investigated and appropriate action taken where necessary. Press exposures of incidents amongst US and British military in Iraq and Afghanistan were immediately followed by official denials of wrongdoing, but quickly resulted in a change in official processes and has led to a more open and appropriate readiness to formulate more acceptable rules of engagement and to ensure that breaches are officially investigated. NIF supports BTS is demanding that Israel demands nothing less.