GUIDE BOOK
For new recruits
WAR CRIMES
May 2006
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Maj. Gen. (Res.) Doron Almog hiding in an airplane on arrival in the UK to
avoid arrest, charges filed in the US against Avi Dichter, (head of Israel’s Gen
Security Service, ‘Shabak’) and those against Lt. Gen. (Res.) Moshe (Boogie)
Yaalon (Israel’s retired Chief of General Staff) as well as the Army’s Chief
Prosecutor’s recommendation to Brig. Gen. Avi Kochavi to avoid entering the
UK - these incidents indicate that Israel’s Army officers and soldiers are no
longer automatically immune from prosecution outside Israel.
Initiation of legal proceedings abroad and the associated, justified, concern of
many senior army officers over travel to Europe and the US, are only one
aspect of the issue. The other aspect is what are you going to do in such a
case.
REFUSING TO CLOSE EYES
Our ‘temporary’ occupation of the territories has been going on now for nearly
40 years and the harsh repression of Palestinians in the territories continues
under the guise of our disengagement from the Gaza Strip and the relative lull
in the armed struggle. Millions of Palestinians in the occupied territories,
unable to move from place to place, are subject to the caprice of the
occupying army and ruthless settlers. In the West Bank there are now new
generations of Palestinians who have never in their lifetimes experienced
normal human rights or even a free day. War crimes continue to take place
incessantly in the territories and Israeli settlements continue to expand.
ALL THAT’S BEING DONE IN OUR NAME
Not only does the occupation hurt Palestinians; it morally destroys us and our
fellow citizens in Israeli society It erodes social solidarity ties and harms
particularly the weaker sectors of our society. Funds required to strengthen
these sectors are invested instead in extension of the occupation.
INTERNATIONAL WAR LAW
Contrary to common belief, wars and armed campaigns in general take place
within a legal framework specifying rules of engagement and limits of
permissible actions in battlefields. Nations uphold International Law by
means of international covenants and customs. It sets limits on the use of
military force and specifies which actions are considered ‘legal’ and which are
not. The Army (of every nation that has ratified the International Law Codex),
its officer corps and combatants, are subject to International Law and
obligated to abide thereby.
International Military Law (also known as ‘International Humanitarian Law’)
deals with a variety of combat situations and associated problems. For
example: a The conditions under which a state (or combat force) is allowed to
use force; what are ‘attackable’ targets, what targets should be immune from
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attack, what types of armament are legitimate and which not; how enemy
combatants are to be treated and how civilians in occupied areas are to be
treated.
International War Law addresses each of these issues and the Law has to be
obeyed by army commanders and soldiers. If not, they risk committing war
crimes.
THE PRINCIPLES OF DISTINCTION AND OF PROPORTIONALITY
Two prime principles included in International War Law are the ‘Principle of
Distinction’ and the ‘Principle of Proportionality’.
The ‘Principle of Distinction’ defines the obligation to distinguish between
combatants (who are considered legitimate, attackable, targets) and civilians
that are not legitimate targets. Attacking the latter is a war crime, except if the
attack is carried out for self-defense.
The same principle also distinguishes between military installations (e.g.
military bases, arms-manufacturing installations, ammunition dumps, etc.) and
civilian installations (e.g. schools, hospitals, government offices, etc.),
prohibiting attacks against the latter.
The Principle of Distinction requires anyone engaged directly or indirectly in
combat (Army officers and soldiers, and civilians issuing orders to military
commanders) to distinguish between combatants and civilians.
The ‘Principle of Proportionality’ states that an attack against any ‘legitimate’
target (as defined above) may still be considered illegitimate, and prohibited, if
the attack might result in disproportionate damages to non-legitimate targets.
For example, bombing a school to hit an adversary combatant hiding there
would clearly be disproportionate and forbidden as it would threaten the lives
of children in that school. Similarly, using a one-ton bomb to hit one adversary
combatant in a residential building in a densely built-up area is
disproportionate and prohibited because it would result in massive civilian
casualties.
The ’ Principle of Proportionality’ requires that in order to qualify as a
‘legitimate’ military action, military advantage(s) of the action must outweigh
damages incurred by civilians
Based on this principle, International Law imposed restrictions on the use of
armaments. For example: the use of ‘firecracker’ artillery shells (exploding
above ground and spreading exploding steel balls) and of ‘flanchette’ artillery
shells (that effectively kill anyone within a specified radius) are forbidden
because these weapons can not be aimed accurately enough to avoid hitting
uninvolved civilians.
INTERNATIONAL CRIMINAL LAW
An international legal process that eventually led to codification of an
International Criminal Law and the establishment of legal institutions that
would try and punish international criminals, commenced pursuant to an
assessment of the huge numbers of military and civilian casualties caused by
World War One (WWI). The process was intensified after WWII, upon
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discovering the extent of atrocities committed by Nazis on even larger
numbers of civilians in occupied areas.
The resultant international law addresses several crimes such as crimes
against humanity and genocide. Combatants that violate international war
laws are war criminals.
Two types of courts were authorized to try international criminals:
international courts, and national courts.
International courts are those established by international organizations, such
as the UN. Accordingly, two international courts were established in the 1990s
to try war criminals in states separated from Yugoslavia (Serbia, Croatia), and
those who committed genocide in Rwanda. These courts, which are still
functioning, are not part of any national court system. Its judges hail from
various countries and are appointed by, and function under, the auspices of
the UN.
An International Criminal Court (ICC) was established in 1998 under the
Rome Convention. Unlike the two other international courts whose terms
restricted their jurisdiction to ex Yugoslavia and Rwanda respectively, the
ICC’s jurisdiction is unlimited. The court is currently located at The Hague.
National courts have been authorized, and even required, to try international
criminals in order to avoid their respective countries being used as havens.
Several Western European countries have already amended their laws
accordingly, authorizing their courts to try suspected war criminals and those
suspected of crimes against humanity, even though the suspects may not
have been citizens of these countries and the suspected crimes had not
necessarily been committed within their territories. Thus, despite the fact that
there is no direct linkage between a country and suspected/committed crimes,
the country’s courts are authorized to try the cases because such crimes are
considered crimes against humanity as a whole. Consequently an
Argentinean, suspected of having committed crimes against humanity in
Argentina, may be tried in Spain, while a suspect of committing genocide in
Rwanda may be tried in Belgium. For the same reason, an Israeli, suspected
of having committed war crimes, may be tried in the UK, France or elsewhere.
Violation of International Humanitarian Law may be considered a war
crime. Any soldier serving in the IDF, like a soldier serving in the Armed
Forces of any other country, has to obey International Law. Otherwise,
his actions, in addition to being morally shameful, may incriminate him
in war crimes and lead to his trial by national courts in other countries
or by international courts.
OCCUPATION REGULATIONS
Occupation regulations constitute a branch of combat regulations within a
broader field of international war regulations, which control actions of armed
forces within occupied areas. Occupation regulations provide specific
protection against assault upon civilians under occupation of a foreign army
and impose numerous obligations upon occupying armed forces. These
armed forces are obligated, inter alia, to protect the lives, dignity and well-
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being of the occupied population. The occupying armed forces are forbidden
to damage or destroy property, homes or land belonging to the occupied
population, except in rare cases when damage or destruction of property is
unavoidable due to military needs. In any case confiscation of property is
forbidden. In other words, occupying armed forces are responsible for the
protection of the occupied population and its basic rights.
WHAT, THEN, IS ALLOWED AND WHAT IS FORBIDDEN
In this booklet we cannot describe all acts prohibited under International Law,
and, likewise, we cannot examine and comment on every possible military
action the army may take or every military policy the army may impose.
However, every soldier serving in a civilian area is obligated to refrain from
assaulting civilians, even if they are not citizens of his country. During
occupation, soldiers are obligated to protect civilians and ensure their safety.
Most existing war regulations are included in the 1907 Hague Convention on
Land Warfare, and in the 1949 Fourth Geneva Convention concerning
protection of civilians during warfare. The conventions may be viewed on
‘Yesh Gvul’s’ website. www.yeshgvul.org
MILITARY SERVICE IN THE OCCUPIED TERRITORIES?
The most democratic action today is to refuse to take part in repressing others
and committing crimes against humanity, because such refusal would deny
the State the possibility of committing explicit undemocratic acts. Because
refusal can potentially influence decision makers, it is a conscientious step
with clear political implications. There are numerous testimonies to the fact
that during the past years, growing waves of resistance to participation in
oppressive acts in the occupied territories influenced Sharon’s decision to
withdraw from Gaza (e.g. Sharon’s advisor Dov Weisglass’ statement in an
interview to ‘Haaretz’ on Oct.8, 2004).
To refuse to take part in war crimes and oppression is more relevant now than
ever. It does, however, imply conscientious and social discipline. Keep in mind
that an increase in the number of people refusing to participate in the
occupation will accelerate our withdrawal from Itamar, Yitzhar and Ariel, and
the removal of Kahana disciples from Hebron and Kiryat Arba.
Several thousand recruits, inductees, regular and reserve male and female
soldiers have refused to participate in oppressing the population of the
occupied territories during the past years. We will continue supporting all
citizens refusing to take part in the occupation, some of whom are paying
dearly for their conscientious refusal by being jailed.
You have to decide whether or not to refuse, and the decision has to be taken
by each and every one individually. Should you however decide to refuse
serving the occupation, you will find our support, advice and assistance.
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Our HOT LINE for inductees and soldiers:
02- 625- 0271
To contact us, for additional information on war crimes, for details of various
activities, for signing a petition on refusing to serve and for donations, enter
our website at
www.yeshgvul.org.il
Yesh Gvul, P.O.Box 6953, Jerusalem 91068
IT IS IN OUR POWER TO END THE
OCCUPATION !
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