Analysis from Israel

One of the worst things about many “human rights” organizations is the way they actually undermine some very fundamental human rights. A prime example is B’Tselem’s new report on Palestinian civilian deaths during this summer’s war in Gaza. Few people would disagree that the presumption of innocence is an important right, but when it comes to Israel, B’Tselem simply jettisons it. In fact, the group states with shocking explicitness that it considers Israel guilty until proven innocent.

Take, for instance, one incident the report discusses, an attack on the a-Dali building in Khan Yunis. B’Tselem doesn’t mention any combatants being present, but an alert Jerusalem Post reporter recalled that Amnesty International had identified one fatality as a combatant. He asked about this discrepancy, and here’s his account of B’Tselem’s response:

Without addressing the specific incident, a B’Tselem representative said there were cases where the group suspected that fighters may have been involved, but it was only reporting their involvement where the evidence was hard and clear.

In other words, if B’Tselem isn’t certain whether the victims were combatants or civilians, it lists them as civilians and then accuses Israel of war crimes. In fact, it does this even if it “suspects that fighters may have been involved.” In short, it presumes Israel’s guilt unless proven otherwise.

Moreover, the report stressed repeatedly that B’Tselem “has no way of knowing” why Israel struck any particular target, and evidently, it doesn’t care. But as NGO Monitor pointed out, the “why” is crucial: If, say, the building was used to store weapons or launch rockets at Israel, then it was a legitimate military target. Without knowing whether the building was targeted legitimately or indiscriminately, it’s impossible to accuse Israel of war crimes–unless, of course, you simply presume Israel’s guilt.

But B’Tselem goes beyond merely presuming Israel’s guilt; it also deliberately omits exculpatory evidence. Take, for instance, the attack on the Kaware home in Khan Yunis. As the report accurately says, the family left after receiving an IDF warning, but other civilians subsequently entered, and the IDF realized this too late to abort its strike. What B’Tselem left out, however, was that those civilians came deliberately to serve as human shields for the building, which the IDF claimed was a Hamas command center. The surviving Kawares said this explicitly, and several prominent media outlets reported it at the time. “Our neighbors came in to form a human shield,” Salah Kaware told the New York Times. Yet this all-important fact–that civilians had deliberately returned to serve as human shields, a development the IDF couldn’t have predicted–was simply omitted from the report.

The same goes for the bombing of Beit Lahiya. As the report correctly notes, the IDF warned residents to evacuate, and many did. But others stayed, and some were killed. B’Tselem blames the IDF for this, saying, “Many had nowhere to go, as the military was conducting strikes throughout the Gaza Strip.”

But Palestinian human-rights activist Bassem Eid offered a very different explanation in a lecture at last month’s Limmud conference in England. According to his sources in Gaza, armed Hamas gunmen arrived and warned that anyone who left town would be considered a collaborator. And Hamas, as is well known, executes collaborators. So faced with a choice of certain death at Hamas’s hands or possible death at the IDF’s hands, residents who encountered those gunmen returned home.

Perhaps B’Tselem truly didn’t know this–in which case either its research is shoddy or its sources in Gaza are unreliable. Or perhaps, as in the Kaware case, it deliberately omitted this information. But either way, the result is the same: B’Tselem blamed Israel for a crime actually committed by Hamas. Had Hamas not prevented the evacuation, those civilians wouldn’t have died.

The report did acknowledge that Hamas stored arms in civilian buildings, launched rockets from civilian areas, and otherwise violated international law; it even admitted that this made it “extremely challenging … to avoid harming civilians.” So how was Israel supposed to have surmounted this challenge? That’s not B’Tselem’s problem; it “does not purport to offer the Israeli government or the military any operative plans for conducting armed conflict in Gaza.”

In other words, it admits that preventing civilian casualties under these circumstances is nearly impossible, but declares that unless Israel can accomplish the impossible, it effectively has no right to defend its citizens against a terrorist organization. And self-defense may be an even more fundamental human right than the presumption of innocence.

But in B’Tselem’s view, evidently, Israelis have no rights. They are only and always guilty.

Originally published in Commentary on January 28, 2015

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The Red Cross Destroys the Laws of War

The International Committee of the Red Cross, self-appointed guardian of the laws of war, has embarked on an exciting new online project: destroying the very laws it ostensibly seeks to protect. Of course, the ICRC would put it differently; it would say it’s teaching the laws of war. The problem is that the “laws” it teaches aren’t the actual laws of war, as codified in international treaties, but a made-up version that effectively denies countries any right of self-defense against enemies that fight from positions inside civilian populations. And it is thereby teaching anyone unwilling to concede the right of self-defense that the laws of war should simply be ignored.

When Israel Hayom reported on the “Don’t Be Numb” project last week, it sounded so outrageous that I suspected reporter error. But the project’s website proved even worse.

The website has four sections – “behavior in war,” “medical mission,” “torture” and cultural property.” But the big problem is the first one, which consists of three questions users must answer correctly to receive a “medal of integrity.”

Question number one: “You’re a military commander. The enemy is hiding in a populated village across the front line. Can you attack?” The correct answer, according to the website, is “no.”

This is simply false. The laws of war do not grant immunity to enemy soldiers simply because they choose to hide among civilians, nor do they mandate avoiding any military action that might result in civilian casualties. They merely require that civilians not be deliberately targeted (the principle of distinction), that reasonable efforts be made to minimize civilian casualties, and that any such casualties not be disproportionate to the military benefit of the operation (the principle of proportionality).

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