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 U.S. Must Show Iranians That They Can’t Have It All

The fact that Iran’s anti-regime protests appear to have died down is not a reason to relax the pressure on Tehran. On the contrary, it’s a reason to increase it through serious sanctions on Iran’s ballistic missile program as well as its support for terror and regional aggression. The protests will only become a truly mass movement if enough Iranians come to realize what the protesters already have: Contrary to the promise held out by the nuclear deal, Iran can’t have it all. Terror and military aggression are incompatible with a thriving economy.

To understand why more pressure is needed, it’s worth revisiting a New York Times article from November that has been widely but somewhat unfairly derided. In it, reporter Thomas Erdbrink wrote that “The two most popular stars in Iran today—a country with thriving film, theater, and music industries—are not actors or singers but two establishment figures: Gen. Qassim Suleimani, the leader of Iran’s regional military effort, which is widely seen as a smashing success; and the foreign minister, Mohammad Javad Zarif, the symbol of a reasonable and measured Iran.”

The derision stems from the fact that the protesters assailed both Suleimani’s military adventurism and the government of which Zarif is a pillar, proving that neither is quite as popular as Erdbrink thought. Like many Westerners reporting from abroad, he committed the cardinal error of thinking that the fairly narrow circles he frequents represent the country as a whole. Yet within those circles, his analysis of the status of these two men appears to be accurate. That was made clear by the fact that Tehran’s educated middle classes, who formed the core of Iran’s 2009 protests, largely sat this round out.

And in truth, Suleimani and Zarif deserved star status. Together, they seemed to have severed the inverse relationship between military adventurism and economic wellbeing. Thanks to the nuclear deal Barack Obama signed with Iran in 2015, it seemed as if Iran really could have it all. It could maintain an active nuclear program (enriching uranium, conducting research and development, and replacing old, slow centrifuges with new ones that will make the enrichment process 20 times faster); expand its ballistic missile program; become a regional superpower with control, or at least major influence, over four nearby countries (Lebanon, Syria, Iraq and Yemen); and still receive sanctions relief worth billions of dollars and have European companies lining up to do business with it, resulting in booming 12 percent growth and plummeting inflation.

That’s precisely why this status was accorded equally to both the “moderate” Zarif and the “hardline” Suleimani, defying the “moderates versus hardliners” prism through which many Westerners misread Iran. Iranians understand quite well that “moderates” and “hardliners” are both part of the ayatollahs’ regime and, in this case, they worked together seamlessly to produce the best of all possible worlds.

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