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The Silence of the Jurists
One silence, of all the shameful silences, has thus far roared especially loud - the silence of the jurists. The 41,000 attorneys in the State of Israel are entrusted with protecting its image as a lawful state, and this large and grand army has once again strayed from its function. There is a deep suspicion throughout the world that Israel carried out a series of war crimes, and the jurists of our country are holding their peace.
Where, for instance, is Aharon Barak when we really need him? Where are his colleagues, the former justices of the Supreme Court, who knew very well how to raise their voices when Justice Minister Daniel Friedmann threatened to harm the apple of their eye, and who now hide in their cowardly silence?
Where is Mishael Cheshin, who threatened to cut off the hand of anyone who raises it against the Supreme Court no less, and now, with a heavy shadow being cast before us, does not say a word?
Do they not know that disproportionately harming a civilian population, supply convoys and medical crews, the use of white phosphorus in the midst of population centers and indiscriminate bombings are considered war crimes? What is their response to their enraged colleagues around the world? Are they convinced that Israel carried out these crimes or not? In both instances, their voice is vital and their silence is abominable.
This war nearly did not make it onto the agendas of a majority of jurists in Israel. One look at the (Hebrew) Web site of the Israel Bar Association shows that the latest issues with which it is preoccupied are "The reservist soldier and his rights," "Discounts and benefits for business owners in the south," "Payment of membership fees - now by way of the bar" and "Flower design, a fun-filled workshop for lawyers in the southern district."
Not one word about the issue of crimes. The Israel Bar cannot be bothered with it. With the exception of a few courageous lawyers, nobody is disturbed by the worrying legal aspects of the war. Hundreds of children killed are not a sufficient reason to cry out when one is busy with flower design.
There is only one group now preoccupied with the war: the members of the Israel Defense Forces international law division, who continue to serve their bosses with piercing obedience, legitimizing every criminal act. They have already stated, for instance, that the criminal bombardment of a police academy graduation ceremony is acceptable in the eyes of international law. They have also ruled that picking up the telephone and calling those whose house is about to be destroyed is sufficient to warrant this cruel form of collective punishment, which is also a war crime.
Now their commander, Col. Pnina Sharvit-Baruch, is about to join the staff of lecturers at Tel Aviv University's law faculty, where she will present her doctrine of "devious jurisprudence that permits mass killing," in the words of the jurist Professor Haim Ganz, to students who will be happy to hear that Israel's filthy hands are as clean as a baby's.
This is not a case of one lawyer-colonel's opinion, as the faculty heads demagogically claim, but her deeds. It is feared that she is an accomplice to the commission of war crimes and as such ought to be disqualified from teaching. Her addition to the faculty will serve as encouragement to those advocating an academic boycott against Israel. Her prospective students will continue to be educated according to the inglorious tradition of silence and legitimization: The jurists of Israel are always ready to keep quiet or legitimize any military operation. The judicial establishment has been enlisted, or to be more precise, has itself enlisted, and it has a hand in the act.
Whoever honestly followed the events of the war knows that the question is no longer whether crimes were committed, but who bears responsibility for them. Legal minds the world over are now diligently preparing legal cases detailing crimes allegedly committed, and only here the reactions range from silence to legal propaganda.
How do the most important jurists around the world see what our lawyers have hidden from view? Is there no unequivocal, universal law on the matter? Does Israel have its own standard? Can everything be legitimized? Can international law be twisted and distorted, covered up with a Band-Aid to the point where mass killing and destruction are given a stamp of justification by our leading light towers of justice? One can expect that of the brainwashed officers and soldiers, the media and public opinion, all of them who believe everything is permitted. But where for goodness sake are the defenders of the law?
We are left with a defense minister and a chief military rabbi who will hand down verdicts. Ehud Barak is calling for the liquidation of terrorists while they are in the bathroom, the chief military rabbinate is calling on soldiers to behave with cruelty. And the jurists? Don't disturb them during their moment of rest. They are now busy processing membership payments for the Israel Bar.
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23 Comments so far
Show AllA lawless client-state of a lawless empire has legal officials powerless to prevent its acting lawlessly. Quelle surprise!
Inter arma enim silent leges
"In times of war, the law falls silent."
In America, crack whores are more-admired than lawyers. I have no idea, what Gideon Levy is on about.
He's on about war crimes.
Something about lawyers and scruples, and public trust, I thought.
The National Lawyers Guild issued the following statement (in part):
"The Israeli government’s decision to punish Gaza’s civilian population, with all the human suffering that entails, constitutes State Terrorism against innocent people. Only when Israeli policy-makers are held accountable for their actions and international law is upheld will a just peace be possible in the Middle East".
http://www.nlg.org/news/index.php?entry=entry080123-090512
There is obviously international legal opinion about Israel's depradations in Gaza to which Israeli legal academics or lawyers can publicly disagree with or support, yet as Mr. Levy observes, there is silence.
IMO, the silence speaks for itself.
"Now their commander, Col. Pnina Sharvit-Baruch, is about to join the staff of lecturers at Tel Aviv University's law faculty, where she will present her doctrine of "devious jurisprudence that permits mass killing," in the words of the jurist Professor Haim Ganz, to students who will be happy to hear that Israel's filthy hands are as clean as a baby's."
devious jurisprudence? Eh...Yu tu Baruch?
"devious jurisprudence? Eh...Yu tu Baruch?" Don't you mean "Yoo" too?
If international law was applied correctly, all of Hamas would be in the Hague.
you are off your rockers aren't you? Apparently Olmert is protecting his soldiers from international law is because they were innocent? You are a clueless wonder from planet zion!
Can you not see your own bias?
If they are talking about war crimes for Israel - what about Hamas?!?
Off the hook.
They commit acts of terrorism, butcher civilians, and teach their children to murder Jews!
But you don't care, right? Hamas can do no wrong in the eyes of Israel-haters.
As Ehud Barak says: "If I was a Palestinian, I would be like Hamas, fighting the occupiers tooth and nails".
Now Hopeless, who is the occupier? And who is the occupied?
Are you a complete buffoon not able to see this? Or are you just state-sponsored terrorist sympathizer? Far more importantly, are you just a racist, a true anti-semite?
How am I "a racist, a true anti-semite?"
For crying out loud, I'm Jewish! Sheesh.
All I want is peace for Israel and peace for Palestine, a two state solution with sovereignty for the Palestinians and Jerusalem as Israel's capital.
My problem is mainly with Hamas (and Fatah), which you will defend no matter what.
How? When you condemn only the Palestinians (who are semites) you buffoon. I never defended anyone, but i will not call Hamas a terrorist organization. If you do that , you are a HYPOCRITE. And you do not know the history of the founding of Israel. I suggest you start with the Stern gang, Irgun, etc, etc...you idiotic,, brainwashed buffoon!!
Palestine is an occupied country, the have a legal right to fight the occupier by any means. I was hopping they could get better weapons to kill more of the zionists murders, and send them back to Eastern Europe where those Khazar's crawled out of.
Well, that was surely helpful "doctor".
Personally, i hope that everyone will evolve and find better and more creative ways to deal with all issues.
Of course i know you are no doctor...Hypocratic oath and all...
readytotransform, you endlessly defend the murderous Hamas. Yet when confronted with someone blatantly saying they want to murder Jews, you suddenly become squeamish. Perhaps you should rethink your advocacy for terrorist groups. The point of terrorism is to kill.
Then again, maybe you're starting to understand Israel's POV...
BTW, if you don't mind me asking, how old are you?
Pan
Must be related to Scalia friends.
The courts are intended to be servants of the constitution and laws, and not of politicians and their agendas. In the US the record has been mixed, but better than in Israel, the prototype national security state and model for neoconservatives. However, the relentless packing of the federal courts with right-wing judges doesn't augur well, and Obama's obeisances to the very conservatives who led us to so low an estate may well vitiate his ability to remedy our unbalanced judiciary.
You can say the same things about America and Iraq, the British and their former colonies. Israel, Britain and the US are joined at the hip under one system.
Morpheus to Neo: "The Matrix is a system, Neo, and that system is our enemy. When you are inside, you look around, what do you see? Businessmen, teachers, lawyers, carpenters, the very minds of the people we are trying to save. But until we do, these people are part of that system and that makes them our enemies. You have to understand most of these people are not ready to be unplugged. And many are so...hopelessly dependent on the system that they will fight to protect it."
The problem is us, or at least those who fight to protect this system with their denial of the truth and permit war crimes and torture under the pretense of security. It's like those who witness an assault or robbery on the street, and pull down the shades or look away. Same thing. Hitler said the Jews and Communists were a security threat and the German people let him do what he did to the Jews, because it was not them, and the economy improved as a result of his war time preparations. As long as they were safe, well, too bad about their neighbour, but life was better for them, so they kept silent. Didn't work out that well for them in the end.
Dear Patriots:
Israel AND AIPAC are terrorist organizations. AIPAC happens to be the political wing headquartered in the US.
Where are our "cajones?"
Peter Montana
What was Israel trying to accomplish with its recent military actions in Gaza? Was it successful?....What are the long-term consequences (worst case scenario) likey to be?..Did it anticipate the world-wide condemantion it received? It is hard to believe that Israel had its own best interests and certainly not those of the Palestinians in mind when it embarked on its supposed self-defense mission. If putting an end to Hamas missile firing into Israel was their rationale certainly there were less destructive options available...such as more cooperation with Mubarek in closing down the tunnels used as a supply route from Egypt. Given the $2 billion cost of rebuilding Gaza,...the financial cost of the war...the Israeli dead and injured...the human cost of the dead and wounded Palestinians...world-wide condemnation...and the further radicalization of Palestinians in Gaza and Muslims everywhere...and non-Muslim citizens world-wide..this war seems a waste of life and resources and a disgrace to the humanity Israel pretends to represent.
Israel is trying to achive the cessation of rocket attacks against Israel and the return of Gilad Shalit to Red Cross supervision, as required by the same international law that the pro-Arab side quacks about.
I see that it's difficult for you to understand that Jews object to being shot at and kidnapped. Try thinking of it as another unfathomable Jewish peculiarity. Perhaps that will help.