The recent refusal of 27 high-ranking Israeli Air Force officials to follow a superiors orders to attack Palestinian civilians is a significant rebuke to the Israeli government's policy of ``targeted liquidations.''

What makes the pilots decision particularly important is that their declaration of refusal was signed by one general, two colonels, nine lieutenant colonels, eight majors and seven captains. Their action not only underscores the illegality of Israeli policies on this issue but also questions the ''following orders'' argument as a justification for a crime.

The Air Force pilots decision follows a similar action by 500 ground troops -- ''refuseniks,'' who also refused to carry out military actions that would endanger the lives of innocent Palestinians. Dozens of bystanders have been killed by the pilots air strikes and hundreds by the Israeli army since the last intifada began in September 2000. During the ''extra-judicial'' execution of senior Hamas leader Sheik Salah Sehada on July 23 last year, 23 Palestinians were killed, including two entire families.

The pilots decision has been met with widespread repudiation by the Israeli army and government. Only nine of the signatories are currently on active duty. They were suspended by the Israeli Armed Forces chief, Maj. Gen. Dan Halutz, and will not be reinstated unless they recant in public. Defense Minister Shaul Mofaz said that the reasons behind the pilots refusal to fly over Palestinian territories were ``more political than moral.''

Even if one considers the action a political one, it will be difficult for the Israeli government to ignore the patriotism and love that the Israeli pilots have for their country. The most senior of the signatories is Major Gen. Yiftah Spector, a veteran Israeli pilot who participated in the 1973 Yom Kippur War -- a living legend and a role model for many Israelis.

The Israeli army establishment and government moved quickly to crush the pilots rebellion. Former President Ezer Weizman declared to Israel Army Radio: ''They should all clear out with their tails between their legs. It is like a cancer: It will spread if not cut off.'' As veteran Israeli pacifist Uri Avnery stated, ``The heroes of yesterday were turned overnight into enemies of the people.''

Human Rights Watch has strongly criticized the policy of ''targeted liquidations.'' As Hanny Megally, executive director of Middle East and North Africa Division, stated in a letter to former Prime Minister Ehud Barak, ``This is in essence a policy of killing without public accountability. The prime minister of Israel is effectively acting as prosecutor, judge and jury in a secret process where the death sentence cant be appealed.''

The Israeli army and government most likely will contain the protest erupting in its midst. But they may not be able to contain a discussion of the ''following orders'' or ''due obedience'' defense, according to which a soldier is exempted from guilt af ter committing an illegal act because he was following superiors orders.

This is an excuse that has been amply used by Argentine military officers following that countrys ''dirty war'' and recently annulled by the Argentine Congress. As the Nuremberg and Tokyo tribunals have shown, it is a defense that will not stand under international law as a justification for these types of crimes.

César Chelala is a free-lance writer in New York City who specializes in human-rights issues.

Copyright 1996-2003 Knight Ridder

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