Opinion  Others
‘Mother procedure’ needed
Daniel Friedman
Published: 20.10.05, 12:08
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18 Talkbacks for this article
1. This is so sickening!
Lois D. ,   Baltimore,Md.   (10.20.05)
Every crime the Israeli military commits is somehow turned around to make it appear as though Israel is doing a great service to the Palestinians. I have never seen such a cruel and inhuman army. At least thankfully for those have the moral conscience for refusing to serve in such an army.
2. Lois #1
Yonatan ,   Knoxville, USA   (10.20.05)
Lois, you've made it very clear you know NOTHING about the IDF. Having been in the Middle East for almost a decade, I can say from experience they are one of the most moral military forces I have ever seen. How much time have you spent there? Or are you just watching the news on TV? Everyone knows how un biased our American media is...NOT!
3. HA!
J K ,   NYC, USA   (10.20.05)
Yeah, right, Israeli crimes. I am sure if the PA did their job and asked him to surrender, he would have, nicely. Or if the Israeli police came and asked him nicely he would have. Cruel and inhuman would be to forget about trying to arrest him. This guy was involved in terror attacks and you want nicey nicey? At least they asked him to come out first instead of merely demolishing the building wthout giving him a chance to give himself up. The army could have continued, eventually burying him, but let his mother who came there to talk sense into her boy have a go. And he came out in the end, unhurt. Of course the terror attack that preceeded this arrest has no bearing on the Palestinian crimes you choose to ignore. People shoot, they get arrested. Does it work differently in Baltimore? And before you tell me about knocking down buildings, your garden variety shooter in Baltimore doesnt have bomb belts or access to C4.
4. Let it go.
James J. Koumos ,   Leesville, LA, USA   (10.20.05)
Yes, maybe "by the book" it was a violation, but I feel because of the circumstances I feel they shouldn't make an issue out of this. They should just let it go. [J.J.K.]
5. #1
gm ,   south africa   (10.20.05)
The israeli army is probably one of the most humane armies in the world. It is the people they are fighting that are inhumane. I think you have been reading some palestinian propoganda to come the conclusion you have. I think you are one of those ignorant Americans voicing your opinion on a matter where you don't have all the facts, but think you know because maybe you can make your argument sound intelligent. You would sound more intelligent if you spoke with facts and had some knowledge of the history of the region.
6. to lois from Judea
gadi   (10.20.05)
First of all you say you have never known an army that is more inhumane? you must be on drugs. Under what are you speaking of? Are you comparing it to Saddam's army who slaughtered 100's of thousands, or are you speaking of Stalins army, hitlers, the Sudanese, The Syrians, Iranians...I can go on and on. The fact that Israel is a democratic country leads to this even being a discussion. When have you seen a case in Saudi arabia looking at the human rights aspects of torture in their prisons? Now you answer me this question, a few years ago after changing policy Israeli troops, per capita, suffered from the most head wounds then any other army...why? Because, and listen up really well, as the army goes to a suspected Terrorists home to arrest them they stuck their heads in the windows to ensure that no women and children were present before throwing a flash granage in the home to stun the suspect and arrest him. So why the head wounds you ask? Because they would be shot at by these "suspects". Lois, leave this anti Israel BS in the bathroom where it belongs and open your eyes to truth. Remember, ignorance is a short cut to thinking....
7. friedman's logic
AB ,   New York, NYC   (10.20.05)
Friedman is completely misreading the logic of the court's decision. The Court said (according to his quote) that the IDF can never _ask_ a Palestinian to do anything under such circumstances, it never says that Palestinians can never initiate. The mother who allegedly called on her son to surrender did not "renounce" any of her rights, she simply chose not to exercise them. Friedman doesn't seem to understand the difference between the two. This whole article just seems like a lame attempt to undermine the _one_ time in recent history where the Court has really outlawed an IDF practice that violated international law. When it comes to torture, house demolitions, the wall, etc. the Court has always legitimized violations of international law, even while forcing the IDF to make minor adjustments.
8. Who will be responsible?
ilan ,   Ariel   (10.20.05)
Eventually the IDF will announce by megaphone for a terrorist to leave and when no leaves they will bring down the building. And if with the terrorist there are children who will be responsible? Is the IDF required to risk soldiers lives or will it instead risk Palestinian civilian lives? The HCJ can provide protection to the children of it's judges and to non-combatant civilians so it will be our children who will be put at risk.
9. To No. 2
Lois D. ,   Baltimore, Md.   (10.21.05)
Excuse me but the news media here leaves everyone to believe that the Israeli military is the most moral and humane army in the world., and yes, you are absolutely corrrect...it is...however, they are only humane and moral to Jews only. That is what you omitted. And yes, I have lived in Israel, and I have seen with my own eyes how Palestinians are treated and dehumanized collectively only because they are Palestinians.
10. Your reasoning is not sound
(10.21.05)
The Chief Justice said: "The validity of consent is conditioned on it being given out of one’s free will. When a local resident is asked by a military commander, accompanied by armed forces, to assist in an operation against a population he is a part of, then even if this is done for a desired end, he has no real choice to refuse the request, and therefore such consent is no consent.” (apologies for the cut and paste) This means that the consent is not independant or free, but rather coercion based or forced under duress, and this duress is what makes the consent invalid. The issue is not the consent itself but rather the circumstances under which it is given and the state of mind of the person consenting as well as the actions of the person asking for the consent. If the consent cannot be said to arise as the result of the free independent will of the person then their may be an element of coercion or duress, or at the least some sort of undue influence. What the mother did in this instance does qualify as ''consent''. She was not coerced to speak to her son. She did so of her own free will. At no time prior to her asking the soldiers to use their megaphone did the soldiers have any contact with her in any shape or form. Likewise, until that point, she had made no effort to contact them. Her action was therefore in accordance with his Honours ruling.
11. Sorry Lois, with all due respect...
Yonatan ,   Knoxville, USA   (10.21.05)
I don't buy it. I told you I don't pay any attention to our news media. Especially since they made us look like we were just out slaughtering Iraqi "soldiers" on the road back to Basra. Our news media never showed the horrors they commited against the Kuwaiti people, but they were very happy to make us look like rabid killers. The U.S. media will twist any story to ensure ratings, and it always does. I said these were things I saw with my own eyes over a period of years. Maybe you saw some small incident. I have the greatest respect for the IDF and the way they operate. I have seen many instances of IDF soldiers standing over a Palestinian trying to protect him, and this jerk was just hurling rocks at them. Have you asked yourself why these Palestinians came in contact with the IDF in the first place? Why were they singles out by an army? There must be some reason they brought attention to themselves. Anyway, I'm retired military, and a Gulf war vet...I think the IDF deserves the greatest respect.
12. Palestinians humiliated because they are Palestinians?
daniel ,   holland   (10.21.05)
Funny, I seem to get the impression we are tough on the Pals because they have the tendancy to self-detonate in our public transportation and restaurants. Do you know that the folks in Bali after the suicide attacks went marching down the street shouting 'kill kill kill'? Do you know they stormed the prison where terrorists were being held? They wanna lynch them. They wanted their blood. And those are Hindu's! Not Israeli's. We don't go marching down the street demanding Palestinians to be executed. But it seems to be a universal reaction to dislike the folks who want to kill you. Not because they are Palestinians but because they randomly murder innocent civilians. Do you get it? Do you finally get it? Or are you really that stupid?
13. To No. 12
Lois D. ,   Baltimore, Md./USA   (10.22.05)
Palestinians are collectively punished as an entire society of people only because they are Palestinians which is reflected through Israel's dual system of law in the occupied territories, one for Jewish settlers and the other for Christian and Muslim Palestinians which is outright apartheid and racism, or do you condone laws that target a person's identity? For your information also, the first suicide bombing occurred in 1994. What was Israel's excuse for its repression and barbaric policies towards the Palestinians up until that point. Try to find a good excuse. Palestinians can be abused, humiliated, their property destroyed and killed indiscriminately, but obviously, this is of no importance to anyone because they are so dehumanized that no one cares. Hmmm. no marching through the streets....what happened when hundreds of Israeli Jews went on a rampage on the evening of Yom Kippor a few years ago chanting kill all the Arabs. Nothing happened to them, but 13 Palestinian Arabs all citizens of Israel were killed in Nazareth for defending themselves and their homes. No marches in the occupied territories, but plenty of graffiti that says "Arabs to the gas chambers" and "expel the Arabs." Heavens forbid if that grafitti read differently..The whole world would hear about it. The Israeli government is not anxious to clean it up. Why should they? Public policy anyway is to speak about Arabs as demographic threats, public polls are held as to how people feel about transferring them elsewhere... Heavens forbid if that referred to Jews anywhere else. Now perhaps you may get it...although I doubt it...but I won't drop to your level by calling you names such as "stupid." You should really find a better way of expressing yourself. Many thanks to some of the decent Israelis who are of good moral conscience, although not too many.
14. Lois
Sarah ,   Crossville, USA   (10.22.05)
Only an insane person would think like you Lois. But..... NEVER FEAR! I have contacted the little men in white coats and they will be there shortly to transport you to your new home. There you will be given medication to help with your delusions and perhaps even sedated so that you cannot hurt yourself or anyone else.
15. Yonatan
Sarah ,   Crossville, USA   (10.22.05)
AMEN! There is no sense arguing with an idiot, as someone may happen by and not be able to tell the difference between the two of you. *smiles*
16. Truth is stranger than fiction
Lois D. ,   Baltimore, Md.   (10.22.05)
What I have said are based entirely on facts, that are even well-known and well-documented through Israel's own human rights groups. Try to educate yourselves a bit.
17. to Louis
(10.22.05)
try educate yourself a bit on American human rights abuses that are happening every single day in afganistan and iraq. once you have fixed your own problems then by all means you can dictate to others
18. What ignorance...
Michael Steiner ,   Praha, EU   (10.23.05)
A mother came of her own volition to the soldiers; she had not been asked or coerced to do so. That very well constitutes consent, per the Court's decision. The Court was dealing with the despicable tactic of enlisting a civilian neighbor of the target property to enter the premises on his/her own or in front of the khayalim in order to bring about the suspect's surrender. Such MO is clearly reprehensible and the Court did well to outlaw it.
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