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Photo: IDF Spokesman's Office
IDF snipers on the Gaza border
Photo: IDF Spokesman's Office

Don't deter IDF soldiers from doing their duty

Op-ed: While investigating suspicions of unlawful use of weapons is vital, the IDF's Criminal Investigation Division might not be the most suitable body to do so, as it hurts soldiers' morale and can deter them from using their weapons when the need arises.

The decision to launch a probe by the IDF's Criminal Investigation Division into two shooting incidents that took place during clashes on the Gaza border is on the one hand the necessary decision, and on the other hand also very problematic.

 

 

We must not forget that these incidents took place during violent rioting that received the laundered name of "March of Return," under the cover of which terrorists in the strip tried to sabotage the border fence and other security measures, and at times also attempted to breach the fence and cross into Israel.

 

It was a very complex chain of events, which posed a difficult challenge for IDF soldiers to deal with precisely because of the problematic balance of power. The IDF is strong against any Palestinian rioting, wherever it may be, but its hands are tied, and that is a good thing. When a regular army finds itself in confrontation with a mob of terrorists as well as an unarmed civilian population, the military advantages become to a large extent a disadvantage when it comes to the freedom of operations it may employ.

 

IDF snipers on Gaza border (Photo: IDF Spokesperson's Unit)
IDF snipers on Gaza border (Photo: IDF Spokesperson's Unit)
 

There's no escaping the need to investigate incidents in which there's suspicion of the unlawful use of weapons and there are two reasons for this.

 

The first—the more obvious and important one—is the moral aspect. Unjustified shooting that leads to the loss of human life is wrong, not just legally but also morally.

 

A weapon is given to a soldier so he can defend himself, his friends, the citizens of Israel and the state's borders. It is not given to hurt everyone the soldier doesn't like. The moral justification of a "license to kill," which we as a society give our soldiers, is tied to the limitations we put on this license to kill, which prevent it from becoming a carte blanche to kill.

 

The second reason—which in Israel's current situation is no less critical—is the legal battles the state is fighting in the international arena. For years, Israel has been under an incessant legal attack by a variety of elements, both state actors and non-state actors. The international law arena has turned into a serious problem for Israel, which has long moved from the tactical level to the strategic one. It's common to think of this threat as mainly relating to the International Criminal Court (ICC) at The Hague. But the ICC is only part of the story, and not necessarily the main part.

 

Palestinian protester launches stones at IDF soldiers (Photo: AFP)
Palestinian protester launches stones at IDF soldiers (Photo: AFP)

 

A problem no less serious, and perhaps even more so, is the tendency of many countries in the West to give their investigative and judicial systems exterritorial authorities when it comes to fighting laws and the violation of them. In a global world like ours, this threat cannot be rejected with a dismissive shake of the head. If courts in Europe start issuing arrest warrants against IDF soldiers and officers—both senior and junior—Israel as a state will have a big problem.

 

The first way to block such a situation is, as previously mentioned, to conduct a real and thorough investigation into incidents suspected of including improper use of weapons that led to harm. If such cases are properly investigated in Israel, world nations will stick their noses into our affairs a lot less, just as they prefer we don't stick our noses into their affairs.

 

IDF snipers facing Palestinian protesters on Gaza border (Photo: AFP)
IDF snipers facing Palestinian protesters on Gaza border (Photo: AFP)

 

The problem is that these investigations have very problematic implications for IDF soldiers. A soldier returning from a CID questioning is half the man he used to be, and the investigation affects not just his own morale, but that of his entire unit as well. The unlawful use of a weapon is a source of great troubles, but avoiding using a weapon when it's needed is a source of equally great troubles and of a serious military and moral problem. The concern these investigations might deter soldiers from doing their duty cannot be dismissed.

 

There's a complex dilemma here that requires a gentle balance. It's not clear whether the CID's criminal investigation mechanism is even suitable to that end. There may be need to set up a different examination mechanism to look into suspicions of offenses committed during fighting. The obligation to investigate properly and the need to reach the truth must not impede on the IDF's ability to do its job.

 


פרסום ראשון: 08.22.18, 15:40
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