Israel’s War Against Palestine: Documenting the Military Occupation of Palestinian and Arab Lands

Human Rights

Consent and Advise

29 January 2009

On the first day of Operation Cast Lead, the air force bombed the graduation ceremony of a police course, killing dozens of policemen. Months earlier, an operational and legal controversy was already swirling around the planned attack. According to a military source who was involved in the planning, bombing the site of the ceremony was authorized with no difficulty, but questions were raised about the intent to strike at the graduates of the course. Military Intelligence, convinced the attack was justified, pressed for its implementation. Representatives of the international law division (ILD) in the Military Advocate General’s Office at first objected, fearing a possible violation of international law.

Over the course of several months, the operational echelons, particularly Military Intelligence, kept up the pressure on the army’s legal staff. In the end, ILD authorized the air strike as it was carried out. The “incrimination” of the policemen (that is, justifying an attack on them) was based on their categorization as a resistance force in the event of an Israeli incursion into the Gaza Strip; not on information about any of them as individuals.

Yet there are some who still want it both ways. To kill and destroy indiscriminately and also to come out looking good, with a clean conscience. To go ahead with war crimes without any sense of the heavy guilt that should accompany them. It takes some nerve. Anyone who justifies this war also justifies all its crimes.

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