Open Letter From a War Criminal

IDF reservist who served in Gaza war writes to person behind ‘list of war criminals’

by Yoav Keren

To be honest, I was a little insulted. I looked for myself on the list of 200 Operation Cast Lead war criminals published online last week but didn’t find what I was looking for. I performed almost a month of reserve duty during the operation, yet nothing; no mention. Not even a small one.

Even a low-ranking female soldier got to enter the list of war criminals, and was even graced with a Facebook photo in civilian clothing, engaged in yoga. Not to mention those pilots; finally we could see their faces (and also their addresses and military ID numbers)

As it turns out, the Israeli who produced the list – and there is almost no doubt it’s an Israeli, who is intimately familiar with the IDF – did not do a particularly thorough job. In any case, he missed me.

I served in the Gaza Division war room for 26 days and saw everything in real time. I saw how every time we had to curb Qassam fire from populated areas, officials considered it seven times and meticulously calculated the firing range and angle, as not to hurt civilians by mistake.

I also saw how, to be on the safe side, the army consulted with its legal advisor and with a representative of the Coordination and Liaison Administration who were regularly deployed in the war room.

I saw the great seriousness in addressing a water pipe that burst in Rafah, and the kind of effort invested in order to bring food into the Strip and allow ambulances to evacuate wounded Palestinians from the war zone.

I also participated in assessment sessions with the division commander; a major part of them pertained to humanitarian issues.

I walked around Sderot, which looked like a ghost town after sustaining dozens of Qassam rockets, and I also saw the Grad missiles making their way to Ashkelon without anybody being able to stop them. Believe me, it’s not a heart-warming sight.



I’m no longer afraid
In short, I was there, and according to the twisted standards of the various list producers this apparently turns me into a war criminal as well.

Here’s a small confession: In the wake of Operation Cast Lead, I was thinking of posting photographs from my reserve service on my Facebook page. I’m not talking about photos alongside Palestinian detainees, heaven forbid; just regular images of me sitting with the guys at the division’s canteen. I didn’t do it because I was afraid that one day, when I travel abroad, these photos may incriminate me.

Yet I’m no longer afraid, because I realized that I’m in good company. Not only the army chief and Southern Command chief and Air Force chief, but also anyone who serves in the IDF is by definition a war criminal apparently. And as any soldier who walks the streets in uniform may find himself in one blacklist or another, even if he serves as a cook in an Air Force munitions base, I have no reason to hide.

So for the benefit of the producer of the abovementioned list: My name is Yoav Keren, I’m a reserve major, and my personal ID number is 5030397. You can find out my address on your own. So the next time you update the list of war criminals, you can add me too. But if you use a photo from Facebook, at least make sure it’s a good one.





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Does Settlements Freeze Deal Make Sense?

Freeze debate should take into account some facts about settlements, US politics

by Yoram Ettinger








1. The complex nature of Jewish construction in the settlements:

* If Jewish construction in Judea and Samaria prejudges the outcome of negotiation, wouldn't Palestinian construction in Judea and Samaria have the same effect?!

* If the uprooting of Jewish communities advances peace, why would the uprooting of Arab communities undermine peace?!

* The call for uprooting Arabs is immoral; isn't the uprooting of Jews just as immoral?!

* If the 300,000 Jews, among 1.5 million Arabs, in Judea and Samaria constitute an obstacle to peace, how would one define the 1.5 million Arabs, among 6 million Jews, within pre-1967 Israel?!

* If Jewish settlements/communities in Judea and Samaria (established1967) constitute the obstacle to peace, why was the PLO established in 1964?! Why did anti-Jewish Palestinian terrorism flare up during the 1920s, 1930s and 1940s?! Why did the Arab-Israel wars erupt in1948/9, 1956 and 1967? Why did an unprecedented Palestinian terrorism surge follow the 1993 Oslo Accord and the 2005 uprooting of 25 Jewish communities in Gaza and Northern Samaria?!

* Past freezes, slowdowns and dismantling of Jewish construction in Judea and Samaria intensified pressure and exacerbated terrorism – what would be the impact of another freeze?!

2. White House promises, guarantees and commitments by US presidents are evasive and illusive:

They are replete with escape routes, ambiguity, non-automaticity, and always subject to US' – and not the recipient's – interests. Even the tightest US treaty – with NATO – allows the US to consider the activation of military force.

3. Precedents of US commitments raise doubts:

* The 1954 US-Taiwan defense treaty was concluded by President Eisenhower and terminated by President Carter in 1979.

* In 1957, Israel retreated from the Sinai Peninsula in exchange for President Eisenhower's Executive Agreement, which committed US military deployment should Egypt violate Sinai's demilitarization and blockade Eilat.

* In 1967, Egypt violated Sinai's demilitarization and blockaded Eilat, but President Johnson declared his predecessor's commitment non-binding.

* In 1975, President Ford sent an official letter to Prime Minister Rabin, declaring that the US shall give great weight to Israel's position that the Golan Heights should remain under Israel's control. In 1979, President Carter declared Ford's letter non-committal.

* In 1982, President Reagan stipulated – in order to overcome Congressional opposition – that the F-15s sold to Saudi Arabia would not be stationed in Tabuq, south of Eilat. In 2003, President Bush justified the Saudi deployment of the fighter planes to Tabuq by altered strategic regional circumstances.

* In 1991 President Bush promised Prime Minister Shamir – in return for Israeli restraint in face of Iraqi Scud missiles - to favorably consider granting Israel $10 billion loan guarantees for the absorption of one million Soviet Jews, and to dedicate 30% of the bombing in West Iraq to the destruction of the Scud launchers. Prime Minister Shamir kept his side of the bargain; President Bush did not!

* In 2000, President Clinton promised Israel $800 million for the retreat from Southern Lebanon, none of which has reached Israel.

4. An American president is not omnipotent, and Congress has the capabilities to enhance US-Israel cooperation:

An American president represents one third of the US government, equal in power to the other third, the US Congress. Unlike the Parliamentarian system, a US president does not determine the list of candidates to the Legislature, the identity of congressional leaders, nor the slate of legislation to be introduced in Congress. A president is constrained by a robust system of checks and balances and by a complete separation of powers between the Executive and the Legislature.

It was Congress – sometimes in defiance of presidents - which terminated US military involvement in Vietnam, Laos, Cambodia, Angola and Nicaragua, facilitated the Jewish Exodus from the USSR (the "Jackson-Vanik Amendment"), cut foreign aid to Turkey following the latter's invasion of Cyprus, accelerated the fall of South Africa's White Regime (overriding Reagan's veto), etc.

In 1991, Congress forced President Bush to transfer to Israel $700 million worth of military systems, in addition to a $650 million emergency grant and the refurbishing of the port of Haifa for the benefit of the Sixth Fleet.

5. Congress shares policy-making power, while possessing exclusive legislative power:

Congressional posture is bolstered during economic crises (e.g. currently) and presidential posture is enhanced during wartime.

In 1995 and 1999, Congress intended to force the president to transfer the US Embassy from Tel Aviv to Jerusalem, but Israel's prime ministers urged Congress to temper the legislation, thus dooming the effort.
In October 1998 – a few days before the convening of the Wye Plantation Conference – Democratic congressional leaders told Secretary of State Madeleine Albright: "When it comes to opposing pressure on Israel, we are with Newt (Gingrich)." However, an Israeli prime minister pulled the rug from under their feet….

The US Congress – equipped with the Power of the Purse – has the Constitutional capabilities to initiate, suspend, amend and rescind policies. Congress can direct presidents to exercise the veto power at the UN Security Council, supply Israel with vital military systems in face of mutual threats, etc.

Will Jerusalem learn from history by repeating – or by avoiding – critical errors?!





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