The Almighty Military Order

 - by Sam Bahour - 29th October, 2016
Originally published at ePalestine.
If your Palestinian neighbors and friends seem slightly on edge today, please excuse them. October 29th brings back horrific memories to Palestinians everywhere, young and old. It was 60 years ago today that a scene of cold-blooded murder fell upon the hill-top Palestinian village of Kafr Qassem (also written Kfar Kassim), located in Israel about 20 km east of Tel Aviv, near the Green Line (1949 Armistice Agreement’s demarcation line) separating Israel and the West Bank. It was in Kafr Qassem on this day in 1956 where the Israeli military literally mowed down in cold blood 48 innocent civilians, one being a pregnant woman whose fetus is counted as the 49th victim. It was said that all of this was done in the service of the almighty Israeli “military order,” which no one dared to challenge.

Sixty years is a long time to mourn a death, even a cold-blooded murder. It is even longer when you must live amongst those, and within the system of those, who were the murderers of your loved ones. If this was merely an isolated incident of the Israeli military machine killing Palestinians, one may have already regulated it to the history books, but it was not and is not.

Prior to this massacre there were others, such as the well-known case of Deir Yassin in 1948. And ever since that dark day in Kafr Qassem there have been numerous other incidents, too many to list. One that comes to mind is 13-year old Iman al-Homs who, in October 2004, was walking home from school in Gaza when an Israeli soldier emptied his magazine into her after she was wounded and lay on the ground. The solider was caught on radio communications saying he was “confirming the kill.” The most recent example that comes to mind is the Israeli solider caught on camera in Hebron this past March as he executed a wounded and immobilized Palestinian man lying on the ground by firing a bullet into his head as his fellow soldiers casually watched on.

Unlike today, decades ago, Israel did undertake more serious investigations of actions of its military. This is not to say that justice was ever served, it rarely is. Such a landmark investigation was the Israeli Kahan Commission, established by the Israeli government on September 28, 1982, to investigate the Sabra and Shatila massacre (September 16–18, 1982) where 1,000-3,000 (exact number is disputed) Palestinians were slaughtered over three days. The Kahan Commission was chaired by the Israeli President of the Supreme Court, Yitzhak Kahan. Its other two members were Israeli Supreme Court Judge Aharon Barak and Major general (res.) Yona Efrat. The Israeli Defense Minister Ariel Sharon was found to bear personal responsibility. Sharon's negligence in protecting the civilian population of Beirut, which had come under Israeli control, resulted in a recommendation that Sharon be dismissed as Defense Minister. Although Sharon grudgingly resigned as Defense Minister, he remained in the Cabinet as a Minister without Portfolio. Years later, Sharon would be elected Israel's Prime Minister.

Back to the Kafr Qassem case.

The Israeli English newspaper, Haaretz, reported in a story by correspondent Ofer Aderet (60 years after massacre, Kafr Qasem doesn’t want an apology from the Israeli government, October 28, 2016) that, “In the 60 years since the [Kafr Qasem] carnage Israel’s attitude has been complicated. Those involved in it were court martialed, convicted and some sentenced at first to long prison terms [these “long terms” were less than what the law stipulated for premeditated murder]. [Israeli] Judge Benjamin Halevy coined the phrase “a blatantly illegal order” in his verdict. The instruction to Israel Defense Forces soldiers that they are obliged to refuse an order “that has a black flag flying over it” has become part of the Kafr Qasem legacy.”

The Haaretz story goes on, “But the convicted parties’ sentence was soon commuted by the chief of staff, they were pardoned by the president and released from jail. The most senior defendant, Col. Issachar Shadmi, commander of the brigade in charge of the area, was sentenced to a symbolic fine of 10 pennies for exceeding authority. Major Shmuel Malinki, commander of the Border Patrol battalion, testified at the trial that Shadmi had ordered him to enforce the curfew with gunshots. Asked what would happen to those who return to the village after the curfew, Kedmi said Shadmi had said “may God have mercy on their soul.””

And maybe most shocking of all coming from an Israeli newspaper is that, “The comparison between the Kafr Qasem massacre and the Holocaust was first made at the trial, when the [Israeli] judge asked one of the defendants if he would have justified a Nazi soldier who was obeying orders.” The Haaretz correspondent continues, “In 1986, 30 years after the massacre, Shalom Ofer, one of the convicted soldiers, said in an interview to Ha’ir: “We were like the Germans. They stopped trucks, took the Jews off and shot them. What we did is the same. We were obeying orders like a German soldier during the war, when he was ordered to slaughter Jews.””

Many, especially those in the Jewish community in Israel and abroad, will rightfully find the above words hard to swallow. I don’t blame them. This horrendous act was revolting and when undertaken in “your” name it makes one sick to their stomach. But the above notions are only a glimpse of the legal proceedings around Kafr Qassem. One of the first to document the Israeli court proceedings which tried the Kafr Qassem murderers was the landmark book entitled The Arabs in Israel by Attorney Sabri Jiryis first published in Haifa in Hebrew in 1966. A fuller account of what was testified and recorded by those Israeli commanders and soldiers who took part in this killing spree are printed here [with the author’s permission] in English. Warning: it’s a disturbing read.

And this, my friends, is the buried past, and not so buried present, of the Israeli Defense Forces (IDF), “the most moral army in the world.” It is imperative that we all redouble our efforts to not make it their future as well, military order or not.
_____
Sam Bahour is a policy adviser to Al-Shabaka, the Palestinian Policy Network
 Chairman of Americans for a Vibrant Palestinian Economy
Co-editor of HOMELAND: Oral History of Palestine and Palestinians (Olive Branch Press). 
He blogs at www.epalestine.com. @SamBahour

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