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December 9, 2016 / 9 Kislev, 5777

Posts Tagged ‘IDF Central Command’

Former Deputy Chief of Staff: Every Day Sgt. Azaria Is on Trial Damages the IDF

Monday, September 19th, 2016

Former Deputy Chief of Staff Gen (Res.) Uzi Dayan, who at one point was head of the IDF Central Command and is a nephew of the late Moshe Dayan, told a military court in Jaffa on Monday it should not have been involved in the case of shooting medic Sgt. Elor Azaria in the first place.

“I don’t know if the soldier sinned or not,” Gen. Dayan, a witness for the defense, stressed. “I’m concerned about the soldiers on the ground. Every such [court trial] day is causing more damage to the IDF.” He then turned to the judges and said, “It’s still not too late to reach a plea bargain, the damage to the Army is enormous.”

Gen. Dayan testified that, in his opinion, “every terrorist has a death sentence on his head, regardless of whether or not they pose a risk at the moment.”

The man who commanded the Hebron region at one point and served as National Security Advisor to the Prime Minister, said there should not have been a military police investigation of the case, nor a consequent involvement of the military prosecution, and certainly no trial. He also told the court that in his entire career he never permitted the military police to investigate an operational event.

“The military police does not have the tools needed to investigate operational events,” Gen. Dayan told the panel of three military judges. “It’s a shame that instead of using the tool of an investigating committee, they rolled it straight to the criminal arena. If a warrior makes a mistake, we don’t roll it over to the criminal realm, unless an insidious motive is involved.”

When the prosecutor asked if the rules of engagement don’t forbid killing a terrorist simply because he is a terrorist, Gen. Dayan responded, “This is patently wrong. What’s relevant are the mission instructions. I ordered to kill terrorists simply because they were terrorists, regardless of whether they endangered or didn’t endanger. … Terrorists must be killed. Is it under any condition? No, that’s true. But as to the question of whether terrorists should be killed, the answer is yes.”

At the end of his testimony, Gen. Dayan told the judges, “Many eyes are trained on you. The issue is under an unprecedented public debate, which means that your decision bears an enormous significance.”

Gen. (Res.) Dan Biton, who also testified for the defense, warned the court in a written affidavit that “there was a command failure on the part of the brigade commander, battalion commander and company commander.” He added, “In my opinion the company commander was in a trauma as a result of the shooting. This case represents a fault line. A wrong decision would lead to a situation whereby every soldier would be afraid to open fire to save a life.”

JNi.Media

Military Court of Appeals Critical of Administrative Restrictions of Jews without Hearings

Tuesday, August 2nd, 2016

The President of the Military Court of Appeals, Judge Col. Netanel Benisho, leveled sharp criticism at the IDF Central Command for issuing dozens of administrative restriction orders against Jews over the past year.

In July, Judge Col. Benisho ruled on an appeal filed by legal aid society Honenu Attorney Menasheh Yado regarding an administrative restrictive order served by the GOC of the Central Command against a Jewish youth residing at Givat Baladim, a hilltop community adjacent to Kochav HaShahar in the Binyamin region. The youth was banned from entering Judea and Samaria, except for Kiryat Arba, which meant he was prevented from tending his flock which he keeps in the area of Kochav HaShahar. The duration of the order was extended after it had expired once, which was the reason for the appeal.

More than 50 administrative restriction orders were issued by the GOC of the Central and Home Front Commands over the past year against Jewish youths.

Judge Col. Benisho accepted Yado’s argument that the Central Command systematically withholds the right to a hearing before serving the administrative orders against Jewish subjects, and called on the authorities to make sure that the right to a hearing is observed.

The right to a hearing is granted by law and may be revoked only under unusual circumstances, when an individual poses an immediate danger. Attorney Yado argued that the unusual had become the rule and the Central Command admitted that not one of the Jews who had been served with an administrative order over the past few years had received the opportunity of a hearing before the order was served, including in cases of extending an existing order.

Judge Col. Benisho wrote in his decision that “the commanding officer must be conscientious in granting [detainees] the opportunity to plead their case, prior to serving them with restriction orders, unless there is significant cause to grant this right only after the order has been served. … Closely adhering to the above-mentioned guidelines is especially advisable when dealing with the extension of an order, as it is in this case. In such situations it is reasonable to assume that the suspicions raised by the representative of the commanding officer are weaker. Therefore it is expected that there must be even more diligence in correctly implementing the right to appeal.”

Judge Col. Benisho also called on lawmakers to require mandatory appearance in court in every case of an administrative restriction order, as is currently done in the case of an administrative detention order: a deliberation must be held within 24 hours at a district court.

The judge also recommended to the Knesset: “It would be proper for lawmakers to institute a mandatory judicial review similar to the one existing concerning administrative detention orders.”

Judge Col. Benisho also ruled that, after “lengthy consideration,” the order currently being appealed will not be canceled, due to confidential information provided by the Shabak. However, he also demanded that in order to extend the order again, the army and the ISA must present “intelligence information which fundamentally alters the evaluation of dangerousness,” or there must be “a fundamental change in the security situation of the district.”

Honenu Attorney Yado said in a statement: “This is the first step in limiting the discretion of a GOC in issuing [administrative restriction] orders. We have no doubt that many of the orders are disproportionate and will not stand the test of a [trial in civilian court]. Concerning the procedure, the court reminded the GOC that young residents of Judea and Samaria also have legal rights to a court deliberation, and compelled the GOC to hold hearings prior to serving [administrative restriction] orders, something which the GOC, contrary to the requirement of the law, had systematically neglected over the past year.”

JNi.Media

Police Arrest Pregnant Yitzhar Woman for Inciting Against IDF Soldiers

Wednesday, May 7th, 2014

In the hours before dawn on Wednesday, Israel Police awakened and arrested an eight-month pregnant woman in Yitzhar on suspicion of incitement to violence against security forces.

The woman, age 22, had allegedly advocated throwing rocks at Jews “even if the rock causes the death of a soldier” during discussions in an online Yitzhar residents’ email forum called “Yitzharniks.”

A second, 17-year-old resident also commented there is “no halachic problem in killing a soldier during a nighttime eviction” since according to halacha (Jewish law) one may kill anyone breaking and entering, thus posing a possible threat to life.

The conversation containing the incriminating comments was apparently forwarded to police and IDF Central Command by one of the participants, according to a report published by the Hebrew daily Yediot Acharanot.

The newspaper also interviewed the young woman’s mother, who commented, “The young generation is tired of walking around crouched and afraid. My daughter told me in conversation that just like Arab women walk around freely in Israel, there’s no reason that a Jewish women shouldn’t be able to as well… My daughter isn’t stupid. She’ll take responsibility for what she wrote even if she’s wrong.”

The opinion is not unanimous, however, despite a violent incident last month in which residents expressed anger at the demolition of buildings near the outskirts of the Jewish community, located in Samaria (Shomron).

“We have denounced this kind of talk in the past and will do so in future as well,” Yitzhar community spokesperson Ezri Tuvi told media in a statement. “This involves a minor and a woman whose emotions caused their tongues to slip and who already retracted their words.

“On the other hand, we demand the media fully denounce all talk of violence and incitement to hatred and physical harm against the settler public.”

Leftist Yesh Atid chairman and Finance Minister Yair Lapid responded that “Words easily turn into deeds. Some of Yitzhar’s residents have already proven that they have no limits or red lines. A threat to harm IDF soldiers is an action against the state’s sovereignty and against a hallowed basic value of the State of Israel.”

Jewish Press Staff

Settlers Cancel Event with IDF Commander to Protest Pro-Arab Stance

Monday, May 6th, 2013

The stabbing murder of Eviatar Borowski at Tapuach junction in Samaria has brought to a head the bitter relationship between local Jewish residents and the head of the IDF Central Command Major General Nitzan Alon. The Jewish residents blame Maj. Gen. Alon’s policy of containing Arab violence combined with zero tolerance of suspected Jewish violence for the deterioration of security under his command.

According to Hakol Hayehudi, many residents and public officials in Judea and Samaria have been calling recently for the dismissal of Maj. Gen. Alon, because of the worst security situation in the area since Operation Defensive Shield a decade ago.

Eviatar Borowski’s widow also published a letter saying Alon is “heartless” and calling for his dismissal.

Maj. Gen. Alon’s ties with Israel’s extreme left are considered among the strongest in the IDF top echelon. His wife, Mor Alon, is a known supporter of “Machsom Watch” which documents the activities of IDF soldiers at checkpoints in Judea and Samaria.

For some reason, the leaders of the town of Beit El picked a time when public uproar against Alon is gaining momentum to embrace the IDF commander and invite him to be the guest of honor in the main event of Jerusalem Day, at a local synagogue.

The invitation, sent out before the murder, dismayed many local residents. But in recent days the grumbling has grown into loud protest, and on Sunday residents hung fliers around town protesting Alon’s invitation.

“Inviting someone like Nitzan Alon to the town of Beit El of all places, and on the day of the liberation of Jerusalem and Judea and Samaria, is an insult to a substantial portion of the population,” the flyer, distributed to community mailboxes, declared. “We ask that you act to revoke his participation as a guest of honor at the prayer ceremony.”

The flyer contains outrageous quotes by Alon, like his statement after the murder of the Fogel family, when he said it was “a price tag price tag,” referring to the campaign by some Jews to impose a cost in loss of property to Arab hostilities.

It appears that the protest, which was joined by many Beit El residents, including public figures and rabbis, left an impression. On Sunday, the Beit El leadership informed Maj. Gen. Nitzan Alon that he was no longer welcome.

Yori Yanover

Printed from: http://www.jewishpress.com/news/breaking-news/settlers-cancel-event-with-idf-commander-to-protest-pro-arab-stance/2013/05/06/

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