Friday, January 9, 2009

Israeli Soldiers' Duty to Prevent the Commission of War Crimes

Press Release

Journalist Shraga Elam calls upon the Israeli Attorney-General to reject the complaint, filed by the radical, right-wing group "Legal Forum for the Land of Israel," asking to prosecute an Israeli attorney on charges of incitement to rebellion for his legal opinion stating that Israeli soldiers have a duty to actively prevent the commission of war crimes in Gaza. This complaint is devoid of any legal basis, and is a malicious attempt to silence a legitimate, legal opinion ensuring compliance with international law. 

"While this warmongering organization is busy intimidating and harassing using threats and baseless accusations, I support the effort to save the lives of thousands of civilians, both Israeli and Palestinian," states Shraga Elam. "I call on Israeli soldiers to obey international law and Israeli law which prohibit violations of the laws of war and international humanitarian law. Israeli soldiers must prevent the commission of war crimes because it is their legal and moral obligation to do so."

Dozens of human rights organizations worldwide, including Amnesty International and Human Rights Watch, have accused Israeli civilian and military leaders of prima facie war crimes. Even Israeli human rights groups called for an investigation into whether Israeli soldiers had committed war crimes in Gaza. The Israeli army's indiscriminate bombing of residential neighborhoods, hospitals, clinics, police and fire stations, and civil administration buildings and the mass killing of civilians may constitute war crimes in many countries in Europe, and even "rank-and-file soldiers" may be prosecuted. Indeed, these actions may be prosecuted in any country, such as the United States, which applies the doctrine of universal jurisdiction.

The Attorney and I proposed a lawful and moral solution to Israeli soldiers who are concerned about being held accountable for war crimes - they should actively refuse to commit war crimes.

We note that that our appeal to prevent war crimes is supported by huan rights activists from all over the world, among them many Jews, including Meir Margalit, a former member of the Jerusalem city council, Geri Mueller, the chairman of the Foreign Affairs Committee of the Swiss Parliament, and thousands of individuals and organizations who have signed the following calls to Israeli soldiers:

1. Jews Call on Israeli Soldiers to Stop War Crimes

1 comment:

  1. I find the valuable information is provided by you about to the crises of the countries through wars.I think the war is a very worst thing for any country.In this way the country came into big loss,his economy have most horrible from this tragedy.