If one had to conduct a comparativestudy of Israel’s conduct in armed conflictwith other Western countries likethe USA <strong>and</strong> the UK, never mind Russia,Georgia, Sri Lanka, Yemen, Saudi Arabia<strong>and</strong> many others, Israel will come outway ahead.We are the only country in the worldwhere the courts closely supervise theLt-Col. (Res.) David Benjamin, Adv. is anInternational Law Consultant <strong>and</strong> specialist inthe Law of Armed Conflict <strong>and</strong> Counter-Terrorism.Born in South Africa he immigrated with hisparents to Israel in 1989. His father, Rabbi Myer(Sonny) Benjamin served as the rabbi of TempleIsrael in Wynberg.He holds a Master’s Degree in Law from Tel AvivUniversity (TAU) as well as Bachelors’ degrees inPolitical Studies <strong>and</strong> Law from the Universityof Cape Town.He retired from <strong>full</strong>-time active service inFebruary 2009 after 17 years in the IDF MilitaryAdvocate-General’s Corps.A much sought-after speaker, Lt-Col. Benjaminhas lectured extensively <strong>and</strong> has frequently beencalled upon to brief diplomats, politicians, militaryleaders, journalists, academics, foreign representatives<strong>and</strong> international organizations onissues of International Law as they pertain toIsrael. Benjamin is married with three children<strong>and</strong> resides in Modi’in.34activities of the military.Practically anybody — anindividual Palestinian or aHuman Rights organisation— can petition our SupremeCourt against any act by themilitary. This is unheard ofelsewhere in the world.?What about the USAor the UK?It is unthinkable for a citizenin Iraq to file a petitionto a court in the UK relatingto some military action.In the USA, it was only recentlythat the Supreme Court began lookingat Guantanamo - until then, no court inthe USA would look at issues of militaryactivity carried on outside the bordersof the country. Israel is the only countrywhose Supreme Court is prepared totake on these issues.You have to know that the accountabilityof our military is probably thehighest in the world, because everycomm<strong>and</strong>er knows that his every decisionis potentially re<strong>view</strong>able by theSupreme Court.?How does this assertion hold upto Cast Lead?The Goldstone Report is derogatoryabout our internal investigations; “Itdoes not meet international st<strong>and</strong>ards,”it says. I agree! The international st<strong>and</strong>ardsare lower than ours.?What’s your position on theGoldstone Report?One should be open to hearing testimonyrecording the destruction <strong>and</strong> suffering.It covered an armed conflict <strong>and</strong>armed conflicts are about suffering <strong>and</strong>destruction. The Goldstone commissionis right to say it should be investigated,but we knew this already. We are investigatingas this is a requirement of ourown laws <strong>and</strong> st<strong>and</strong>ards.While about half of the nearly 600 pagereport deals with the Gaza operation, thebalance amounts to little more than padding.It’s about the “wider context” <strong>and</strong>“Israel’s human rights abuses” generally- in short, the Palestinian narrative, onesided,rehashed, cut-<strong>and</strong>-pasted <strong>and</strong> contrivedto make Israel look bad. The factthat the report accuses us of systematically<strong>and</strong> deliberately targeting civiliansis outrageous <strong>and</strong> is not supported by thefacts. The Commission’s methodology ofhearing testimony, <strong>view</strong>ing damage <strong>and</strong>then deducing, based on the professionalismof the IDF, that the damage was theresult of an intentional assault on civiliantargets is not only shoddy reasoning– it is an affront to the truth.?On a personal level, how did you dealwith the media coverage in SouthAfrica? Did you feel in any danger?I was invited to South Africa to talkat the Limmud Conferences in the threemajor cities. My subject was internationallaw <strong>and</strong> Israel <strong>and</strong> specifically, Gaza,where I had been the legal advisor tothe IDF until 2005.Inside the lecture halls it was fine - theatmosphere was cordial. The problemwas outside. It all started a week beforeLimmud; I was in Plettenberg Bay <strong>and</strong>received a call from one of the Limmudorganisers, who said, “Don’t panic, butlook at page two of the Sunday Times.”It was a surreal feeling opening the paper,while relaxing on holiday with one’sfamily, to suddenly read about this warcriminal <strong>and</strong> discovering that it’s youthey are writing about.The last few days in Johannesburg becameugly; there were demonstrationsoutside but I was well looked after bythe local security. On the other h<strong>and</strong>,I was so warmly received by membersof the Jewish community that this morethan compensated for the unpleasantnesscaused by those out to get me.?Are you planning return visits toSouth Africa?I don’t have any immediate plans to experienceSouth Africa’s arresting beauty!
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