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“SOLDIERS ARE CIVILIANS IN MILITARY UNIFORM, THEIR HUMAN DIGNITY AND LIFE WORTHY OF<br />

PROTECTION, TOO” - Prof. Asa Kasher, Laura Schwarz-Kipp Chair in Professional Ethics and Philosophy of Practice, Tel-Aviv University<br />

many Palestinians, he reminded that it is a defensive measure, not a missile<br />

or a 500 kilo bomb.<br />

Certain speakers spoke of the specifics of fighting terror on site. Col. John<br />

Chere Jr., army attaché at the US Embassy, Tel-Aviv, noted that soldiers<br />

engaged in Iraq are confronting brutal enemies. “We must avoid falling<br />

into the same trap they do. Legal and moral norms must be adopted as the<br />

basis of what separates us from them.” To Lt. Col. (Ret.) Daniel Beaudoin,<br />

Humanitarian Operations and Civil-Military advisor, Israel, the photos from<br />

the Gaza war are symptomatic of the difficulties in presenting the difficulties<br />

faced in confronting asymmetrical warfare. Mike Smith, describing the role<br />

of the unit under his direction, the Counter-Terrorism Committee Executive<br />

Directorate (CTED) of the United Nations, asserted that the UN has a part to<br />

play in this fight. Yet, “my unit can only work with cooperation and does not<br />

work as well when one member breaks the rules,” he said.<br />

Col. Bentzi Gruber, deputy commander of an IDF Reserve Armored<br />

Division, provided a front row perspective of the Gaza operation and the<br />

dilemmas involved in implementing ethics in the field when targeting<br />

ammunition warehouses and tunnels used for arms smuggling – all<br />

deliberately located within civilian centers. He provided documentation of<br />

detailed IDF procedures meant to avoid harming civilian noncombatants<br />

by warning Gazans of coming military actions. He shared equally detailed<br />

documentation of Hamas’ routine use of children as shields, videos<br />

showing Hamas fighters literally dragging them by their shirts to cross a<br />

street, as an example.<br />

60 < <strong>IDC</strong> Winter 2010<br />

Col. Bentzi Gruber, deputy commander<br />

of an IDF Reserve Armored Division,<br />

provided a front line perspective of the Gaza<br />

operation and the ethical dilemmas involved<br />

when targeting ammunition warehouses and<br />

smuggling tunnels – all deliberately located<br />

within civilian centers<br />

Alain Bauer, president, French Strategic<br />

Security Mission and co-founder, Defense<br />

and National Security Council (CDSN),<br />

France, noted that criminologists are neither<br />

policemen nor judges, but must try to<br />

understand what criminals and terrorists do<br />

REFRAMING THE ISSUE – LEGITIMACY OVER LEGALITY<br />

One tactic in facing these challenges, according to some of the speakers,<br />

is a dramatic reframing of the issue. Prof. Asa Kasher, Laura Schwarz-<br />

Kipp Chair in Professional Ethics and Philosophy of Practice, Tel-Aviv<br />

University, stated that the whole framing of the debate as between security<br />

and human rights is “utterly wrong.” Security has to do with protection<br />

of human life, he stated. And there is no human right more basic, more<br />

important or more sacred than protecting the human life of a citizen.<br />

Kasher pointed to the distinction between combatants and civilians in the<br />

Just War doctrine, stating that soldiers are “civilians in military uniform,<br />

their human dignity and life worthy of protection, too,” including when they<br />

deal with terrorists hiding behind innocent civilian non-combatants. “We<br />

need a good justification for jeopardizing the life of a human being, and<br />

Avi Dichter, former minister of Internal<br />

Security and former head of the I.S.A., with<br />

Institute supporter, Steven Stern<br />

Lt. Gen. (Ret.) Moshe Yaalon, deputy prime minister<br />

and minister of Strategic Affairs, having an in-depth<br />

conversation with Mr. Dan Meridor, deputy prime<br />

minister and minister of Intelligence and Atomic Energy<br />

“IT IS NOW THE WINNER WHO PAYS<br />

REPARATIONS, NOT THE LOSER, THE ENEMY<br />

THUS LOSING ITS INCENTIVE TO END ITS<br />

HOSTILITIES” - Dr. Daniel Pipes, director of the Middle East Forum;<br />

Taube Distinguished Visiting Fellow at the Hoover Institution<br />

that includes soldiers under a situation when the common practice of our<br />

enemies is to wage war within civilian settings. If we think about a major<br />

ingredient of democracy – protection of human dignity, for civilians and<br />

soldiers alike, we have the duty then to protect citizens of a democratic states<br />

waging war against it. Terror calls for a change in the parameters in order to<br />

remain a democracy of superb standards on the one hand and provide our<br />

citizens with an effective protection of our citizens on the other.”

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