(Fwd) Moral duty to refuse to be part - COs testify in court

[Gush Shalom (Israeli Peace Bloc)]

Yesterday, in the Jaffa Military Court three more "occupation refusers" 
testified - and put the occupation on trial. 

------- Forwarded message follows -------
From:           	"Anat Matar" <matar at post.tau.ac.il>
Date sent:      	Tue, 15 Jul 2003 14:25:23 +0300
Subject:        	[parents] Refuseniks' trial, 14 July 2003

Press Release: Draft Resisters Parent’s Forum

July 15, 2003–07–15

[òáøéú òì ôé á÷ùä]

Speaking Truth to Power:

An Ode to Humanism in the Testimony of Young Israelis Refusing to Join an 
Army of Occupation

Despite the fact that the date was chosen arbitrarily, the deliberations 
that took place in the Jaffa military courtroom are a tribute to Bastille 
Day.  In the framework of the trial of the five draft resisters who are 
refusing to join the IDF because their conscience does not 
permit them to serve in an army of occupation, the court heard the testimony of Shimri 
Tsameret, Adam Maor and Noam Bahat. (The other two, Haggai Matar and Matan 
Kaminer testified in a previous session). The values of freedom, equality and solidarity 
were woven into the testimony of the three. The courtroom was packed with supporters, 
including  Israel Prize laureates Shulamit Aloni and Professor Dan Meron.

The trial began with the testimony of Col. Noam Burstein, who heads the Conscript 
Division in the Mobilization Base.  In this capacity Burstein was responsible for the 
repeated sentencing of the conscientious objectors. In the cross examination by Adv. 
Dov Khinin, the defendents’ attorney, Burstein admitted that he had never seen any 
official order or regulation dealing with conscientious objectors and that he does not know 
of any such official procedure, despite the fact the during the period that he holds his 
position, he was personally responsible for sending tens of conscientious objectors to 
prison. Burstein admitted that he had never been present in any briefing on the subject of 
conscientious refusers and that he had never received any tools from the IDF to deal with 
the subject.  He explained that the method of dealing with refusenicks is a “mixture of 
personal discussions and prison sentences”, which often convinces the refusenick to 
change his mind and agree to be mobilized. 

After this, the court continued to hear the testimony of Shimri Tsameret.  In the first part 
of his testimony on June 24, 2003 Shimri began to explain the motives for his 
conscientious refusal.  He concentrated on the tremendous damage done to Israeli 
society by the endless occupation. Previously he talked about the damage from terror 
acts, the psychological harm to soldiers serving in the occupation and the seepage of 
corrupt norms into Israeli society. “ I believe that the war we are engaged in,” he said, 
“could be avoided and only  political egoism  as well as errors of judgment prevent the 
public and its leaders from being stopped. This is a war of choice and not necessity and 
its victims are unnecessary. “     

Shimri gave examples of a list of subjects that vanish from the public’s agenda because 
of the ‘security situation.’ Among other matters, he cited social problems, economic 
polarization, ecological issues, and discrimination between different groups. This 
distorted public agenda, totally determined by the occupation and problems stemming 
from it, leads to the loss of faith of the public in its leaders and to the degeneration of the 
media. and the deterioration of Israeli democracy.  During the testimony, the prosecution 
staff was augmented by General Enat Ron, head of the army prosecutor’s office.  By 
chance, a few minutes after her appearance, Shimri cited her as being responsible for 
denials and whitewashing in the case of the death of a child, Khalil el Morabi.  He 
expressed sorrow over the lack of any media coverage in this affair as a symptom of the 
very same moral degradation which he reviewed.

Shimri concluded his testimony with a number of personal experiences, some of which 
were based on participation in the activities of women from MachsomWatch (Checkpoint 
Watch) and other events regarding his family history.  In citing the conclusion of the play 
“Ashkavah” (Requiem) by Hanoch Levin, he explained the individual’s commitment to 
assume personal responsibility and to shape his own life and the life of the society in 
which he lives.  “It is forbidden to give up on the dream”, he said.  “It is the refusal to give 
up on my hopes and my dreams – which has motivated me in my decision to refuse.”

Adam Maor testified after him.  Adam spoke of a number of cases which typified the evils 
of the occupation and the critical role of the IDF in enforcing these evils.  It was like that 
in the Kfar Yanoun affair, as well as the Southern area of the Hebron hills.  “Any person 
who saw or heard about what happened in Yanoun would be shocked.  Every sane 
person would understand that Avery Ron, the settler, is the leader of all of the activity in 
the area and is a terrorist, and even a model of terrorism.  But I want to stress at this 
point that my wrath is not directed at the settler, Avery Ron and his gang.  Religious and 
nationalist fanaticism and severe manifestations of racism such as these are things that 
have happened all over the world and in every period.  Many groups, including the Jewish 
people, have suffered such pogroms.  The question is, in my mind, what does the sane 
majority do in such cases.  Of course, if Avery and his gang would come to my house 
and rob me, no one would permit this to go on for two hours, or more than once.  Of 
course, if the Yanoun residents would enter a settlement, the army would respond with 
speed.  But when Avery and his gang torment Palestinians they enjoy immunity if not full 
cooperation.  The sane majority in this case does not stop the terrorists, it finances 
them, defends them and cooperates with them.  Thus, people who have nothing in 
common with these fanatics, defend them, discriminate between them and their victims, 
and implement many of the deeds that the IDF performs to advance the criminal 
settlement project such as the annexation of land from Palestinians for military purposes, 
so as to build new settlements and the like.  When the IDF becomes a tool in the hands 
of fanatics, all its soldiers, either as a result of a lack of understanding or simply not 
caring, become fanatics themselves.”

Adam talked about his meeting with Brian Avery and his sincere admiration for  the 
International Solidarity Movement volunteer who was seriously wounded when he tried to 
defend Palestinians in Jenin.  He concluded his testimony by telling of his love for music 
and how this guides him in his refusal to deny a normal life from the Palestinian 
population.  “If you participate in the occupation you become responsible for it, 
responsible for the immoral acts perpetrated in the territories and responsible for the 
terrorist actions.”
 
Noam Bahat testified after him.  His testimony was devoted mainly to his role as an 
educator and the deep contradictions that he discovered between the educational system 
which disseminates “occupation values” and between his understanding of morality.  In 
cases where the law harms the interest of the weak, physically and spiritually, violates 
their freedom, discriminates against them, renders them illegitimate or denies them 
freedom of expression or freedom of conscience or other freedoms anchored in basic 
freedoms, I consider it my civil and moral duty to violate the law.  You can try other 
things, but if they are not successful you cannot allow the law to eliminate people’s basic 
rights."

Noam analyzed the values inculcated in Israeli youth via the educational system and 
discussed his efforts as a youth leader to change this reality.  He also discussed the 
way he was exposed to the level of crime perpetrated by Israel against the Palestinians.  
He expressed amazement over how very few, the number of people who know about 
these tensions.  He determined “that everything that appears evil is indeed evil, but 
people refuse to understand that they are Goliath and want to see themselves as David, 
small, weak, heroic and wise.  In truth we are just another country exploiting and 
tormenting the Palestinian people and workers almost to the point of slavery.  In the face 
of this reality,” testified Noam, he feels that he "must refuse to join the IDF".

The date of the continuation of the trial is yet to be determined.

Checks earmarked for "legal aid" to New Profile, POB 6187 Ramat HaSharon 47271