The IDC

The IDC The IDC

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“SOLDIERS ARE CIVILIANS IN MILITARY UNIFORM, THEIR HUMAN DIGNITY AND LIFE WORTHY OF PROTECTION, TOO” - Prof. Asa Kasher, Laura Schwarz-Kipp Chair in Professional Ethics and Philosophy of Practice, Tel-Aviv University many Palestinians, he reminded that it is a defensive measure, not a missile or a 500 kilo bomb. Certain speakers spoke of the specifics of fighting terror on site. Col. John Chere Jr., army attaché at the US Embassy, Tel-Aviv, noted that soldiers engaged in Iraq are confronting brutal enemies. “We must avoid falling into the same trap they do. Legal and moral norms must be adopted as the basis of what separates us from them.” To Lt. Col. (Ret.) Daniel Beaudoin, Humanitarian Operations and Civil-Military advisor, Israel, the photos from the Gaza war are symptomatic of the difficulties in presenting the difficulties faced in confronting asymmetrical warfare. Mike Smith, describing the role of the unit under his direction, the Counter-Terrorism Committee Executive Directorate (CTED) of the United Nations, asserted that the UN has a part to play in this fight. Yet, “my unit can only work with cooperation and does not work as well when one member breaks the rules,” he said. Col. Bentzi Gruber, deputy commander of an IDF Reserve Armored Division, provided a front row perspective of the Gaza operation and the dilemmas involved in implementing ethics in the field when targeting ammunition warehouses and tunnels used for arms smuggling – all deliberately located within civilian centers. He provided documentation of detailed IDF procedures meant to avoid harming civilian noncombatants by warning Gazans of coming military actions. He shared equally detailed documentation of Hamas’ routine use of children as shields, videos showing Hamas fighters literally dragging them by their shirts to cross a street, as an example. 60 < IDC Winter 2010 Col. Bentzi Gruber, deputy commander of an IDF Reserve Armored Division, provided a front line perspective of the Gaza operation and the ethical dilemmas involved when targeting ammunition warehouses and smuggling tunnels – all deliberately located within civilian centers Alain Bauer, president, French Strategic Security Mission and co-founder, Defense and National Security Council (CDSN), France, noted that criminologists are neither policemen nor judges, but must try to understand what criminals and terrorists do REFRAMING THE ISSUE – LEGITIMACY OVER LEGALITY One tactic in facing these challenges, according to some of the speakers, is a dramatic reframing of the issue. Prof. Asa Kasher, Laura Schwarz- Kipp Chair in Professional Ethics and Philosophy of Practice, Tel-Aviv University, stated that the whole framing of the debate as between security and human rights is “utterly wrong.” Security has to do with protection of human life, he stated. And there is no human right more basic, more important or more sacred than protecting the human life of a citizen. Kasher pointed to the distinction between combatants and civilians in the Just War doctrine, stating that soldiers are “civilians in military uniform, their human dignity and life worthy of protection, too,” including when they deal with terrorists hiding behind innocent civilian non-combatants. “We need a good justification for jeopardizing the life of a human being, and Avi Dichter, former minister of Internal Security and former head of the I.S.A., with Institute supporter, Steven Stern Lt. Gen. (Ret.) Moshe Yaalon, deputy prime minister and minister of Strategic Affairs, having an in-depth conversation with Mr. Dan Meridor, deputy prime minister and minister of Intelligence and Atomic Energy “IT IS NOW THE WINNER WHO PAYS REPARATIONS, NOT THE LOSER, THE ENEMY THUS LOSING ITS INCENTIVE TO END ITS HOSTILITIES” - Dr. Daniel Pipes, director of the Middle East Forum; Taube Distinguished Visiting Fellow at the Hoover Institution that includes soldiers under a situation when the common practice of our enemies is to wage war within civilian settings. If we think about a major ingredient of democracy – protection of human dignity, for civilians and soldiers alike, we have the duty then to protect citizens of a democratic states waging war against it. Terror calls for a change in the parameters in order to remain a democracy of superb standards on the one hand and provide our citizens with an effective protection of our citizens on the other.”

Abraham Sofaer, George P. Schultz senior fellow of Stanford University’s Hoover Institution, suggested an additional perspective to assist in framing the issue. In outlining current categories of preventative actions, Sofaer claimed that most would not meet international standards of legality, yet would be viewed as necessary and morally justified. Legitimacy is a more useful and meaningful concept than legality and should be the criteria for which we strive. “Success is not merely succeeding in getting the approval of the international community but in actually achieving the objective.” PERSPECTIVES OF COUNTER TERRORISM Workshops illuminated the issues involved in counter terrorism from a wide range of perspectives, geopolitical as well as technological. The discussion of western society’s resilience posed the question of trying to envision the impact of Muslim immigration on Europe by 2030. Jonathan S. Paris, associate fellow, International Centre for the Study of Radicalisation (ICSR), King’s College London, discussed pertinent factors such as the differences between first and second generation immigrants, the effect of imported brides and the mutual impact between Muslims and the states in which they live. Michael Whine, director, Government and International Affairs at the Community Security Trust, U.K., pointed out that Europe is faced with twin threats: the continent is about to suffer a severe population decline, which affects Europe’s aging population and states’ abilities to maintain economic stability. It is not Muslim migration that should necessarily worry us, he qualified, but the threat of political Islam. Governments do perceive the risk but few deal with it in a holistic manner. Daniel Pipes expressed pessimism regarding the topics of home grown radicalization in Europe and the US, and where society is heading. He placed only a 5% chance on the solution that gets the most attention in the press, “that everybody gets along. This is a denial of reality.” Based on the trends of the past half century, he sees a far greater chance of Europe becoming Islamist. A far-less discussed prospect is that Europe will say that it has had enough. Yehudit Barsky, director of the American Jewish Committee’s Division of Middle East and International Terrorism, reviewed the perspective of terrorist organizations trying to recruit Muslims in democratic countries; these organizations are operating with the advantage of the very freedom those societies allow. The good news, she noted, is that extremists remain a minority; the problem is that one needs only one or two people to carry out a terrorist attack. When western countries analyze this problem, the main obstacle is the lack of will to interfere in religious practices of communities. Dr. Randall G. Rogan, associate dean Graduate School of Arts and Sciences, Wake Forest University, pointed to the failure in countering terror, not by “IT IS NOT MUSLIM MIGRATION THAT SHOULD NECESSARILY WORRY US BUT THE THREAT OF POLITICAL ISLAM. GOVERNMENTS DO PERCEIVE THE RISK BUT FEW DEAL WITH IT IN A HOLISTIC MANNER” - Michael Whine, director, Government and International Affairs at the Community Security Trust, U.K. Lt. Gen. (Ret.) Moshe Yaalon, deputy prime minister and minister of Strategic Affairs (right), shaking hands with Prof. Amnon Rubinstein, former Israeli Minister of Education and former President of IDC, while Dr. Boaz Ganor looks on Dr. Peter Berkowitz, Tad and Dianne Taube senior fellow Hoover Institution, Stanford University Washington Office 9th AnnuAl ict cOnference Maj. Gen. Uzi Dayan, former IDF deputy chief of staff and former national security adviser, taking notes during one of the workshops the intelligence community, law enforcement, or even politicians, but by academicians and the intelligentsia. By employing cultural relativism and political correctness, these groups present jihad as a spiritual pursuit, akin to yoga. According to this doctrine, the opinion that we are dealing with an Islamic fundamentalist approach with radical ultimate objectives would be racist, bigoted and Islamophobic. “SUCCESS IS NOT MERELY SUCCEEDING IN GETTING THE APPROVAL OF THE INTERNATIONAL COMMUNITY BUT IN ACTUALLY ACHIEVING THE OBJECTIVE” - Abraham Sofaer, George P. Schultz senior fellow of Stanford University’s Hoover Institution IDC Winter 2010 > 61

“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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