C O N F I D E N T I A L TEL AVIV 001694
SIPDIS
E.O. 12958: DECL: 07/30/2019
TAGS: PGOV, IS
SUBJECT: IDF TO INVESTIGATE COMPLAINTS OF CRIMINAL CONDUCT
BY ITS FORCES DURING OPERATION CAST LEAD
Classified By: DCM Luis G. Moreno for reasons 1.4 (b) and (d).
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SUMMARY
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1. (C) Initial IDF rejection of allegations of criminal
conduct by troops involved in Operation Cast Lead in the Gaza
Strip has given way to admission that some 100 complaints
have been leveled at the Israeli military regarding the
conduct of its forces during the military assault on Hamas.
Media reports, confirmed by calls to IDF contacts that
suggested the IDF would issue a press release July 30
containing virtually the same information, said that the IDF
is reviewing these complaints and the Judge Advocate General
has already ordered criminal investigations into 15 of the
cases, although it is unclear whether this represents a
policy change within the military or merely a "lessons
learned" phase following a major military operation. At
least one Israeli organization appears to have played a key
role in forcing the IDF to break the silence on misconduct in
the field.
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26 SOLDIERS WHO WERE THERE
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2. (C) The allegations of criminal conduct by various
organizations such as Human Rights Watch and the
International Red Cross have been persistent since the
conclusion of "Cast Lead" in January 2009. Individual
Palestinians also testified to IDF abuses such as looting,
beatings, vandalism of property and the use of the local
population as human shields. But by far the strongest
reverbration in Israel was that created by the Israeli
organization "Breaking the Silence", which collected
testimony from 26 unnamed IDF soldiers. All of the soldiers
had been involved in Operation Cast Lead in the Gaza Strip,
and testified to instances where Gazans were used as human
shields, incendiary phosphorous shells were fired over
civilian population areas, and other examples of excessive
firepower that caused unnecessary fatalities and destruction
of property.
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THE MILITARY SPOKESMAN STRIKES BACK
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3. (C) Brigadier General Avi Benayahu, the IDF military
spokesman, is a seasoned player when it comes to handling the
media. "Breaking the Silence" constituted a very different
challenge, however, as the testimony was by Israelis who had
served in the operation being criticized. Their allegations
were not easy to dismiss, and Benayahu was careful not to
refute them outright or imply that they were untrue or
misleading. Instead, he pointed the finger at the
methodology of the organization that had gathered their
anonymous testimony, denouncing "Breaking the Silence" for
making general allegations and failing to investigate the
details. As part of his campaign to discredit "Breaking the
Silence", the IDF Spokesman claimed that it had been
masquerading as a non-profit organization when in reality it
was a registered (for profit) company, even quoting its
putative registration number in a live interview with Israel
Army Radio. ("Breaking the Silence" has not to our knowledge
responded to the allegation. According to the media, the GOI
has expressed its dissatisfaction with some European
governments who have reportedly channeled funds to "Breaking
the Silence.") Finally, Benayahu lambasted the organization
for failing to submit its report to the IDF with a sufficient
delay ahead of publication -- it gave 24 hours -- so that the
military could investigate the testimonies. In other words,
the IDF was outraged that "Breaking the Silence" went public
rather than give the IDF "first refusal" on a military
investigation that is public only in terms of its findings.
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THE DEFENSE MINISTER STAKES A CLAIM
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4. (C) Along with his all-out campaign to discredit the
report, Benayahu also had the support of Defense Minister
Barak, who quickly chastised critics of the IDF. Barak,
perhaps concerned both with troop morale and the appearance
of his concern, was quoted as saying "Any criticism of the
IDF from this or that organization is misplaced and
misdirected. If someone has a criticism, or information or
conclusions about IDF actions, they should bring them to me
as Minister of Defense ... and to the Israeli government that
instructed the IDF to restore quiet to the communities in the
South." The media has highlighted Barak's repeated claims
that the IDF is the world's most moral Army.
Nevertheless, the allegations of the 26 soldiers also
elicited from the IDF Spokesman's Unit a statement that the
IDF "is committed to investigating any claim supported by
facts" and that "by order of the IDF CHief of Staff, Lt. Gen.
Ashkenazi, five investigations headed by specialists in the
field examined various aspects of the operation ... and that
the IDF is currently investigating other incidents which
relate to individual claims ..."
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ENTER THE JUDGE ADVOCATE GENERAL
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5. (C) A long-standing joke in the Israeli military relates
to the need for an attorney as an essential component of the
combat soldiers assault equipment. On the even of Operation
Cast Lead, the media put out the word that the plan of attack
had been so carefully worked out that it would take the
troops through the treacherous minefields of international
law, a promise that now seems overly optimistic. The
Goldstone Comission, the International Red Cross, and Human
Rights Watch are all demanding accountability on Israel's
part fo the 1400 Palestinians killed -- according to
Palestinian claims -- and the enormous damage to civilian
property int he Gaza Strip. The case of the IDF Spokesman
versus "Breaking the Silence" might indicate, however, that
in the Israeli context, the most effective pressure comes
from home.
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Visit Embassy Tel Aviv's Classified Website:
http://www.state.sgov.gov/p/nea/telaviv
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CUNNINGHAM