Arab International Festival in Dearborn is Canceled in Wake of Aggressive Christian Missionary Activities

Spencer’s allies, extremist Evangelicals like David Wood have used the tactic of intimidation and aggression for years now at the Dearborn Arab Festival.:

Arab International Festival in Dearborn is canceled in wake of religious tensions

By Niraj Warikoo, Detroit Free Press Staff Writer

After growing religious tensions between some Christian missionaries and local Muslims, the annual Arab International Festival in Dearborn has been canceled for this year, organizers said Friday.

The announcement left many disappointed that a small number of aggressive extremists could ruin what had become a tradition in the eastern section of Dearborn, which has a significant number of Arab Americans.

The city and organizers were facing increased insurance and liability costs because of the tensions and lawsuits over the festival. Last month, the City of Dearborn had proposed moving the festival to a park instead of the traditional location on Warren Avenue in order to decrease conflict.

But Fay Baydoun, director of the American-Arab Chamber of Commerce, said Friday that it would have been impossible to organize a successful event in time at the new location. Baydoun said she hopes that next year’s festival will “come back better and stronger.”

The decision to cancel the festival comes after four years of tensions at the event between some Christian missionaries and local Muslims. Their encounters resulted in heated arguments, scuffles, some bottle-throwing and several lawsuits. A federal judge in Detroit last week threw out one of those lawsuits.

Last year, one group of Christian missionaries brought a pig’s head and signs insulting Islam’s prophet, which drew a strong reaction from some children. Earlier this month, the City of Dearborn apologized and paid an undisclosed amount of money to a group of Christian missionaries arrested in 2010 at the festival for disturbing the peace. They were later acquitted.

Dearborn Mayor Jack O’Reilly Jr. did not return a call seeking comment Friday, but in a news release from the chamber, he is quoted as saying of the festival: “We look forward to its continued success promoting business that help drive the city’s economy and that make the community a cultural destination for visitors.”

Local Arab Americans were upset over the cancellation of the festival because the original intent of it was to highlight Arab-American businesses, which helped turn east Dearborn from a ghost town into a thriving commercial destination, said local leaders.

“It’s unfortunate there are groups who are seeking to create problems and incite people in a community where people are trying to build bridges of diversity,” said Suehaila Amen, 34, of Dearborn. “This festival was about creating a family atmosphere during Father’s Day weekend. And yet, there are those who do not wish to see people enjoy their life.”

Many Arab Americans from across the country attend the festival, Amen said.

Dearborn resident Majed Moughni also said he was disappointed in the cancellation, but added that he understands the decision, given the high insurance and logistical costs for what became an increasingly tense event.

“It’s not worth the cost,” he said.

In an attempt to create a more peaceful atmosphere, O’Reilly moved the location of the festival to Ford Woods Park. His plan would have allowed the festival to be in an enclosed area and would have required an admission fee.

But Baydoun said: “With the move to a new location, Ford Woods Park, we needed more time to ensure we provide a quality event that the community has come to expect from us.”

Over the years, the festival has attracted big donors, from Detroit automakers to the CIA.

There was concern that this year’s festival could become even more tense.

Quran-burning Pastor Terry Jones said he was planning to attend the first day along with the California man who brought the pig’s head last year. In 2011, Jones attempted to attend the festival, but was met by angry protesters who tried to block him as he walked. Police then asked him to not attend.

The decision to cancel the festival illustrates some tensions between its Arab-American organizers and Dearborn officials. O’Reilly has been pushing to move the festival for three years, but the Chamber of Commerce resisted because the purpose of the festival was to promote Arab-American businesses along Warren.

Earlier this year, the city indicated it would not be giving permits for the Warren Avenue location and asked the chamber to consider having the festival in the park.

Baydoun said her group respects free speech.

“We have no intention of preventing anyone from freedom of speech,” she said. “We just wanted a family-friendly environment.”

Since she was a teenager, Amen has looked forward to enjoying the festival. It was a time to reconnect with friends and family in a relaxed atmosphere of games and booths that celebrated diversity.

But now, “it’s gotten to the point where people don’t even want to take their children to the festival because they don’t want them to be exposed to these bigoted messages and hateful speech,” Amen said.

Some conservatives say the incidents at the festival happened because the city is under the influence of Shari’a, Islamic law, a claim O’Reilly has repeatedly dismissed as absurd.

Robert Muise, an Ann Arbor attorney who represents the California-based Bible Believers — the Christian group that brought a pig’s head and anti-Islam signs last year to the festival — said the cancellation of the festival was “disappointing.”

“However,” he added, “had the Christians’ rights been protected from the beginning, I doubt we would be at this point.”

Contact Niraj Warikoo: nwarikoo@freepress.com or 313-223-4792

via. Loonwatch

Police Remove Muslim Women From Pam Geller’s ‘Human Rights Conference’

Pamela Geller and Robert Spencer only preach to their minions, and anyone else is not accepted.

Police Remove Muslim Women From Pam Geller’s ‘Human Rights Conference’

By Eli Clifton on Apr 30, 2012 at 9:30 am, ThinkProgress

Yesterday in Dearborn, Michigan, noted anti-Muslim activists Pamela Geller and Robert Spencer hosted a conference promising to advocate for “human rights” in one of the largest Muslim communities in the United States. Geller, writing on her blog on Sunday, warned, “We will meet fierce resistance by Islamic supremacists who will do anything, say anything to impose the sharia and whitewash the oppression, subjugation and slaughter of women under Islamic law.”

But surprisingly, Muslim women found themselves denied entry to the conference and, after patiently waiting in the corridor after being told to wait, were removed from the Hyatt Hotel by the Dearborn Police Department and Hyatt security.

Several of the young women commented that they shared a similar appearance with Jessica Mokdad, the young women who Geller and Spencer claim was murdered in an “honor killing” (a conclusion not shared by Mokdad’s family or Michigan prosecutors).

ThinkProgress attempted to attend the event and was turned away, and eventually removed from the Hyatt by the police, along with the young women. One of the women commented, “I tried emailing [Pamela Geller to register] and I literally couldn’t get any kind of response back.” That comment seems to contradict Geller’s claim that she wants to help Muslim women and that the conference was in defense of the human rights of Muslim women.

Another woman who tried to attend the conference told ThinkProgress:

Coming in, I was asking where the human rights conference is. [Hyatt Security and Dearborn Police] were like, ‘what are you talking about?’ I’m like, ‘the human rights conference on the second floor.’ They were like, ‘the anti-Islam conference?’ That’s what they’re calling it now.

And another woman expressed surprise that Geller, who has asked to hear from more Muslim voices on human rights issues, was denying Muslims access to her event. “I watched an interview with her […] and she said, ‘Where are the Muslims?’ Well, we’re here!” Watch it (police arrive to escort the women off the Hyatt premises at 3:58):

Pamela Geller emailed ThinkProgress, “They didn’t register. We’ve been announcing for weeks that only registered attendees would be admitted.”

Geller and Spencer play prominent roles in the Islamophobia “echo chamber,” as detailed in the Center for American Progress’s report “Fear, Inc.: The Roots of the Islamophobia Network in America.”

Mass Honor Killing Delights Loons

Shafia Trial

The Shafia murder trial currently underway in Ontario, Canada is a public relations bonanza for anti-Muslim bigots who have made so-called “Islamic honor killings” a major theme in their campaign to vilify Muslims. Three of Mohammad Shafia’s daughters and his first wife were found dead in a car submerged in a shallow canal two years ago in what prosecutors say was a quadruple murder staged to look like an accident.

Mohammad Shafia, 58, his second wife, Tooba Mohammad Yahya, 41, and their son Hamed, who was 18 at the time of the incident, have each been charged with four counts of first-degree murder. All three have pleaded not guilty.

Shafia is a wealthy Montreal businessman originally from Afghanistan, who was apparently living in a polygamous arrangement with his first (infertile) wife, his second wife, and their seven children. After leaving Afghanistan in 1992, the family had lived in Dubai, Pakistan and Australia before settling in Quebec, Canada.

Two summers ago on a return trip from a Niagara Falls vacation, the family checked into a Kingston hotel for the night. Early the next morning, police found the family’s wrecked sedan in the nearby Kingston Mill locks.

Inside were the bodies of sisters Zainab, 19, Sahar, 17, and Geeti Shafia, 13, and Mohammad’s first wife, Rona Amir Mohammad, 52. Autopsies indicated all four victims had drowned.

At first, the couple told police their eldest daughter had taken the sedan for a joyride without their permission, resulting in a tragic accident. Inconsistencies in their story left police suspicious, and evidence found at the scene contradicted their account.

Investigators said the sedan would have had to travel past a locked gate, over a concrete curb and a rocky outcrop, and then make two U-turns to wind up in the locks of the canal. Damage found on both vehicles indicates that Mohammad Shafia’s SUV pushed the sedan into the shallow canal at an isolated, unlit location.

Police seized a laptop from the family’s Montreal home they said was owned by Shafia but used by his son Hamed. In the weeks leading up to the alleged murder, forensic experts found incriminating phrases had been entered in the Google search engine, including “Where to commit a murder,” “Can a prisoner have control over their real estate,” and ”Montreal jail.”

Shafia’s chilling statements captured on police wiretaps suggest he orchestrated the death of his daughters because they consorted with boys and dishonored his family with their defiant behavior:

“They committed treason on themselves. They betrayed humankind. They betrayed Islam. They betrayed our religion…they betrayed everything.”

An apparently remorseless Shafia told his second wife that when he views the cell phone photos of Zainab and Sahar posing with their boyfriends or in suggestive clothing, he is consoled, saying:

“I say to myself, ‘You did well.’ Were they come to life, I would do it again.”

The trial has received intense media coverage in Canada, but in the US, coverage has been mostly confined to anti-Muslim hatemongers and outrage peddlers. Frontpage Magazine, a site run by anti-Muslim loon David Horowitz, prompted some hate-filled comments from readers responding to an article about the Shafia trial:

“IslamoFascist Pigs will continue to carry out the tenets of Islam because they are 7th Century barbarians in the 21st Century. It’s unfortunate that Canada doesn’t have a death penalty.”

“…The West is drinking poison, we need to puke it out and close the door and seal every crack to keep this evil out.”

An article on The Blaze, a right wing website founded by former Fox News host Glenn Beck, provoked over 200 colorful comments, including:

“These towelheads think they are above the law. I don’t know what its going to take to wake up our country and it’s leaders.”

“ISLAM THE MUSLIM BARBARIC SATAN CULT! These are Dictator Barack Hussein Obamas chosen people! The SHARIA-LAW IS ALREADY STARTING IN OUR AMERICA!”

“Gee…if Muslims keep this up there won’t be a ‘problem’ with them. I say we need to keep hands off and let this run its course.”

“Nuke Mecca, Nuke Medina. Peace through Strength, Strength through Superior Firepower.”

Pamela Geller’s website Atlas Shrugs is also covering the story, and her readers appear to be equally hateful, paranoid, and in some cases, unaware that Afghans are not Arabs:

“Muslim DOGS is what they are… Arab DOGS!”

“Just another moderate Muslim. And that is not tongue-in-cheek. DEPORT ALL OF THEM.”

“The pathetic politically-correct wussies in the canadian parliament have totally rolled-over and caved to these islamo-crazies. Sharia will be the law of the land in canada within the next three years. It’s time to beef up our northern border.”

Notice that these comments are not confined to outrage over this specific crime, but are a wholesale denunciation of all Muslims and the Islamic religion, as well as calls for violence, deportation, and even genocide. Comments consistently expressed a visceral hatred of Muslims, belief in a sinister left-Islamist alliance, and paranoid conspiracy theories about Muslims taking over and imposing Sharia (Islamic Law) in the Western world.

Geller has a section on her website entitled, “Honor Killings: Islam Misogyny,” where she frequently repeats the lie that honor killings are sanctioned by Islamic Law.  She describes honor killing in America as, “a grotesque manifestation of [S]haria law abrogating American law,” and warns that “creeping [S]haria” will bring a myriad of barbaric practices to the US if  “Islamic supremacists” are not stopped.

The fact is that honor killings are not religiously or legally sanctioned by Islam. Rafia Zakaria is a lawyer, a doctoral candidate at Indiana University, and the Director for Amnesty International USA.  Zakaria is also a Muslim feminist and a regular contributor to Ms.blog Magazine, which covers contemporary women’s issues. On the subject of honor killing, she has said:

“That is one of the black and white statements I can make. There is absolutely nothing, either in the Qur’an or in the Hadith, or even in any secondary source that says that honor killing is something that Muslims should do or can do or that is lawful.”

Honor killing is an ancient practice that can be linked to the ancient Babylonian Code of Hammurabi, circa 1700 BC.  Barbara Kay, a harsh critic of Islam who previously sparked controversy with her column, “The Rise of Quebecistan,” says the first honor killing in Judeo-Christian civilization is recorded in the Bible in Genesis 34.  She relates the story here.

Some Muslims, a minority mistakenly believe that “honor killing” is permitted in Islam, and Mohammad Shafia’s statements in the wake of his daughters’ deaths suggest he shares this misconception, conflating culture and faith. For this reason, it is important to spread the news that Islam does NOT condone these killings, yet anti-Muslim bigots who claim they care about Muslim women are doing the opposite.

In a pathetic attempt to prove Islam sanctions honor killings, the loons have dredged up  ”Reliance of the Traveller,” a classical manual for the Shafi’i school of Islamic jurisprudence written over 600 years ago. A convoluted interpretation of select passages has gone viral, and is now routinely cited on the pages of hate sites and in comments on numerous articles related to honor killing.

Geller quotes a section of The Traveller on her website that says certain crimes, including the killing of one’s offspring, are not subject to retaliation, implying Muslim parents have a free pass to murder their children under Islamic Law, which is a bold faced LIE. Retaliation is a form of reciprocal justice, lex talionis, commonly known as “an eye for an eye.”

A crime that is not subject to retaliation can still be punished by other means. Restrictions on reciprocal justice in the Qur’an were meant to reduce blood feuds and the cycle of vengeance. The concept of retaliation is also found in Jewish and Christian scriptures, and like honor killing, traces back to the ancient Code of Hammurabi.

Even if The Traveller sanctioned honor killing (which it doesn’t), it would be the interpretation of one Islamic cleric who lived centuries ago, and not a formal part of Islamic Law. Sharia is drawn primarily from the Qur’an and the Sunnah, and neither sanctions honor killing.

Of course Geller is only parroting a common anti-Muslim talking point pushed by her teacher in all things Islamic, Robert Spencer. Spencer, since the launch of JihadWatch has tried his utmost to find an Islamic text that he could contort and link to “honor killings.”

His one method has been to cite the well known story of Khidr in the 18th chapter of the Qur’an as such a justification for “honor killing” in Islam:

Khidr killed the young man because he would grieve his pious parents with his “rebellion and ingratitude” (v. 80), and Allah (SWT) will give them a better son (v. 81).

…[further down states]…

Another point emerges in Islamic tradition: don’t kill children, unless you know they’re going to grow up to be unbelievers. “The Messenger of Allah (SWT) (may peace be upon him) used not to kill the children, so thou shouldst not kill them unless you could know what Khidr had known about the child he killed, or you could distinguish between a child who would grow up to he a believer (and a child who would grow up to be a non-believer), so that you killed the (prospective) non-believer and left the (prospective) believer aside.” The assumption thus enunciated may help explain the persistence of the phenomenon of honor-killing in Islamic countries and even among Muslims in the West.

Robert Spencer shamelessly tries to mislead the reader into thinking there is some textual justification for honor killing. Seeking Ilm, a traditional conservative Muslim website takes Spencer to task for this and sheds light on the above falsities, debunking Spencer’s mythical explanation:

Such an explanation is not at all mentioned by the scholars of old or of late. None understood this story to mean that it is permitted to kill children if they will be an unbeliever.

It goes on to discuss the tradition mentioned by Spencer: first the speaker is a disciple of the Prophet Muhammad known as Ibn Abbas; second, the wording of the tradition cited by Spencer is from a shaadh (peculiar) narration of the said tradition and is therefore “weaker” and not “accepted”; third, it is narrated differently in the Sahih of Imam Muslim (one of the most authoritative books of tradition) with only these words,

“Verily the Messenger of God (sallallahu ‘alayhi wa sallam) did not kill children, so do not kill children, unless you know what Al-Khidr knew when he killed the child.”

The Seeking Ilm folks go on to write,

The fact is it is impossible to know what Al-Khidr knew. Imam An-Nawawi (1234-1278 CE), recognized as one of the most brilliant Muslim jurists and judges to have lived, explained these words in his commentary upon the Sahih of Imam Muslim:

“It means: Verily it is not permitted to kill them (i.e. children), nor is it permitted for you to make a connection to the story of Al-Khidr utilizing it to kill children. For verily, Al-Khidr did not kill except by the command of God, the exalted, as this was specifically allotted to him just as was mentioned in the end of the story [of khidr], “And I did it not of my own accord.” So [Ibn ‘Abbas is saying] if you came to know of such from a child then he is to be killed. And it is known such cannot be known [by a person] and so it is not permitted to kill him.” ((Sharh Sahih Muslim: Translated by Seekingilm team ))

What is also important to mention is that Imam Nawawi himself, the great Dr. in Hadith and commentator of the Sahih, places this hadith beneath the chapter title, “Women Participants in Jihad are to be Given Reward but not Part of the Spoils, and the Prohibition of Killing Children of the People of War.” This fact stresses our point that the Muslims  did not extract the meaning claimed by Robert Spencer. If Robert Spencer and crew did not get all of what we just stated, let us sum it up for the idiots out there: one of the most prominent scholars for all Muslims is clearly stating that killing children is not permitted based upon this verse, as knowledge of the child’s future is not certain save by revelation from God, as was received by Al-Khidr. Even Moses, according to the story, did not know of the plight of the child, so how is it that a layman is to know of such? Furthermore, Imam An-Nawawi known as the second Imam Ash-Shafi’i, is stating that it is totally forbidden to kill children. The fact is Spencer’s null attempt at utilizing this statement for his own fear-mongering and islamophobic agenda only shows anyone with any knowledge of Islamic law how horridly ignorant Robert Spencer is of Islam.

Horridly ignorant is right!

In any case, it seems highly unlikely that the Canadian court will consult a centuries-old manual on Islamic jurisprudence to determine sentencing in the Shafia case.

Loons, who are clearly unhinged from reality, insist liberal “wussies” are caving in to “Islamo-crazies” and will allow Muslims to invoke Sharia to get away with murder in Western courtrooms.  Apparently they see no contradiction between their belief that Islamic Law is soft on crime and simultaneously, exceptionally harsh and barbaric.

Outside of the loons’ fevered imaginations, Sharia is not a factor in the Shafia trial. The accused will be subject to the Law of Canada, and if convicted, all three face life in prison.

Jewish Law*: One Israeli Soldier Worth More Than 1,000 Palestinians

Please make sure to read my disclaimer Why Religious Zionism, Not Judaism, Is The Problem wherein I clarify that “Jewish law” here is not meant to be understood in a blanket way.  Certainly, there exist alternative, more compassionate understandings of Halakha.  I understand that many readers are deeply uncomfortable with characterizing “Jewish law” in such a sweeping manner as we have done in this “thought exercise”–but that’s the point of the article series: if you refuse to generalize Halakha, then why do you do it to Sharia?

Read the Introduction: Does Jewish Law Justify Killing Civilians?

Previous: #4 TERRORISM!

Israel recently agreed to release over 1,000 Palestinian prisoners in exchange for 1 captive Israeli soldier.  The soldier’s name is Gilad Shalit: he is neither a high-ranking military official or anyone of national importance.  Then, why did Israel agree to ransom him with over a thousand men?  Why is he worth so much?

CNN ran with the headline “Shalit swap based on ‘ultimate value of human life,’ rabbis say”:

“Judaism places ultimate value on human life. Therefore in the Jewish tradition, in Jewish law, redeeming captives trumps just about everything else,” said Ascherman, of Rabbis for Human Rights. “It takes priority over anything else you can possibly do.”

So, it is just that Israelis value life so much?  Are they just that superbly moral?  I have seen such discussion on the internet and in the media, with pro-Israeli apologists comparing this “ultimate value of human life” with the “culture of death” that Palestinians (and Arabs/Muslims) supposedly have.

Yet, the CNN article is misleading, as it implies that Judaism* values human life, when in fact Jewish law* places the ultimate value on Jewish life only.   The mitzvah (religious obligation) to redeem prisoners is limited to fellow Jews. It does not apply to Gentiles. Had the prisoner been Christian or Muslim (ha!), Israel would never have made such a trade.

There is a deeply racial underpinning here: according to Jewish law*, Jews and Jewish life are always considered superior to Gentiles and Gentile life.  Prof. Israel Shahak, an Israeli human rights activist, documented the background for this racist religious dogma in his book Jewish Fundamentalism in Israel. For example, he quotes Rabbi Abraham Kook, largely considered “the ultimate father figure” of Religious Zionism, who stated that “the difference between a Jewish soul and the souls of non-Jews…is greater and deeper than the difference between a human soul and the souls of cattle.”

Admittedly, such beliefs are not unfamiliar to Radical and Ultra-Conservative Muslims, who argue that “the worst Muslim is better than the best non-Muslim.”  Similar statements can be heard from fundamentalist Christians.  Yet, Religious Zionists take this bigoted idea much further, using it to justify the killing of civilians: to save one Jewish life, killing any number of Gentiles is acceptable.  Not only can one exchange 1,000 Gentile prisoners for 1 Jewish prisoner, but one can also kill 1,000 Gentiles to save 1 Jewish prisoner (or as revenge and deterrence in the case of a Jewish soldier who was killed).

Rabbi Michael J. Broyde asks rhetorically on p.4 of War and Peace in the Jewish Tradition (a book written under the auspices of the world’s leading Orthodox Jewish minds):

If the government can rescue a soldier only by killing a dozen innocent infants in the enemy camp, may it do that?

Broyde argues in the affirmative, noting that “enemy civilians” are “less sacred than one’s own soldiers.”  Even if it were otherwise, Broyde argues, Jewish law* allows for a “presumptive hora’at sha’ah (temporary edict/suspension of law) that would permit such[.]”  He goes on to say:

Rabbi Abraham Isaac Kook, for example, permits the sacrifice of oneself as a form of hora’at sha’ah [temporary edict/suspension of law] that is allowed by Jewish law to save the community.  While the voluntary act of heroic self-sacrifice and the killing of an unwilling victim are not parallel, I think that one who would permit a Jewish soldier to kill himself to save the community, would permit the killing of “less innocent” enemy soldiers or even civilians in such situations as well.  In grave times of national war, every battle and every encounter raises to such a level, I suspect.

In “every battle and every encounter,” it is permitted to kill “even civilians.”

Broyde raises a very odd argument, rhetorically asking:

If a government can choose as a matter of policy to engage in retaliatory military action that risks the lives of its own soldiers and civilians in a time of war, does it not follow that it may do so with enemy soldiers and civilians as well?

Rabbi Norman Lamm asks on p.238:

To use the Talmudic phraseology, is the blood of Israeli soldiers any less red than that of enemy Arab civilians?

The bottom line is that the Jewish military can kill enemy civilians to “save its soldiers.”  Prof. David Shatz writes on p.xix of the introduction to War and Peace in the Jewish Tradition:

It would be morally acceptable, and perhaps even required, to cause civilian deaths in order to save your own combatants.

How many civilian deaths?  Certainly, “killing a dozen innocent infants in the enemy camp” to save 1 Jewish soldier is not unreasonable.  The 1-to-1,000 ratio is also acceptable.  Mordechai Eliyahu, the late Sephardi Chief Rabbi of Israel, bellowed:

Even when we seek revenge, it is important to make one thing clear – the life of one yeshiva boy is worth more than the lives of 1,000 Arabs.

He went on to say:

The Talmud states that if gentiles rob Israel of silver they will pay it back in gold, and all that is taken will be paid back in folds, but in cases like these there is nothing to pay back, since as I said – the life of one yeshiva boy is worth more than the lives of 1,000 Arabs.

The Sephardi Chief Rabbi called for carpet bombing the Palestinians instead of “risk[ing] the lives of Jews.”  The Jerusalem Post reported in an article entitled “Eliyahu advocates carpet bombing Gaza: Says there is no moral prohibition against killing civilians to save Jews“:

The former chief rabbi also said it was forbidden to risk the lives of Jews in Sderot or the lives of IDF soldiers for fear of injuring or killing Palestinian noncombatants living in Gaza.

Similarly did Rabbi Yaakov Perin famously state that “one million Arabs are not worth a Jewish fingernail.”

One of Israel’s justifications for the 2006 Lebanon War, which killed over a thousand Lebanese (mostly civilians), was to recover two IDF soldiers.  Does it seem reasonable to kill over a thousand people to recapture two soldiers?

During the conflict in Gaza, Rabbi Yehuda Henkin, former Rabbi of the Beit She’an Valley in Northern Israel, opined that “the Halacha (Jewish law) countenances the killing of non-combatants in times of war,” and that “there is no excuse for endangering our own citizens or soldiers to protect the lives of civilians on the other side.”  This is an argument for Israel relying on carpet bombing against a civilian population instead of sending in ground troops to fight in “hand-to-hand combat.”

Far from being the views of some radical, fringe element in Israel, these are the mainstream beliefs of Religious Zionism.  These attitudes are reflected in Israeli society as a whole, with “more than 70 per cent support for bombing Gaza–but just 20 per cent support for a ground invasion.” It is no surprise then that indiscriminate killing–accepted by international law as “equally” criminal compared to targeting civilians–is thus the norm of Israeli war policy.

Surely, a dozen or a thousand Palestinian infants (who will grow up to be terrorists anyways) are not worth the life of one brave Israeli soldier.

*  *  *  *  *

This racist line of thinking reaches its logical conclusion by encouraging the slaughter of civilians to “protect” Jewish soldiers.  A Jewish soldier’s life is so much more precious than the lives of enemy civilians that this trade-off is acceptable.  On pp.65-67 of Jewish History, Jewish Religion, Prof. Israeli Shahak documents a Q&A between an Israeli soldier and Rabbi Shim’on Weiser (a conversation originally published in the yearbook of one of Israel’s prestigious religious institutions, Midrashiyyat No’am).  In it, the soldier asks the rabbi:

[Am I] permitted to put myself in danger by allowing a woman to stay alive? For there have been cases when women threw hand grenades.

Rabbi Weiser responds by saying:

The rule “Whoever comes to kill you, kill him first” applies to a Jew…[but] it only applies to him if there is [actual] ground to fear that he is coming to kill you.  But a Gentile [non-Jew] during wartime is usually presumed so, except when it is quite clear that he has no evil intent.

In other words, Jews are considered innocent by default, whereas Arabs are guilty until proven innocent.  If there is any doubt as to the innocence of the Arab civilian, such a person should be killed just to be on the safe side.  The Israeli soldier responds by restating the Rabbi’s position:

As for [your] letter [to me], I have understood it as follows:

In wartime I am not merely permitted, but enjoined to kill every Arab man and woman I chance upon, if there is a reason to fear that they help in the war against us, directly or indirectly.

In the current climate, there is such a high level of paranoia in Israeli society that almost every Palestinian is seen as a threat, constituting “a reason to fear.”

*  *  *  *  *

Similar arguments are raised by many of Israel’s ardent defenders to justify killing civilians.  Former IDF soldier and full-time Israeli propagandist Cori Chascione of Jewcy opines:

Individual [Israeli] soldiers are not permitted to risk their own lives in order to avoid collateral damage or to save civilians…a soldier’s life comes before a civilian in enemy territory

Ted Belman of Israpundit.com writes:

As a numbers game, is it moral to cause one of your own to be killed to avoid killing ten of them? What about one hundred of them. In the last few days we killed 100 of them and lost 2 of ours. To my mind that is moral.

How similar is this rhetorical questioning; we saw it in the sober, serious, and scholarly book written by the leading Orthodox Jewish luminaries of the world (see above).

With views such as these emanating from mainstream Orthodox Judaism, it is only natural that others would take this paranoid worldview even further, such as Rabbi Yitzhak Shapira who declared that it would be licit to kill [Palestinian] children if there was a fear that they would “grow up to become enemies of the Jewish people.”

*  *  *  *  *

As I have repeated over and over again, I am not trying to categorize all of Judaism, all interpretations of Jewish law, or all Jews as one way or another.  I am simply establishing that extremist views such as these exist in no short supply.  So why this overwhelming focus on Islam, Islamic law, and Muslims?

The Top Five Ways Jewish Law Justifies Killing Civilians; #4: TERRORISM!

Please make sure to read my disclaimer: Why Religious Zionism, Not Judaism, Is The Problem.

Read the Introduction: Does Jewish Law Justify Killing Civilians?

Previous: #3 Promoting Ethnic Cleansing (II)

Israeli professor and human rights activist Israel Shahak wrote in the preface of his book Jewish Fundamentalism in Israel (co-authored with Norton Mezvinsky):

Virtually identified with Arab terrorism, Islamic fundamentalism is anathema throughout the non-Muslim world.  Virtually identified with ignorance, superstition, intolerance and racism, Christian fundamentalism is anathema to the cultural and intellectual elite in the United States.  The recent significant increase in its number of adherents, combined with its widening political influence, nevertheless, make Christian fundamentalism a real threat to democracy in the United States.  Although possessing all the important social scientific properties of Islamic and Christian fundamentalism, Jewish fundamentalism is practically unknown outside of Israel and certain sections of a few other places.  When its existence is acknowledged, its significance is minimized or limited to arcane religious practices and quaint middle European dress, most often by those same non-Israeli elite commentators who see so uncompromisingly the evils inherent in Jewish fundamentalism’s Islamic and/or Christian cousins.

As students of contemporary society and as Jews, one Israeli, one American, with personal commitments and attachments to the Middle East, we cannot help seeing Jewish fundamentalism in Israel as a major obstacle to peace in the region.  Nor can we help being dismayed by the dismissal of the perniciousness of Jewish fundamentalism to peace and its victims by those who are otherwise knowledgeable and astute and so quick to point out the violence inherent in other fundamentalist approaches to existence.

Pro-Israeli apologists are certainly “quick to point out the violence inherent in” Radical Islam while simultaneously dismissing “the perniciousness of Jewish fundamentalism to peace.”  MEMRI is one such group: this Israeli propaganda machine churns out cherry-picked translations from Arabic texts, in an attempt to magnify the threat of Radical Islam.  Meanwhile, these same sorts of pro-Israeli elements levy the charge of “Self-Hating Jew” and “Anti-Semitism” against all who would point out similar radicalism in the Israeli/Jewish community.  Prof. Shahak was himself the victim of such slurs (and now I have been accused of this as well).

We are constantly barraged by screeds warning us how inherently violent Sharia is–and how Islam supposedly compels its adherents to commit acts of terrorism–yet few would be comfortable with holding Judaism to the same standard we do Islam.  Certainly, Halakha (Jewish law)–as understood by Orthodox Judaism in Israel (the only form of Judaism recognized by the Jewish state)–permits targeting and killing civilians, collective punishment, and ethnic cleansing. It also permits terrorism against civilian populations. Rabbi Michael J. Broyde writes on pp.23-24 of War and Peace in the Jewish Tradition:

Air warfare greatly expands the “kill zone” of combat and (at least in our current state of technology) tends to inevitably result in the death of civilians.  The tactical aims of air warfare appear to be fourfold: [1] to destroy specific enemy military targets, [2] to destroy the economic base of the enemy’s war-making capacity, [3] to randomly terrorize civilian populations, and [4] to retaliate for other atrocities by the enemy to one’s own home base and thus deter such conduct in the future by the enemy.

The first of these goals…is permissible…The same would appear would be true about the second…It would appear that the third goal is not legitimate absent the designation of “Compulsory” or “Obligatory” war. The final goal…could perhaps provide some sort of justification for certain types of conduct in combat that would otherwise be prohibited.

In a future article, I will explain the different types of wars as understood in the Jewish tradition: for now, however, the reader ought to know that on p.14 Broyde quotes Maimonides that “a war to deliver Israel from an enemy who has attacked them” would constitute a Compulsory/Obligatory war.  This is nearly a unanimous opinion.  Prof. Arye Edrei writes in Divine Spirit and Physical Power:

[The Chief Rabbi of Israel, Shlomo] Goren[,] stated frequently in his writings that the contemporary wars of Israel meet the criterion of obligatory wars because their goal is to save Israel from the hands of an oppressor, and he categorized the Peace for Galilee War [1982 Lebanon War] as such a war.

Therefore, it is permitted under Halakha for Israel to “randomly terrorize [Arab] civilian populations.”  Notice also that the fourth “tactical aim,” permitted under Jewish law, also fits under terrorism: “to retaliate for other atrocities by the enemy to one’s own home base and thus deter such conduct in the future by the enemy.”  This is manifested in Israel’s policy of “massive retaliation,” which is a euphemism for state terrorism: the goal is to inflict so many Palestinian civilian casualties that it would serve as a deterrent to future terrorist attacks.

Professor Herbert Leventer of Yeshiva University legitimizes “terror bombing,” writing on p.75 of War and Peace in the Jewish Tradition:

If, in an emergency, you engage in the occasional assassination, terror (rather than mere strategic) bombing, killing of civilian shields–you do no wrong, and have no reason even to feel regret.

Adam Aptowitzer of B’nai Brith opined:

Terror is a tool, terror is a means to an end … When Israel uses terror to … destroy a home and convince people to be terrified of what the possible consequences are, I’d say that’s acceptable use to terrify someone.

The truth is that terror is an option to be used by states in order to prevent deaths of their own citizens and others. Acts that take place in Gaza and [the] West Bank, you might want to classify them as terrorists sponsored by the state. But when that is being done to prevent deaths, are we going to say that is wrong

(Note: To give credit where credit is due, I first came across this quote in Norman Finkelstein’s Beyond Chutzpah.)

Throughout its short history, Israel has terrorized the Palestinian population.  From 1948 when “the Hagana and other Jewish paramilitaries were terrorizing Palestinian civilians” (quote taken from p.56 of Prof. Sean F. McMahon’s The Discourse of Palestinian-Israeli Relations) to the recent 2008-2009 Israeli war on Gaza–described by the United Nations as an operation “designed to punish, humiliate and terrorize a civilian population”–state terrorism has been used by the Israelis very consistently.  (In the future, I will write a more detailed article documenting the systematic terrorism conducted by the state of Israel.)

Today, nearly half of Israeli Jews (46%) support “price tag” terrorism against Palestinians.  Price tag terrorism refers to “acts carried out against Palestinians in revenge of government actions harming the settler enterprise.” These are characterized as “pogroms meted out by fanatical settlers against defenseless Palestinians,” and involves violence against civilians.  Price tag terror is conducted by “Israeli soldiers and settlers” who”rampag[e] through” Palestinian villages, meting out “retributive violence.”

These terror attacks include blowing up cars, vandalizing homes, beatings, and stabbings.  Just a few hours prior to writing this article, an article was published by the Jewish Telegraphic Agency that Palestinian cars were set aflame.  [Editor’s Note: This article was written a few weeks before it was published.  A few days before the article was published, however, a mosque in Northern Israel was burned down by Jewish extremists.] Mosques are a favorite target for “price tag terror,” which have been burned down.  All of this goes on “under the watch of the army and with the encouragement of state-funded religious nationalist rabbis.” Not only do nearly half of Israeli Jews support price tag terrorism but “most traditional, national-religious and ultra-Orthodox Jews believe these actions are justified (55%, 70% and 71%, respectively).”

Former Israeli Prime Minister Yitzhak Shamir, a terrorist himself, declared that “neither Jewish ethics nor Jewish tradition can disqualify terrorism as a means of combat.” (hat tip: NassirH)

*  *  *  *  *

In addition to specifically allowing “terror bombings” that target civilians, Jewish law permits “indiscriminate violence” against civilians during milhemet mitzvah (Obligatory war), which all of Israel’s current wars are considered.  As Mordechai Eliyahu, the Sephardi Chief Rabbi of Israel, stated, “[there is] absolutely no moral prohibition against the indiscriminate killing of civilians.”

According to international law, there is no difference between intentionally targeting civilians and indiscriminately killing them.  Dr. Norman Finkelstein writes in the preface to Beyond Chutzpah:

One often hears that Hamas’s deliberate targeting of civilians cannot be compared to Israel’s “unintended” killing of them.  However human rights organizations report that Israel’s use of live ammunition is “indiscriminate” (HRW) and “on many occasions… deliberately targeted” civilians (Amnesty International), and accordingly conclude that the purported distinction between Hamas and Israeli violence “makes no difference” (B’Tselem). If Hamas were to declare after blowing up a crowded civilian bus that it had only meant to kill a military officer in the vehicle and not the other passengers, it would rightly be ridiculed. Yet how different is it when Israel drops a one-ton bomb on a densely populated Gaza neighborhood in order to liquidate a Hamas military commander and then declares that the fourteen civilian deaths were unintentional? In his authoritative study on the laws of war, Israeli legal scholar Yoram Dinstein observes:

…From the standpoint of LOIAC [Law of International Armed Conflict], there is no genuine difference between a premeditated attack against civilians (or civilian objects) and a reckless disregard of the principle of distinction: they are equally forbidden.

Even if, for argument’s sake, we assume that Israel’s attacks on civilians are unintentional and accordingly that the worst it can be accused of is “reckless disregard of the principle of distinction,” it is still the rankest hypocrisy to require of Hamas that it cease violent attacks yet not put a comparable requirement on Israel to cease what is “equally forbidden.”

I would argue, however, that a case could be made that Israel’s indiscriminate use of violence against civilian populations is actually worse, because far more civilians die in such attacks than from Hamas’s terrorist bombings.  To put it simply: a terrorist attack against a civilian bus limits the death and destruction to one bus, whereas “drop[ping] a one ton bomb on a densely populated neighborhood” results in the death and destruction of many buses in that neighborhood.

Yet, Israel’s defenders seek to justify and normalize indiscriminate violence against civilian populations.  Ted Belman, editor of Israpundit.com, argues:

Israel is free to employ ALL munitions, tactics, equipment and personnel in her arsenal to defend herself against the outlaw Hamas terrorist organization. Short of the intentional targeting and murder of truly uninvolved and innocent civilians, Israel can (and should) operate as freely as she desires to protect her territorial sovereignty and the lives of her citizens.

What could be clearer.

What could be clearer, indeed.  Belman argues that there is a “non-existent duty to avoid killing enemy civilians.”  So long as Israel does not “intentionally kill civilians,” it can use indiscriminate violence to kill as many civilians as it needs, “even in disproportionate numbers” on the order of “100 of them…[to] 2 of ours.”  Belman says: “To my mind that is moral.”  This is Israeli and Zionist morality.

The actual ratio is very similar: during the Gaza conflict, conservative estimates from the Israeli human rights group B’Tselem have it that 1,387 Palestinians were killed (of which at least 773 did not take part in the hostilities at all), whereas only 9 Israelis were killed (of which only 3 were civilians).  This is a ratio of more than 250 to 1.  Three civilians were killed by deadly Qassam and Grad rockets, and in response 773 civilians–who took no part in hostilities at all–were slaughtered.  This, according to the mind of Ted Belman, is “moral.”

To conclude, Jewish law permits–and Israel routinely commits–acts of violence specifically targeting civilians, which is in addition to the licence granted to wreak indiscriminate violence against civilian populations. Why is it then that all we ever talk about all day long is how Islamic law is this and that?  Why do we constantly hear serious pundits pontificating about “what’s wrong with Islam” and how Islam needs to go through a reformation, and yet we never hear a peep out of anyone about Jewish law?  Why the skewed discourse?  What gives?

The Top Five Ways Jewish Law Justifies Killing Civilians; #3: Promoting Ethnic Cleansing (II)

(image by Carlos Latuff)

Please make sure to read my disclaimer: Why Religious Zionism, Not Judaism, Is The Problem.

Read the Introduction: Does Jewish Law Justify Killing Civilians?

Previous: #3 Promoting Ethnic Cleansing (I)

On the previous page, we saw how Halakha obligates Jewish armies to “leave one side open” when they attack a Gentile city; this is to allow civilians the opportunity to flee the city.  The corollary to this is that any civilians who don’t flee are automatically considered “combatants” and “human shields” who can be licitly targeted and killed.  Not only has this concept been used by Israel to promote the ethnic cleansing of Palestine but it is also used to absolve Israel of any blame for indiscriminate violence against civilian populations.

For example, during the Gaza War in 2008-2009, Israel supposedly dropped “hundreds of thousands of leaflets” and used “telephone calls” to warn residents of Gaza to evacuate the area before Israel dropped bombs on their heads (quotes from Alan Dershowitz).  Here Dershowitz is mimicking the line by the Israeli state itself; the Israeli Ministry of Foreign Affairs claimed ”the IDF (Israeli Defense Forces) makes strenuous efforts to give advance notice to the civilian population” of impending Israeli attacks “so that they have an opportunity to leave the area.”

Dershowitz calls these “unprecedented efforts to avoid civilian casualties,” with Israeli-friendly Richard Kemp arguing that “during Operation Cast Lead, the Israeli Defence Forces did more to safeguard the rights of civilians in a combat zone than any other army in the history of warfare.”  Prof. Asa Kasher, author of the IDF Code of Conduct, argues that the Israel Defense Forces are “the most moral army in the world” (The Most Moral Army in the World™) because “[w]ho tries harder than we do to warn the neighbors [to leave a conflict zone]?”  Kasher then engages in typical Israeli self-congratulatory praise.  Israel’s America’s pro-Israeli lobby AIPAC shielded Israel from all criticism by noting that “Israel dropped hundreds of thousands of leaflets and made 250,000 phone calls to targeted areas to warn citizens they were in danger.”

But only if Israel dropped not “hundreds of thousands” of leaflets but two hundred million leaflets!  If only 500,000 phone calls were made instead of “250,000!”  Then only a crass Anti-Semite could take umbrage at the IDF’s sojourn in Gaza that killed scores of civilians.  After all, doesn’t dropping a certain number of leaflets and making so many phone calls absolve oneself from all responsibility?

What utter nonsense.  Under international law–and using one’s own common sense–it is not permissible to carpet bomb an area with impunity just because warning leaflets were dropped beforehand–no matter if four billion leaflets and ten trillion phone calls are made in advance.  These “advanced warnings” are clearly meant to absolve Israel of all guilt for killing civilians, and have nothing to do with actually saving civilian lives.

What’s more is that the leaflets or phone calls do not give any information as to where the civilians are supposed to flee from or to.  In fact, the leaflets and phone calls can be seen as nothing more than threats designed to instill terror in the civilian population.  They are part of Israel’s psychological operations, not an ethical consideration.  Electronic Intifada reproduced one such leaflet:

To the residents of the northern Gaza Strip:

The terrorist actions originating from your areas are forcing the Israel Defense Forces to respond harshly to those who are subjecting the citizens of the State of Israel to danger.

We call on the Palestinian Authority to shoulder its responsibility to prevent these criminal acts.

We warn you of the danger of remaining in the areas which are being used to launch terrorist actions and we advise you to leave your homes.

We are not responsible for the consequences if you ignore our warning.

Israel Defense Forces

I could not “independently corroborate” this report, but The Guardian documents something very similar, reporting that Gazans would be called by Israelis, saying: “You and your family are requested to leave home because the IDF intends to attack it.”  The article says further that “the pre-recorded message department of the Israeli military has been gearing up again, threatening people apparently selected at random…”  What can this be other than terror by telephone?

The Guardian reported further:

The Israeli air force today dropped leaflets on the Gaza Strip warning residents that it plans to escalate its military offensive, now in its second week.

The army said it had dropped the flyers throughout Gaza and that the notices are meant as a “general warning”.

These “general warnings” do nothing but instill panic and terror in the Palestinian population.  They don’t know when or where the attacks are coming, and where they are supposed to flee to.  Considering that all the infrastructure, including highways and major roads, were destroyed, one wonders where and how the Gazans can flee?  Certainly, they cannot flee Gaza entirely, which is blocked off on all four sides; interestingly, the “fourth side” is not left open.

In addition to aiding Israel’s psychological operations against the Palestinians, these terror leaflets and phone calls absolve Israel of all blame when it then unleashes its fury against civilian populations. They were warned, and therefore they had it coming.  Israel then carpet bombs the area with impunity, its conscious clear from all guilt.  Then, Israelis pat themselves on the back, fascinated by their superior sense of morality and how they continue to have the The Most Moral Army in the World™.

Human Rights Watch had this to say about Israel’s terror leaflets and phone calls [Note: I broke this into paragraphs to make it more readable]:

In public statements, Israeli officials have countered allegations of unlawful civilian deaths by claiming that the IDF had warned Gaza’s civilian population in advance by dropping leaflets, making telephone calls, and breaking into local radio and television broadcasts. International humanitarian law encourages armed forces to provide advance warnings of an attack when circumstances permit, but the warnings must be “effective.”

In Gaza, the IDF’s warnings were too vague, often addressed generally to the “inhabitants of the area.” Leaflets were dropped from high altitudes and scattered over wide areas; many Gaza residents told Human Rights Watch that they disregarded the leaflets because they were so common and widely dispersed.

In addition, the warnings often did not instruct civilians on what steps to take or where to find safety after fleeing their homes. With the beginning of the ground offensive on January 3, the IDF warned residents to “move to city centers,” but then some city centers, such as in Gaza City, Beit Layiha, and Jabalya, came under attack, as two of the incidents documented in this report show.  Ultimately, Gaza residents had no safe place to flee, given the closure of Gaza’s borders, enforced mostly by Israel but also by Egypt in the south.

Finally, even after warnings have been issued, international humanitarian law requires attacking forces to take all feasible precautions to avoid loss of civilian life and property. Just because an attacking force has issued an effective warning does not mean it can disregard its obligations to civilians; attacking forces may not assume that all persons remaining in an area after a warning has been issued are legitimate targets for attack.

Clearly, Jewish law (as understood by Religious Zionists) and Israeli conduct seems to think otherwise: if you warn them, you can kill them. And then, even as you wipe your blade clean of the blood just spilt, you can revel at your own greatness, your high level of morality.

How different are these leaflets and phone calls from the warnings issued by Zionist forces during the ethnic cleansing of Palestine in 1948?  Israeli historian Benny Morris writes on p.191 of The Birth of the Palestinian Refugee Problem:

Throughout, the Haganah made effective use of Arabic language broadcasts and loudspeaker vans.  Haganah Radio announced that ‘the day of judgment had arrived’ and called on the inhabitants to ‘kick out the foreign criminals’ and to ‘move away from every house and street, from every neighbourhood, occupied by the foreign ciminals’.  The Haganah broadcasts called on the populace to ‘evacuate the women, the children and the old immediately, and send them to a safe heaven’.  The vans announced that the Haganah had gained control of all the approaches to the city…

Morris calls these “psychological warfare broadcasts” designed to “stun” and cause “demoralization” of the enemy population.  The tactic worked, with terror-stricken Palestinians fleeing from their homes and villages en masse.

There is thus a continuity in Israel’s terror tactics, hardly something for pro-Israeli apologists to boast about.  The thing that makes Israelis somewhat unique is that they don’t stick to justifying their tactics, but go so far as to make outlandish claims such as being The Most Moral Army in the World™.  This is a sort of jingle that Israel’s propagandists hope will stick in our heads if they just keep repeating it often enough.  A lie repeated often enough becomes the truth.

*  *  *  *  *

Zionists seem to think that they can bomb a city with impunity once they’ve warned its inhabitants beforehand.  Certainly, this is the dominant theme in Religious Zionist circles.  In an entitled Purity of Arms, the Jerusalem Post documents the views of the “the vast majority of Religious Zionist rabbis” who think that “the IDF bears no moral responsibility” for civilian deaths in Gaza:

Most of the rabbis cited Maimonides (1135-1204), one of the most important halachic authorities in Jewish history, as proof that collateral damage, including civilian deaths, is permitted. Maimonides pointed out the obligation of a Jewish army to leave an enemy force an open route to retreat, even in an obligatory war like the one waged in the North. “Whoever wishes to escape must be allowed to escape… whoever wishes to make peace can make peace… whoever wishes to fight… is attacked until conquest is achieved,” writes Maimonides in his Laws of Kings.  Maimonides’ ruling fits the IDF’s policy of forewarning civilian populations of air attacks, thus giving them the chance to escape. However, once noncombatants have been warned, the IDF bears no moral responsibility for their lives if they are unintentionally killed along with terrorists, arms and ammunition stockpiles, according to Rabbi Nachum Rabinovitz, head of the Birkat Moshe Hesder Yeshiva and an expert on Maimonides. This is true, says Rabinovitz, even when the civilians are held against their will by Hizbullah, as was the case in many incidents, especially in predominantly Christian Lebanese neighborhoods. “It is Hizbullah’s fault if these people are killed, not ours,” says Rabinovitz, echoing the vast majority of Religious Zionist rabbis.

Previously, we saw how such views were espoused in War and Peace in the Jewish Tradition, written by the leading Orthodox Jewish minds around the world.  Here, we see that this views are “echo[ed] by the vast majority of Religious Zionist rabbis” in Israel.

* * * * *

As I stated previously:

To be fair, Israeli apologists from “liberal, secular” Judaism voice similar ideas.  Case in point: Harvard law professor Alan Dershowitz, who is one of Israel’s greatest defenders from the “liberal, secular” spectrum of the Jewish faith.  Dershowitz is credited as being “Israel’s single most visible defender” and “the Jewish state’s lead attorney in the court of public opinion.”

Prof. Alan Dershwoitz justifies ethnic cleansing in his book Chutzpah.  Norman Finkelstein writes on p.47 of Beyond Chutzpah:

Dershowitz explicitly lends support to….collective punishment such as the “automatic destruction” of a Palestinian village after each terrorist attack (“home destruction is entirely moral…among the most moral and calibrated responses”); torture such as a “needle being shoved under the fingernails” (“I want maximal pain…the most excruciating, intense, immediate pain”); and ethnic cleansing (“Political solutions often require the movement of people, and such movement is not always voluntary…[I]t is a fifth-rate issue analogous in many respects to some massive urban renewal”).

Did Finkelstein take the statement out of context, as Dershowitz later claimed?  In fact, when we look at the entire passage, it is more damning against Dershowitz.  The self-professed “civil libertarian and human rights activist” Alan Dershowitz writes on p.215 of Chutzpah:

Political solutions often require the movement of people, and such movement is not always voluntary.  Making Arab families move–intact–from one Arab village or town to another may constitute a human rights violation.  But in the whole spectrum of human rights issues–especially taking into account the events in Europe during the 1940s–it is a fifth-rate issue analogous in many respects to some massive urban renewal or other projects that require large-scale movement of people.

As can be seen, Finkelstein faithfully reproduced Dershowitz’s words.  Dershowitz responded by whining:

Another made-up quotation by Finkelstein is his claim that in my book Chutzpah I analogized “ethnic cleansings” to “urban renewal.”  I say nothing of the kind in Chutzpah.  I never even mention “ethnic cleansing.”

Dershowitz’s only response amounts to: But, I didn’t use the word ”ethnic cleansing!” It would be like someone endorsing Nazi concentration camps and gas chambers, only to protest when someone else “accused” him of supporting the Holocaust.  But I never used the word ”Holocaust.”

Is the esteemed Harvard law professor ignorant of the meaning of the word “ethnic cleansing?”  The International Criminal Tribunal for the Former Yugoslavia, a body established by the United Nations, states: “ethnic cleansing alone—that is, the forcible expulsion of the members of a protected group…”

Therefore, when Alan Dershowitz says that it wouldn’t be a big deal to “make Arab families move–intact–from one village or town to another” (which he clarifies would “not always [be] voluntary”), this is the justification of ethnic cleansing.  Dershowitz focusing on the words “ethnic cleansing” instead of the concept shows how hollow his response against Finkelstein is.

That Dershowitz is referring to nothing short of ethnic cleansing can be ascertained without a shadow of doubt from his next few paragraphs, in which he not only references other acts of ethnic cleansing, but tries to justify them (in order that he can then justify the ethnic cleansing ”forced transfer” of Palestinians); writes Dershowitz on p.216:

For example, following the end of World War II, approximately fifteen million ethnic Germans were forcibly expelled from their homes in Poland, Czechoslavakia, Hungary, Romania, Yugoslavia, and other Central and Eastern European areas where their families had lived for centuries.  Two million died during this forced expulsion. Czechoslovakia alone expelled nearly three million Sudeten Germans, turning them into displaced persons. The United States, Great Britain, and the international  community in general approved these expulsions, as necessary to secure a more lasting peace. The presence of “disloyal minorities,” or so-called fifth columns, had helped to destabilize Europe on the eve of World War II. It would be a source of increased stability if “population transfers” could produce a new Europe where Germans lived only in the two Germanies and other nations had populations that reflected their own ethnic and linguistic backgrounds. President Franklin Roosevelt’s assistant Harry Hopkins memorialized his boss’s view that although transfer of ethnic Germans “is a hard procedure,” it is the only way to maintain peace.”

The words in bold are the quintessential reasoning behind ethnic cleansing: using “population transfers” to purify the land of ethnic minorities would increase Europe’s stability and get rid of “fifth columns.”  Dershowitz goes on, justifying the “forced transfer” of “fifteen million ethnic Germans” (one wonders how the pro-Israel community would react if a German justified the ethnic cleansing of “fifteen million ethnic Jews”–do you think that such a person would still be the Felix Frankfurter Professor of Law at Harvard University?).  Writes Dershowitz:

The ethnic German populations of these European countries had included individual traitors, saboteurs, and fifth columnists.  But they had also included significant numbers of simple farmers, factory workers, and apolitical people who just happened to speak German and live in German enclaves. But since ”their people” had started the war and then lost, it was deemed appropriate for entire ethnic German communities to bear the burden of relocation in order to reduce the likelihood of future wars. On the scale of human rights violations, forced transfer of minority ethnic populations in order to enhance the stability of the region did not weigh heavily in the postwar era.

After justifying the forced expulsion of fifteen million ethnic Germans because “their people” had started the war, Dershowitz writes:

Similarly, many Arab residents of the new Jewish nation of Israel were encouraged to emigrate to Islamic countries by a combination of factors, including fear, a desire to live under Islamic rule, and political considerations.*

The exchange of populations in the Middle East served some of the same goals as the far more extensive, lethal, and systematic one that was taking place in Europe. It would remove potential fifth columns, stabilize the region, and enhance the prospects for peace.

* In assessing the morality of these transfers, it must be recalled that many Palestinian leaders supported Hitler during World War II. They also actively and successfully opposed opening the doors of Palestine to Jewish immigration during the Holocaust.  They were not–as is sometimes claimed–entirely innocent bystanders to the Holocaust. They bear some moral responsibility.

There are too many lies above to refute, but for now, let us lay to rest the issue of whether or not Alan Dershowitz is justifying the ethnic cleansing of Palestinians.  But I didn’t use the word ”ethnic cleansing!”

*  *  *  *  *

The support for ethnic cleansing runs very high among Zionist Jews, especially among Religious Zionists but also voiced by “liberal, secular” elements of the Zionist community (such as Alan Dershowitz).  Indeed, according to a survey conducted by Haifa University’s Center for the Study of National Security a majority of Israeli Jews support a policy of ethnic cleansing against Palestinians, with a quarter saying they would consider voting for the Kahanist party Kach, known for its vocal support of ethnic cleansing as a resolution to the conflict.

As we have seen, Jewish law and war ethics permit shedding the blood of civilians who directly and indirectly “support and encourage” the war effort (even if just by “mere words”), as well as those civilians–women, children, and babies included–who passively support hostilities.  ”Passive” support refers to the mere act of living in the same city as a terrorist or militant.  ”Even babes in their mothers’ arms are to be killed” (these are the words of Rabbi Michael J. Broyde who was quoting, and agreeing with, Rabbi Ya’akov Ariel on p.24 of War and Peace in the Jewish Tradition).  This is the Zionist Jewish justification for collective punishment.

Collective punishment is taken to its logical conclusion, with the endorsement of ethnic cleansing.  Besieged civilians who “refuse” to leave the city (such as the stubborn “babes in their mothers’ arms”) are licit to kill.  It seems then that, under Jewish law, the only type of civilian that is protected from harm or death–and this too is something debatable–is the one who flees his homeland.  Everyone else can be slaughtered.  In other words, Halakha offers the enemy civilian population two options: flee or die.  The choice is between ethnic cleansing and massacre.  Pick your poison.

Note: The next part of this series will be published shortly.

The Top Five Ways Jewish Law Justifies Killing Civilians; #3: Promoting Ethnic Cleansing (I)

(image by Carlos Latuff)

Please make sure to read my disclaimer: Why Religious Zionism, Not Judaism, Is The Problem.

Read the Introduction: Does Jewish Law Justify Killing Civilians?

Previous: #2 Collective Punishment is Kosher, pages I, II, III, and IV

We have seen previously (see pages IIIIII, and IV) how Halakha permits collective punishment.  It is perhaps no surprise then that ethnic cleansing, the logical conclusion of collective punishment, is also facilitated.

When a Jewish army is about to attack a Gentile city, it must issue an ultimatum offering the besieged population three options: (1) flee, (2) subservience and tribute, or (3) war and death.  To this effect, Rabbi Michael J. Broyde cites the great Maimonides on p.20 of War and Peace in the Jewish Tradition in a section entitled “The Civilian, the Siege, and the Standard of Conduct:”

Mamoinides states:

Joshua, before he entered the land of Israel, sent three letters to its inhabitants. The first one said that those that wish to flee [the oncoming army] should flee. The second one said that those that wish to make peace should make peace.  The third letter said that those that want to fight a war should prepare to fight a war should prepare to fight a war.

As for the second option of “peace,” this is clarified on p.212:

Before undertaking the siege of a hostile city, offers of peace must be undertaken.  The terms are subservience and tribute.

Here, we come to understand an interesting Jewish war ethic: the prohibition to surround a city on all four sides.  Writes Broyde on pp.20-21:

Maimonides codifies a number of specific rules of military ethics, all based on Talmudic sources:

When one surrounds a city to lay siege to it, it is prohibited to surround it from four sides; only three sides are permissible.  One must leave a place for inhabitants to flee for all those who wish to abscond to save their life.

Broyde clarifies:

I would add, however, that I do not understand Maimonides’ words literally.  It is not surrounding the city on all four sides that is prohibited–rather, it is the preventing of the outflow of civilians or soldiers who are seeking to flee.  Of course, Jewish law would allow one to stop the inflow of supplies to a besieged city through this fourth side.

Sounds pretty ethical, right?  But here’s the rub: because Halakha commands the Jewish military to always allow civilians to flee the city, those civilians who fail to do so automatically forfeit their civilian status and are classified as combatants.  Writes R. Broyde on p.22:

This approach [allowing civilians to flee] solves another difficult problem according to Jewish law: the role of the “innocent” civilian in combat.  Since the Jewish tradition accepts that civilians (and soldiers who are surrendering) are always entitled to flee from the scene of the battle, it would logically follow that all who remain voluntarily are classified as combatants, since the opportunity to leave is continuously present.  Particularly in combination with Joshua’s practice of sending letters of warning in advance of combat, this legal approach limits greatly the role of the doctrine of “innocent civilian” in the Jewish tradition. Essentially, the Jewish tradition feels that innocent civilians should do their very best to remove themselves from the battlefield, and those who remain are not so innocent.  If one voluntarily stays in a city that is under siege, one assumes the mantle of combatant. [90]

In footnote 90, Broyde says that “I would apply this rule in modern day combat situations to all civilians who remain voluntarily in the locale of the war in a way which facilitates combat.”  Translation: these Arab civilians who don’t flee for their lives when Israel invades them are “not so innocent” and “assume[] the mantle of combatant.”

This disturbing Jewish war ethic finds itself in the introduction of War and Peace in the Jewish Tradition, on p.xvii-xviii:

Of course, Jewish law sometimes demands overtures prior to declaring war to afford all who wish the opportunity to depart (known in Halakhah as the duty to surround on only three sides). Those who remain, however–including sympathetic civilians–are no longer innocents, and their death, when militarily necessary, is according to Broyde unfortunate but halakhically proper.

The phrase “including sympathetic civilians” implies quite clearly that also included in this are those other than sympathetic civilians–anyone who “voluntarily” stays behind.  One wonders: do Israeli rockets stop before they detonate on Palestinian heads, and ask them: “Are you voluntarily staying behind or not?”  In reality, there is no way to know how who stays behind voluntarily or not–they are all licit to slaughter.  Of course, any civilian deaths are of course “unfortunate,” something that Palestinians take great solace in knowing.

Israel routinely launches massive operations against Palestinians, often warning the civilians beforehand with leaflets and telephone calls.  By so warning, the Israelis absolve themselves of all culpability: the civilians who refuse to flee their homes are no longer innocent in Israeli eyes and become licit to kill.  Scores of Palestinians subsequently die and then the Israelis pat themselves on the back for being so moral: look at how moral and ethical we are that we actually warn civilians ahead of time that we are going to bomb them.

In a similar vein, Rabbi Broyde and other Jewish religious authorities indulge themselves in self-congratulatory awe about how immensely moral and ethical Halakha is in this regard: Jewish law has such a great emphasis on protecting civilians that we have an obligation to leave a fourth side open for them; we are so great and ethical.  Yet,  Nahmanides elaborates on this obligation in a way that clearly explains the moral rationale behind “leaving a fourth side open,” saying (as quoted on p.21 of War and Peace in the Jewish Tradition):

God commanded us that when we lay siege to a city that we leave one of the sides without a siege so as to give them a place to flee to.  It is from this commandment that we learn to deal with compassion even with our enemies at a time of war; in addition, by giving our enemies a place to flee to, they will not charge at us with as much force.

Rabbi Shaul Israeli, considered  “one of the most important rabbis of the Religious Zionist school of thought” and author of the influential monograph on civilians in the Jewish war ethic, noted that Maimonides [alternately known as Rambam] came to the same conclusion as Nahmanides did: the obligation to leave a fourth side open is of military benefit to the Jewish army. Rabbi Gil Student writes:

[Rabbi Shaul Israeli] explains that according to the Rambam this rule is a military tactic, i.e. the best way to create a siege is to leave a side open so the fighters have an escape route and do not need to fight to the end.

This seems to be the real rationale for the rule obligating “a fourth side” open: it facilitates the speedy and efficient removal of a native population, the necessary component of ethnic cleansing.  ”Humanitarian” concern seems to have very little to do with this, since the rule was derived from the Biblical Joshua, who slaughtered the inhabitants of a city when he conquered it.

It is true that Joshua offered some civilian populations the opportunity to flee before he invaded them (which he did by leaving open one side of the city).  But if this was done out of compassion for them, then why did Joshua kill the civilians within the city once he conquered it?  Therefore, it seems that this rule is a tactical maneuver to facilitate ethnic cleansing.

That this has very little to do with “humanitarian concern” can be gleaned from the fact that the rule to leave a side open is only to be enforced when it is beneficial from a tactical standpoint to do so.  Rabbi Shaul Israeli notes that “Rambam [said] this rule is a military tactic” but that also “this is a humanitarian law.” R. Israeli reconciles these two statements by saying: “Therefore, according to the Rambam this rule only applies when the tactic is [militarily] appropriate,” in which case it is understood to be humanitarian too.  How very convenient.

One sees this convenience in modern day Israel: during the illegal siege of Beirut (in Lebanon) by Israeli forces, a heated discussion took place about its legality from a Halakhic perspective.  The overwhelming opinion was that the action was permitted under Jewish law.  Rabbi Shaul Israeli argued that not only was the rule to leave a side open applicable only when it was tactically useful to do so, but also that the rule simply did not apply to “Obligatory wars,” a special class of war under Jewish law.  (There is widespread consensus that Israel’s wars today are considered Obligatory wars.)

Prof. Arye Edrei writes in Divine Spirit and Physical Power:

The message inherent in Rabbi [Shaul] Yisraeli’s argument is clear: the law to leave the fourth side open is not applicable today.

By linking the rule to tactical benefit, Jewish law is pliable enough to permit facilitation of “forced transfer of Palestinians” (Israeli euphemism for ethnic cleansing) when convenient–and massacre when desired.

Of note is that, for all their self-congratulatory awe at how immensely moral Jewish law is for demanding leaving a side of the city open for civilians, Religious Zionist rabbis are in the lead calling for more regressive methods against Palestinians.  It is certainly the rare exception that any of them would call the Israeli siege of Palestinians sinful or blameworthy.

Even Rabbi Shlomo Goren, who voiced the opposing view that it is imperative to leave a fourth side open in Obligatory wars, believed that “the Israeli army fulfilled this commandment in the siege of Beirut.”  Similarly, the vast majority of Israeli religious leaders gave their blessing to the Gaza blockade.

*  *  *  *  *

From its birth to the present day, Israel has used this warped mentality to facilitate ethnic cleansing and the slaughter of civilians.  During the ethnic cleansing of Palestine in 1948-1949, Zionist forces efficiently emptied over four-hundred Palestinian villages and cities.  Israeli historian Ilan Pappe writes on p.101 of The Ethnic Cleansing of Palestine that Jewish forces “tried to force a swift departure” of the indigenous Palestinian population “by issuing an ultimatum to the people to leave their homes.”  On p.133, Prof. Pappe writes:

The [Jewish] brigade usually closed in on villages from three flanks, tactically creating an ‘open gate’ on the fourth flank through which they could drive the people out.

This rule (of “leaving the fourth side open”) and its important corollary (whoever refuses to leave “assumes the mantle of combatant”) continue to be exploited by Israel today.  Palestinians who refuse to flee are accused of willingly converting themselves into “human shields.”

Such views are articulated by leading Israeli intellectuals, such as Prof. Asa Kasher (author of the much touted Code of Conduct of the Israel Defense Forces).  Nadene Goldfoot summarizes Prof. Asa Kasher’s views: “If people don’t leave the combat zone they become a human shield for the terrorists and thus becomes part of the war.”  Kasher’s quote can be found in the Jewish Post, in which he accuses a civilian who “doesn’t want to leave” of “turn[ing] into the human shield of the terrorist.”

What could possibly be more morbid than placing the blame on the victim?  But this is exactly what Israel’s apologists do.  To add another layer to the absurdity, they then revel at their own magnificence, at how morally superior they are–how they have The Most Moral Army in the World™.

Is it really any surprise that the Jewish tradition promotes ethnic cleansing, considering that this is an overwhelmingly prevalent theme throughout the Bible?   (See parts 123456-i6-ii6-iii6-iv789-i, and 9-ii of LoonWatch’s Understanding Jihad Series.)  But always remember: Islam is uniquely violent.

Note: The next page of “Promoting Ethnic Cleansing” will be published shortly.

The Top Five Ways Jewish Law Justifies Killing Civilians; #2: Collective Punishment is Kosher (IV)

Please make sure to read my disclaimer: Why Religious Zionism, Not Judaism, Is The Problem.

Read the Introduction: Does Jewish Law Justify Killing Civilians?

Previous: #2 Collective Punishment is Kosher (III)

We have just seen how the mainstream, Orthodox Jewish rabbinical leadership in Israel justifies collective punishment.  However, as I noted previously, it is important to remember that

Israeli apologists from “liberal, secular” Judaism voice similar ideas.  Case in point: Harvard law professor Alan Dershowitz, who is one of Israel’s greatest defenders from the “liberal, secular” spectrum of the Jewish faith.  Dershowitz is credited as being “Israel’s single most visible defender” and “the Jewish state’s lead attorney in the court of public opinion.”

In a 2002 article in the Jerusalem Post, Prof. Alan Dershowitz argued that the Israeli government should not only destroy Palestinian homes but entire villages, arguing that Israel should

announce the first act of terrorism following the moratorium will result in the destruction of a small village which has been used as a base for terrorist operations. The residents would be given 24 hours to leave, and then troops will come in and bulldoze all of the buildings.

The response will be automatic. The order will have been given in advance of the terrorist attacks and there will be no discretion. The point is to make the automatic destruction of the village the fault of the Palestinian terrorists who had advance warnings of the specific consequences of their action. The soldiers would simply be acting as the means for carrying out a previously announced policy of retaliation against a designated target.

Further acts of terrorism would trigger further destruction of specifically named locations. The “waiting list” targets would be made public and circulated throughout the Palestinian-controlled areas. If this automatic policy of destroying targets announced in advance is carried out with the full support of the entire government, including those who are committed to a resumption of the peace process, a clear message will be sent to the Palestinian people: Every time terrorists blow themselves up and kill civilians, they are also blowing up one of their own villages.

In other words, whenever a Palestinian suicide bomber kills a few Israeli civilians, Israel will respond by decimating an entire village.  This is not too different from Rabbi Shmuel Eliyahu’s call to incur Palestinian civilian deaths–”whatever it takes to make them stop.”

Norman Finkelstein writes on pp.175-176 of Beyond Chutzpah:

Indeed, [Alan Dershowitz] advocates not only individual house demolitions, but also “the destruction of a small village which has been used as a base for terrorist operations” after each Palestinian attack.  ”The response will be automatic.”  Such massive destruction, he concludes, will further “the noble causes” of reducing terrorism and promoting peace…It is hard to make out any difference between the policy Dershowitz advocates and the Nazi destruction of Lidice, for which he expresses abhorrence–except that Jews, not Germans, would be implementing it.

Lidice was a village destroyed by Nazi forces in retaliation for the murder of a Nazi official.  One finds it difficult not to see the similarity between the policy of retaliating against Palestinians by destroying their villages and what happened to Lidice.  Indeed, this comparison was first invoked by the Israelis themselves.  Finkelstein writes:

The association of destroying villages with Lidice occasionally crops up in the history of Zionism. In his study of the first Arab-Israeli war, The Birth of the Palestinian Refugee Problem Revisited (2004), Benny Morris reports: “As Jewish losses mounted [in December 1947], the policy-makers’ and, in some localities, local Haganah commanders’ hearts grew steadily harder… Binyamin Mintz, the leader of the orthodox Po’alei Agudat Yisrael Party, said with respect to a certain village in the Negev: ‘If the possibility arises of evicting all its inhabitants and destroying it, this must be done.’ (But Sapir, the mayor of Petah Tikva and a major orange-grove owner, argued against destroying whole villages, ‘even small [ones]… This recalls Lidice – [and] here is food for thought.’)” (pp. 73-4)

One thing pro-Israeli apologists cannot tolerate whatsoever is Nazi comparisons (only they are allowed to compare this and that Arab/Muslim leader to Adolf Hitler).  Therefore, it was no surprise that Alan Dershowitz defended himself from these “outrageous” charges, saying: “In Finkelstein’s world, ‘destroying empty houses’ in order to deter terrorism is the equivalent of genocide.”

Of course, Norman Finkelstein never equated this to “genocide.”  Alan Dershowitz’s policy would constitute a war crime, a massacre, and an act of ethnic cleansing (running an entire village out of their homes is ethnic cleansing)–but not genocide.  That Dersowitz supports ethnic cleansing but not genocide is hardly reassuring.  It is the difference of being a supporter of rape but not murder.  Furthermore, Alan Dershowitz’s defense is misleading.  His initial statement clearly stated that “there will be no distinction.”  The obvious and apparent reading of Dershowitz’s words in the Jerusalem Post article clearly indicates that civilians will be killed if they do not vacate their homes–and that these deaths will be blamed on Palestinian terrorists.

One can gauge Alan Dershowitz’s level of morality by noting that he defends himself from accusations of supporting Israeli massacres by clarifying his position as only supporting the ethnic cleansing of Palestinian villages.  Pick your poison, Prof. Dershowitz; either way, you are a promoter of war crimes.  Both options constitute collective punishment.

*  *  *  *  *

That the “liberal, secular” Dershowitz and the Orthodox Jewish Rabbi Eliyahu endorse collective punishment is hardly surprising when we consider that a majority of Israeli Jews support using methods of collective punishment against Palestinians.  On p.345 of Beyond Chutzpah, Finkelstein cites a 2003 study (by the Israel pollster Asher Arian) that found 88% of Israelis supporting house demolitions (in the words of Alan Dershowitz on p.xxxv of The Case for Israel ”home destruction is entirely moral”).  It seems that an even greater percentage of Israelis support carpet bombing of civilian populations, evidenced by the overwhelming support for the Gaza Massacre; in this regard, the Jerusalem Post notes one such poll which

found that 92% of Israeli Jews justify the air force’s attacks in Gaza despite the suffering of the civilian population in the Strip and the damage they cause to infrastructure

Support for using nuclear strikes is also high, with an astronomical 72% of Israelis endorsing such tactics; meanwhile, Israel had the “lowest public support for destroying nuclear arms” out of the countries polled.  Compare this to those warlike, militant Iranians: a majority of Iranians (58%) opposed acquiring nuclear weaponry, citing nuclear warfare as “un-Islamic,” with “nearly three out of four (72%) say[ing] they support the goal of eliminating nuclear weapons as stated in the NPT.”

*  *  *  *  *

With such warlike attitudes dominating in Israeli religious and political discourse, it is hardly surprising to find the Tel Aviv newspaper Yedioth Ahronoth, the most widely circulated paper in Israel, running an op-ed from its then editor-in-chief calling “to erase villages,” imploring God: “may their innocents die instead of ours.” Included in this death plea were “[Hizbullah’s] helpers, their collaborators, the ones who turn a blind eye, and all those in contact with Hizbullah.”  They are all guilty.

Such views, widely expressed in Israeli society, are perfectly aligned with the rabbinical tradition.  In The Treatment of Hostile Civilian Populations: The Contemporary Halakhic Discussion in Israel, Prof. Ya’akov Blidstein quotes the influential fifteenth-century Talmudic scholar, the Maharal of Prague, who argued:

Even though there are many who did not do [anything], this makes no difference.  As they belong to the same nation which did them harm, [it is] allowed to wage war against them.

The Maharal noted that “thus it is in all wars.”  Blidstein then quotes Rabbi Shaul Israeli who says:

The halakhah allows war with Gentiles, and then this prohibition against causing harm to life is necessary nullified.  Nor have we found in war that there is any obligation to be careful and to discriminate between blood and blood [combatants vs. civilians].

Yet, discriminating “between blood and blood” is the essence of morality in war.  Yoram Dinstein, a world-renowned expert on international law and the laws of war, opines: “The preservation of this sharp dichotomy is the main bulwark against methods of barbarism in modern warfare” (as quoted on p.xvi of Beyond Chutzpah).  Collective punishment is not just morally bankrupt–it is pure barbarism.

Could it then be argued that Sharia jihad Quran Halakha, as understood by Modern Orthodoxy, is barbaric?  Or that it is incompatible with the just war theory?  The Yesha Rabbinical Council of Israel (which oversees the Jewish communities in “Judea, Samaria, and the Gaza Strip”) certainly thinks so, issuing the following statement:

According to Jewish law, during a time of battle and war, there is no such term as ‘innocents’ of the enemy.

All of the discussions on Christian morality are weakening the spirit of the army and the nation and are costing us in the blood of our soldiers and civilians.

But always remember: it is Islam that is so uniquely violent.

Note: The next part of this series will be published within 24-72 hours.

The Top Five Ways Jewish Law Justifies Killing Civilians; #2: Collective Punishment is Kosher (III)

Please make sure to read my disclaimer: Why Religious Zionism, Not Judaism, Is The Problem.

Read the Introduction: Does Jewish Law Justify Killing Civilians?

Previous: #2 Collective Punishment is Kosher (II)

Far from teaching an ethos of forgiveness, Jewish law–as understood by Orthodox Judaism in Israel–encourages revenge and retaliation.  In this vein did Chief Rabbi of Safed in Israel, Rabbi Shmuel Eliyahu, call for “state-sanctioned revenge” against Arabs.  The Israeli newspaper Haaretz reported:

The chief rabbi of Safed, Rabbi Shmuel Eliyahu, is calling on the government to carry out “state-sanctioned revenge” against Arabs in order to, in his words, restore Israel’s deterrence.

Rabbi Eliyahu bellowed:

It’s time to call the child by its name: Revenge, revenge, revenge. We mustn’t forget. We have to take horrible revenge for the terrorist attack at Mercaz Harav yeshiva.

He said this was necessary because the Arabs “understand very well the language of revenge.”  It is, of course, a widely held (racist) belief in Israel that Arabs understand only one language: violence.

Once again, the urge of pro-Israeli apologists in the United States is to claim that Rabbi Shmuel Eliyahu is some fringe, radical element.  And once again, this would be misleading.  Not only does Eliyahu hold the position of Chief Rabbi in Safed, a city in the Northern District of Israel, but he is widely recognized as one of the leaders of Religious Zionism.  Israel National News, part of Arutz Sheva (an Israeli media network aligned with Religious Zionism), refers to Eliyahu as one of the “top rabbis in the religious-Zionist camp.”  Ynetnews, the English website of Israel’s most-read newspaper, calls him “a prominent religious Zionism leader.”  Haaretz refers to R. Eliyahu as one of a group of “prominent rabbis.”  And TorahMusings.com finds him prominent enough to reference for religious guidance.

Rabbi Shmuel Eliyahu argued for a policy of ”hanging the children of the terrorist who carried out the attack in the Mercaz Harav yeshiva from a tree.”  (How much different is this than official Israeli policy of destroying the homes of (alleged) terrorists, with their children in it?)

R. Eliyahu went further and called for carpet bombing against civilian populations, saying:

And if they do not stop after 1,000 [deaths] then we must kill 10,000. If they still don’t stop we must kill 100,000, even a million. Whatever it takes to make them stop.

Rabbi Shmuel Eliyahu’s father, Rabbi Mordechai Eliyahu, voiced similar views, arguing in a letter that “all civilians living in Gaza are collectively guilty.”  He further argued that “there was absolutely no moral prohibition against the indiscriminate killing of civilians during a potential massive military offensive on Gaza…” R. Mordechai Eliyahu opined:

According to Jewish war ethics, an entire city holds collective responsibility for the immoral behavior of individuals.  In Gaza, the entire populace is responsible because they do nothing to stop the firing of Kassam rockets.

The late Mordechai Eliyahu (1929-2010) was the Sephardi Chief Rabbi of Israel.  He was the religious head of the entire Sephardic Jewish population in the country.  Would our opponents claim that he too was a marginal fringe, radical character?

This highly-esteemed Sephardi Chief Rabbi of Israel had this to say about “revenge:”

Even when we seek revenge, it is important to make one thing clear – the life of one yeshiva boy is worth more than the lives of 1,000 Arabs. The Talmud states that if gentiles rob Israel of silver they will pay it back in gold, and all that is taken will be paid back in folds, but in cases like these there is nothing to pay back, since as I said – the life of one yeshiva boy is worth more than the lives of 1,000 Arabs.

An article in the Jerusalem Post summarizes these abhorrent views [formatting note: I have broken up the article into paragraphs to make it more readable and less of an eyesore]:

Eliyahu advocates carpet bombing Gaza
Says there is no moral prohibition against killing civilians to save Jews.

All civilians living in Gaza are collectively guilty for Kassam attacks on Sderot, former Sephardi chief rabbi Mordechai Eliyahu has written in a letter to Prime Minister Ehud Olmert. Eliyahu ruled that there was absolutely no moral prohibition against the indiscriminate killing of civilians during a potential massive military offensive on Gaza aimed at stopping the rocket launchings.

The letter, published in Olam Katan [Small World], a weekly pamphlet to be distributed in synagogues nationwide this Friday, cited the biblical story of the Shechem massacre (Genesis 34) and Maimonides’ commentary (Laws of Kings 9, 14) on the story as proof texts for his legal decision.

According to Jewish war ethics, wrote Eliyahu, an entire city holds collective responsibility for the immoral behavior of individuals.  In Gaza, the entire populace is responsible because they do nothing to stop the firing of Kassam rockets.

The former chief rabbi also said it was forbidden to risk the lives of Jews in Sderot or the lives of IDF soldiers for fear of injuring or killing Palestinian noncombatants living in Gaza. Eliyahu could not be reached for an interview.

However, Eliyahu’s son, Shmuel Eliyahu, who is chief rabbi of Safed, said his father opposed a ground troop incursion into Gaza that would endanger IDF soldiers. Rather, he advocated carpet bombing the general area from which the Kassams were launched, regardless of the price in Palestinian life.

“If they don’t stop after we kill 100, then we must kill a thousand,” said Shmuel Eliyahu. “And if they do not stop after 1,000 then we must kill 10,000. If they still don’t stop we must kill 100,000, even a million. Whatever it takes to make them stop.”

In the letter, Eliyahu quoted from Psalms. “I will pursue my enemies and apprehend them and I will not desist until I have eradicated them.” Eliyahu wrote that “This is a message to all leaders of the Jewish people not to be compassionate with those who shoot [rockets] at civilians in their houses.”

As we have seen, these views are held by mainstream Modern Orthodox Judaism, enshrined in War and Peace in the Jewish Tradition, that notable work produced by the leading Orthodox Jewish luminaries from all over the world.  Controversy surrounded Rabbi Shmuel Eliyahu’s statements only because of the way he expressed them: too directly and too bluntly; more importantly, he was unfortunate enough to catch media attention in a time Israel was on the receiving end of international criticism.

R. Eliyahu clarified his position, saying:

I’m not talking about individual people in particular [to take revenge], I’m talking about the state.

This clarification makes it clear that Eliyahu’s stance lines up properly with Jewish orthodoxy.  Prof. Gerald J. Blidstein writes in The Treatment of Hostile Civilian Populations: The Contemporary Halakhic Discussion in Israel:

The killing of civilians is acceptable, provided it is initiated by sovereign authority [the Israeli government], not by individuals taking the law (quite literally) into their own hands.

Mainstream Orthodoxy does not differ with the “Jewish Underground” in principle over the killing of Arab civilians.  Instead, the difference is only in that the latter permits the individual to carry out these acts, whereas the former restricts that “right” to the government.

Certainly, revenge in war is something accepted by Religious Zionism.  Rabbi Moshe Zemer writes in Evolving Halakhah:

Rabbi [Shaul] Yisraeli’s summary leaves no room for doubt: It follows that there is a place for reprisal actions and revenge against the enemies of Israel and that such action falls into the category of an Obligatory War.

Rabbi Michael J. Broyde, like Rabbi Shmuel Eliyahu, justifies collective punishment by invoking Biblical narratives.  In one particular story, seven innocents are killed in retaliation for an injustice. Writes Broyde on pp.5-6 of War and Peace in the Jewish Tradition:

The Talmud makes no mention of the fact that the underlying act [of retaliation]–the murder of seven absolutely innocent people as an act of retaliation–violates the Jewish rules of murder.  The reason that is so is clear.  This retaliatory conduct in wartime does not violate any such prohibition.

Broyde concludes that “retaliation when done to teach a lesson is not a general violation of Jewish law.”  Rabbi Norman Lamm adds helpfully (on p.235):

In contemporary society, vengeance is considered morally objectionable.  Recently, however, scientists have discovered revenge can be quite “normal” and often plays a positive role in human relations.

This “positive role” includes the merciless slaughter of innocent civilians.

Next: #2 Collective Punishment is Kosher (IV)

The Top Five Ways Jewish Law Justifies Killing Civilians; #2: Collective Punishment is Kosher (II)

(image by Carlos Latuff)

Please make sure to read my disclaimer: Why Religious Zionism, Not Judaism, Is The Problem.

Read the Introduction: Does Jewish Law Justify Killing Civilians?

Previous: #2 Collective Punishment is Kosher (I)

In The Treatment of Hostile Civilian Populations: The Contemporary Halakhic Discussion in Israel, Prof. Ya’acov Blidstein cites Rabbi Yoezer Ariel’s opinion that the Israeli government–but not the Israeli citizen–is permitted to target and kill civilians in order to incur a collective punishment on the enemy population.  Blidstein notes that this is accepted as the “moderate” opinion–and the mainstream one–in Religious Zionism.  It is moderate in relation to the more extreme view taken by the Jewish Underground, which permits individual Israeli citizens to take the law into their own hands.

Blidstein writes that Rabbi Yoezer Ariel’s view allowed

for the deliberate killing of citizens in times of war.  However, the term “at times of war” is itself critical.  According to Rabbi Ariel, war may only be conducted by “a king or by the public, whose authority is like that of a king,” a condition already hinted at in the words of Rabbi H. D. Halevi.  There is no state of war without such an authorized decision [from the king or its equivalent]; hence, “an individual may not declare war [on his own].”  Rabbi Ariel interprets Maimonides’s references to the event [of Dina] in a similar way.

Blidstein concludes:

On the whole, then, the thrust of [Rabbi Yoezer] Ariel’s article is pragmatic, not principled.  The killing of civilians is acceptable, provided it is initiated by sovereign authority, not by individuals taking the law (quite literally) in their own hands.

What is more disturbing is that the great Maimonides does not restrict this permission to the government; writes Blidstein:

Rabbi [Yoezer] Ariel admits that this approach is not shared by all the medieval authorities.  It does not reflect, for example, the Maimonidean attitude toward the subject; Maimonides allows–and even encourages–the individual to act. However, Ariel argues, the vast majority of the rishonim did not concur with this view, recognizing as legitimate such action only on the part of the state, and not the individual.  This is true even if study of the sources which he cites indicates a more complex study.

So, we have an accepted, minority view–held by Maimonides no less–that individuals (such as Israeli settlers) are permitted to kill civilians as a form of collective punishment.  Meanwhile, the so-called “moderate,” mainstream opinion is that this right rests with the Israeli state alone.  (Note, however, that Blidstein is hesitant to agree with Ariel’s claim that “the vast majority of the rishonim [the “classical” halakhic authorities] did not concur with this view,” arguing that the reality is much more “complex.”  What one can glean from this is that there were other rabbinical authorities of the past who permitted individual Jews to kill non-Jews, who can be quoted by the Jewish Underground types.)

It should also be pointed out in The Orthodox Forum’s annual book War and Peace in the Jewish Tradition, Rabbi Michael J. Broyde rejects Rabbi Shlomo Goren’s view that collective punishment (even against babies) is prohibited.  Indeed, Prof. Ya’akov Blidstein notes that Goren’s view was not taken seriously by other Religious Zionist rabbis because it “is not based upon Talmudic sources,” which “naturally weakens its halakhic impact and authority.”

Rabbi Shlomo Goren was the first Chief Rabbi of the IDF.  Although he had some very extreme views (such as calling it a “tragedy” that Jews did not “blow up” the Dome of the Rock Mosque and Al-Aqsa Mosque–a view held by the Jewish Underground), with regard to “collective punishment” he held the non-Talmudic view.

Yet, by Operation Cast Lead (the Gaza War) in 2009, the IDF rabbinate had shifted to the right.  The new Chief Rabbi of the IDF, Avichai Rontzki, issued statements in line with the majority view among Religious Zionists, commanding soldiers that “no mercy should be shown” to the enemy (the Gazan population).  An “IDF rabbinate publication” quoted the works of Rabbi Shlomo Aviner saying “When you show mercy to a cruel enemy, you are being cruel to pure and honest soldiers.”  To make it very clear that “the enemy” referred to here was the civilian population, the IDF publication likened the Palestinians to the Bible’s Philistines, who were exterminated to clear the land for the Jews.

When an Israeli human rights group cried foul at this IDF publication, the Israeli government scrambled to do damage control.  Naturally, their “investigation” claimed that the publication was distributed only in a few isolates places and had not been properly vetted.  Western news outlets reassured us that Rabbi Shlomo Aviner was just an “ultra-nationalist,” a fringe, radical element in Israel.

Yet, Rabbi Shlomo Aviner is not some fringe, radical element in Israel.  Instead, he is a well-respected rabbi of Modern Orthodox Judaism in Israel.  As the Jerusalem Post notes, R. Aviner “is considered one of the spiritual leaders of the Religious Zionist movement.”  The Jewish Daily Forward calls him “one of the leading Religious Zionist rabbis.”  Ynetnews, the English website of Israel’s most-read newspaper, calls him ”one of Religious Zionism’s leading rabbis.”  Haaretz calls him “a leading Yesha rabbi” and “one of religious Zionism’s most influential rabbis.” Israel National News, part of Arutz Sheva (an Israeli media network aligned with Religious Zionism), calls Aviner “a well-respected rabbinical authority within much of the religious-Zionist sector.”

TorahMusings.com, an extremely popular blog supervised by Orthodox rabbis, says:

To place R. [Shlomo] Aviner into contemporary society, he is on the left wing of right wing Religious Zionists.

Left wing?  One can only imagine what the right wing is.  In other words, Rabbi Shlomo Aviner is perfectly in the mainstream of Religious Zionism–nay, he is one of its “spiritual leaders.”

R. Aviner is well-respected in Orthodox circles.  He has written articles that appear on many mainstream Jewish and mainstream Orthodox Jewish websites, including The Jerusalem PostOrthodox Union website (ou.com), Israel Nation News, and TorahMusings.

Aside from this, of course, Rabbi Shlomo Aviner is the rosh yeshiva (dean) of the Ateret Cohanim Yeshiva, a Religious Zionist Talmudic academy in Jerusalem that fundraisers in the United States.  It is the same institution where Rabbi Abraham Kook, the “main ideologue of modern religious Zionism,” sent his son to study.  Shlomo Aviner is also the Chief Rabbi of Beit El.  He can hardly be considered a fringe character.

Indeed, R. Shlomo Aviner moves in the same circles as the Modern Orthodox rabbis of The Orthodox Forum and the authors of War and Peace in the Jewish Tradition.  On TorahMusing’s website, we find that Rabbi Shlomo Aviner shared the same podium in New York state with none other than Rabbi Michael J. Broyde and Rabbi Norman Lamm.

Yet, when this controversy broke about the IDF’s chief rabbi using a publication with quotes from Rabbi Shlomo Aviner, Israel’s defenders in the West tried to portray R. Aviner as some “ultra-nationalist” fringe lunatic.  Yet, this is clearly misleading.  One should hardly be surprised, considering that I have found virtually the exact same views in the book written by The Orthodox Forum, which is the combined work of Orthodox Jewish experts from around the world.  The only difference, of course, is that (1) R. Aviner’s wording is more direct and frank, whereas The Orthodox Forum says the same thing but in a more “sophisticated,” intellectual way; (2) Aviner was unfortunate enough to catch the media’s attention during the Gaza controversy.  It is the latter reason that forced Israeli apologists to throw him under the bus and take one for the team.

*  *  *  *  *

What then does Rabbi Shlomo Aviner, the “left-wing” of the Religious Zionist right, argue?  He argues that “Purity of Arms” applies only to Jewish civilians.  He says on his very own website (emphasis added):

We are all for “Purity of Arms” and for saving citizen lives. But which civilians? Our civilians

Aviner concludes by saying: “They are guilty, we are not.”  He also extends “purity of arms” to Jewish soldiers (but not to Palestinian civilians).  In a question and answer section, Rabbi Aviner argues that “purity of arms” refers to protecting the lives of Jewish soldiers, not to Palestinians.  He warns: “Don’t tarnish the purity of arms with the blood of our own soldiers.”

Rabbi Shlomo Aviner writes:

The Mechilta (halachic midrash) says “The best of the non-Jews should be killed.”

He clarifies that “this statement refers to a time of war,” at which time “even a ‘pleasant’-seeming non-Jew is killed.”  He justifies carpet bombing civilian populations, saying “it is permissible according to the Halachah based on the law of ‘rodef.’”  The entire civilian population, including children and babies, acquires the title of “rodefim” and is thus licit to kill.

Where have we heard all this before?  In fact, it is the exact same argument heard in “the contemporary halakhic discussion in Israel.” Is it not misleading then to categorize Rabbi Shlomo Aviner’s views on this subject to be the rantings of some fringe “ultra-nationalist” extremist?  R. Aviner did not make this view out of thin air; rather, he points out that ”this is also the ruling of Ha-Rav Shaul Yisraeli in the book ‘Amud Ha-Yemini’ at the end of chap. 16.”  He is here citing the tract written by Rabbi Shaul Israeli, who justified the Qibya Massacre in 1953, in which two-thirds of the victims were women and children.   R. Israeli’s influential tract has been used to justify killing civilians from the early years following Israel’s birth all the way to the Gaza Massacre in 2008-2009.

Next: #2 Collective Punishment is Kosher (III)