israel trying to silence whistle blowers on war crimes

May 24th, 2016

Awake Goy

Breaking the Silence activists hold signs saying ‘this is what the occupation looks like’ at a rally against incitement, Tel Aviv, December 2015. Photo by Moti Milrod

An urgent message from Breaking the Silence

By Yuli Novak, Executive Director, Breaking the Silence.
By email

May 21, 2016

Dear Friends,

I am saddened to update you with some worrying developments that are taking place within the framework of attacks that are being made against Breaking the Silence.

As you know, in the past months, Breaking the Silence has been the target of well-funded, organized, political and violent attacks, whose purpose has been to incite the public against us, to frighten and deter our activists and ultimately, to destroy the organization. This campaign attracted a variety of politicians, the Prime Minister among them.

The lies, threats and incitement against us simply will not deter us in our work. In fact, this months’-long campaign has only served to strengthen us and our activities have swelled over the past months. Much of our strength has come from you – thousands of people who feel, as we do, that now is the time to fight for this place. You have supported us through donations, by hosting our activities, by providing testimonies or by declaring public support for us on social media and in other forums. Thank you.

Today, we are facing a new low in this campaign against us, perhaps the most concerning yet – both in terms of its potential to harm the activities of the organization, but also in terms of its potential repercussions for Israeli democracy.

The following text will help to explain the current attack:

***

Women baking bread amid the rubble of their homes, September 21, 2014. Photo by Abed Rahim Khatib/Flash90

The State Attorney is Scapegoating the Soldiers

JVP, Facebook

In January 2016, the State Attorney turned to the court with a (unilateral) demand for a warrant for information regarding the identities of testifiers who served in Operation Protective Edge and testified to the organization about the operation. This was in response to investigations held by the Military Police regarding specific incidents which took place during the operation and which were exposed in the publication of testimonies released by Breaking the Silence following the operation. You can read more about this in Haaretz.

This demand came at the climax of the campaign levelled against us, following calls of incitement made by the Prime Minister and senior cabinet members, and in the very same week that secret spies planted in the organization were exposed and a bill was advanced in the Knesset to outlaw the organization.

Because our priority is to protect our testifiers and the promise we made to them not to reveal their identities for as long as they are not willing to be exposed, we objected to the court’s request.

Today, Sunday 22 May 2016 at 2pm, we will attend a hearing about this case at the Petah Tikva Magistrates Court.

It is important to understand:

We have collected testimonies from soldiers who served in the territories for over ten years, with the purpose of providing the public with information about the realities of Israeli military control over the West Bank and Gaza. Our work is based on the willingness of soldiers – like ourselves – to provide the organization with testimonies – and based on our commitment to the over 1,000 testifiers that we would not reveal their identities, for as long as they wish to remain unidentified. This commitment has enabled us, over the years, to publish thousands of testimonies which describe incidents about which the public has the right and obligation to know.

The case currently under investigation by the State Attorney’s Office deals with events being investigated by the Military Police which occurred during Operation Protective Edge. These investigations were opened following the publication of our testimonies. In other words, if we had not published the testimonies, the Military Police would never have known that these events had taken place.

What is it all about?

The alleged offences that are under investigation, and because of which the entire testimony collection project is now being put at risk, are not of the more serious offences that appear in our publication “This is How We Fought in Gaza 2014″ pdf file, which includes testimonies of dozens of officers and soldiers who took part in the operation.

The incidents under investigation are not of the gravest that were reported to have taken place during Operation Protective Edge. To the best of our understanding, these are not incidents of killing nor incidents in which bodily harm was caused.

Unlike many of the testimonies we published following Operation “Protective Edge”- the soldiers under investigation are low ranking soldiers and junior level officers.

The significance of the demand to disclose the identity of our testifiers, is in fact a devastating attempt to eliminate the testimony project of Breaking the Silence. As stated, the mechanism for collecting testimonies – the same mechanism that has enabled us to expose the public to thousands of incidents that occurred in the Occupied Territories – is based on our promise to maintain the confidentiality of our sources. If we cannot promise our testifiers that we can protect their identities, we cannot continue operating the way we do today.

In recent months, we engaged in ongoing negotiations with the State Attorney’s Office in an attempt to reach an understanding that would not require us to disclose our testifiers and would avoid the potential damage such a move would spell for our testimony collection. Unfortunately, despite the State Attorney’s understanding of the lethal blow which this demand would precipitate, it has maintained its request that we disclose the identities of our testifiers.

It must be emphasized – Breaking the Silence does not object in any way to the existence of investigations, nor to the prosecution of soldiers who have committed crimes. However, in our opinion, the most important issue that need be investigated, certainly in the context of Operation Protective Edge, are the systemic policies that were behind it and the responsibility that the policy and decision makers in the political and military echelons, hold in regard to these events. For that reason, we call upon the state, in the past and now again, to conduct an independent commission of inquiry to investigate the foundational aspects of the operation and the open- fire policy that was implemented in Operation Protective Edge.

Unfortunately, all media reports in regards to investigations opened following Operation Protective Edge, point to the fact that instead of investigating these wider ranging policies, the Military Police and the State Attorney have decided to scapegoat the soldiers – they have focused their efforts on the investigation of low ranking soldiers suspected of crimes which were not of the gravest committed during the operation, and in that way, are relieving the higher political echelon and senior commanders that led and dictated the open-fire policies, adopted by IDF during Operation Protective Edge, of any responsibility.

Our opposition to the disclosure of the identities of our testifiers is derived from the responsibility we hold toward the soldiers who chose to break their silence, and the public duty we took upon ourselves. We will not crack under the pressure to silence us, and will not betray the promise we made to the soldiers of Operation Protective Edge who broke their silence, by releasing information which would expose their identities, against their will. We will not tolerate this attempt by politicians to use those who broke their silence, as their personal human shields just so they can declare “we have investigated.”

Today, Sunday 22 May 2016 we will be at the Magistrates Court in Petah Tikva in an attempt to convince the judge that this move would cause disproportionate and irreversible damage to the activities of the organization, whose sole purpose, from its inception until today, is to sound the voices of those soldiers who served in the Occupied Territories in order to stimulate public debate and to bring about an end to the occupation. When taking into consideration that this case rests on the actions of low ranking soldiers, in incidents that were not among the most severe – involving neither death nor bodily harm – this move is simply intolerable.

Israeli democracy cannot afford to allow the government’s targeted attempt to eliminate Breaking the Silence succeed. I hope and believe that the court will understand the lethal consequences of forcing the disclosure of soldiers’ identities and will decide not to join the government’s campaign of attacks against Breaking the Silence.

I will also take this opportunity to request your support during these difficult days by making a donation to the organization. You can do so via this link. Every donation counts and your contributions provide me, the team and our activists with the means and encouragement to continue breaking our silence.

Filed under: Israeli Affairs, Jewish culture, Jewish terrorism, Jewish violence, Nazi Israel, Netanyahu, Palestine, Zionist entity