BANANAS

The Chief Rabbi of the Israel army,
Brigadier Avichai Rontzky

NOT EVERY day, and not even every decade, does the Supreme Court rebuke the Military Advocate General. The last time this happened was 20 years ago, when the Advocate General refused to issue a proper indictment against an officer who ordered his men to break the arms and legs of a bound Palestinian. The officer argued that he considered this to be his duty, after the Minister of Defense, Yitzhak Rabin, had called for “breaking their bones”.

Well, this week it happened again. The Supreme Court made a decision that was tantamount to a slap in the face of the army’s current chief legal officer, Brigadier Avichai Mendelblit.

The incident in question took place in Ni’alin, a village which has been robbed of a great part of its land by the Separation Fence. Like their neighbors in Bilin, the villagers demonstrate every week against the Fence. Generally, the army’s reactions in Ni’alin are even more violent than in Bilin. Four protesters have already been killed there.

In this particular incident, Lieutenant Colonel Omri Borberg took a Palestinian demonstrator, who was sitting on the ground, handcuffed and blindfolded, and suggested to one of his soldiers “let’s go aside and give him a rubber”. He ordered the soldier to shoot a rubber bullet, point blank.

For those who do not know: “rubber bullets” are steel bullets coated with rubber. From a distance, they cause painful injuries. At short range, they can be fatal. Officially, soldiers are allowed to use them at a minimum range of 40 meters.

Without hesitating, the soldier shot the prisoner in the foot, although this was a “manifestly illegal order”, which a soldier is obliged by army law to disobey. According to the classic definition of Judge Binyamin Halevy in the 1957 Kafr Kassem massacre case, the “black flag of illegality” is waving over such orders. The prisoner, Ashraf Abu-Rakhma, was hit and fell on the ground.

Veterans of the Ni’alin and Bilin demonstrations know that such and similar incidents happen all the time. But the Abu-Rakhma case was special for one reason: it was documented by a young local woman from a balcony near the crime scene with one of the cameras provided to villagers by B’tselem, an Israeli human rights organization.

Thus the Lt. Col. committed an unforgivable sin: he was photographed in the act. Generally, when peace activists disclose such misdeeds, the army spokesman reaches into his bag of lies and comes up with some mendacious statement or other (“Attacked the soldier”, “Tried to grab his weapon”, “Resisted arrest”). But even a talented spokesman has difficulties denying something that is clearly seen on film.

When the Military Advocate General decided to prosecute the officer and the soldier for “conduct unbecoming”, Abu-Rakhma and some Israeli human rights organizations applied to the Supreme Court. The judges advised the Advocate to change the indictment. He refused, and so the matter reached the court again.

This week, in a decision unusual for its severe language, the three justices (including a female judge and a religious one) found the “conduct unbecoming” charge itself unbecoming. They ordered the indictment of both officer and soldier on a far more serious criminal charge, in order to make it clear to all military personnel that mistreating a prisoner “is contrary to the spirit of the state and the army”.

After such a slap in the face, any decent person would have resigned in shame. But not Mendelblit. The bearded and kippa-wearing brigadier is a personal friend of the Chief of Staff, Gabi Ashkenazi, and is expecting promotion to Major General at any moment.

Recently, the Advocate General refused to indict a senior officer who asserted in court, while testifying on behalf of a subordinate, that it is right to abuse Palestinians physically.

Ashkenazi owes a lot to his Advocate General, and for other reasons. Mendelblit has made a huge effort to cover up war crimes committed during the recent Gaza War, from Ashkenazi’s war plan itself to the crimes of individual soldiers. Nobody has been put on trial, nobody even seriously investigated.

ON THE day the Supreme Court decision concerning Mendelblit was published, another brigadier also made the headlines. Curiously enough, his first name is also Avichai (not a very common name), he is also bearded and wears a kippa.

In a speech before religious female soldiers, the Chief Rabbi of the army, Brigadier Avichai Rontzky, expressed the opinion that the army service of women is forbidden by the Jewish religion.

Since every Jewish young woman in Israel is bound by law to serve for two years, and women perform many essential jobs in the army, this was a seditious statement. But nobody was really surprised by this Rabbi.

Rontzky was chosen for this post by the former Chief of Staff, Dan Halutz. He knew what he was doing. More