Saturday, December 22, 2007

Lebanon war "a great victory" in which lawyers "asserted their dominance over Israel's political and military leadership"

Caroline Glick's latest alerts us to a very disturbing aspect--unless you're a lawyer, perhaps--of the Lebanon war:
[...] The legal establishment's ardor for the Second Lebanon War was exposed on Tuesday with the publication of the testimonies of Attorney-General Menahem Mazuz and Military Advocate-General Avichai Mandelblit before the Winograd Committee which the Olmert government established to research the war's failures. In their testimonies both men shared their perception of the war as a great victory of lawyers in their campaign to "lawyerize" - or assert their control - over Israeli society.

In his opening statement, Mazuz extolled the war as "the most 'lawyerly' in the history of the State of Israel, and perhaps ever." He explained, "The process didn't begin in Lebanon 2006. It . . . is a gradual process of 'lawyerizing' life in Israel."

Mazuz responded negatively to the question of whether legal considerations superseded operational and strategic goals during the war. He claimed that the government and the IDF restricted their plans from the beginning to conform with perceived legal restrictions.

As he put it, that preemptive limitation of goals was "the result of a sort of education and internalization that have taken place over the years. I remember periods where there was a great deal of friction with the senior military level regarding what is allowed and what is prohibited. But today I think that there is more or less an understanding of the rules of the game and I can't identify any confrontation . . . or . . . demands to 'Let the IDF win.'"

Mandelblit and Mazuz testified that legal advisers were present at all levels of command in all the relevant service arms and in the security cabinet. At each level the lawyers were asked to judge the legality of all the proposed targets and planned operations before they were carried out. And as the two explained, in their decisions, these lawyers were informed not by the goal of winning the war, but by their interpretation of international law. [...]
And every non-lawyer who prattles about "disproportionate response" has adopted this kind of thinking/madness. (Hat Tip: Daled Amos)

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