Israel and Palestine: Civilians


Figure 1.--

Civilians have been a major issue in the Isreali-Palestinian conflict from the very beginning. Even before Isreal was created, civilians were targeted. Arab rioting and acts of violence fomented by the Grand Mufti targeted Jewish settlers. During the First Arab-Isreali War the two sides were realatively balanced. Many Palestinians fled the fighting. The Arabs now maintain that they were driven from their homes by Jewish violence. There were attacks on civilians, by both Arabs abnd Jews. Isrealis also point out that Arab radio broadcasts encouraged Palestinians to evacuate so that Isrealis could be more effectiveky targeted. Gradually the ballance of power shifted so that Isreali became a modern miliyary force confronting less effective Arab milutary forces and more recently Palestinian irregular forces operaring from civilian areas. The Geneva Conventions require military forces to avoid causing civilian casualties. This does not mean, however, that soldiers do not have a right to react to attacks by civilians. And military forces and irregular are prohibited by the Geneva Convention of using civilians as human shields. Considerable controversy exists concering Isreli policy as to limiting civilian casualties in its military operations. It is clear, however, that the Isrealis do place limits on its military. Observers can debate whether those limits are adequate, but there are undeniably limits. Arab irregulars on the other hand specifically target Isreali civilians, in part because civilians are soft targets and they do not have the capability to seriously attack the Israeali military.

British Mandate (1919-48)

Civilians have been a major issue in the Isreali-Palestinian conflict from the very beginning. Even before Isreal was created, civilians were targeted. Arab rioting and acts of violence fomented by the Grand Mufti targeted Jewish settlers.

First Arab-Isreali War (1948-49)

The First Arab-Isreali War was a conflict between Arab armies and hastily organized Jewsish firces. During the First Arab-Isreali War the two sides were realatively balanced. Many Palestinians fled the fighting. The Arabs now maintain that they were driven from their homes by Jewish violence. There were attacks on civilians, by both Arabs abnd Jews. Isrealis also point out that Arab radio broadcasts encouraged Palestinians to evacuate so that Isrealis could be more effectively targeted.

Refugees

One group of civilians that have become an important issue in the Isreali-Palestinian conflict is refugees. This usually means Palestinian Arab refugees. Often forgotten in a consideration of this conflict is the fact that there were two sets of refugees. There were both Arab and Jewish refugees. Historians believe that during the 1948 war that about 0.7 million Arabs fled or were expelled from the part of Palestine which became Israel. Less well known is that a similar number of Jews were expelled from Muslim countries where their ancestors had lived for centuries, in some cases predating Islam. Rather than being a one-sided refugee problem, there was in fact an exchange of population. The essential difference is that Israel absorbed and integrated the Jewish refugees, both the European refugeees abd the so called Oriental Jewish refugees from Arab countries. The Arab countries, however, did not absorb or integrate the Palestinian refugees.

The Geneva Convention and Civilians (1949)

The Geneva Conventions require military forces to avoid causing civilian casualties. This does not mean, however, that soldiers do not have a right to react to attacks by civilians. And military forces and irregular are prohibited by the Geneva Convention of using civilians as human shields. The Geneva Conventions refers to the agreements held at a number of Conferences addressing issues concerning war. The primary aggreement concerning civilians is the Geneva Convention relative to the Protection of Civilian Persons in Time of War which was adopted August 12, 1949. One article of the Convention is of particular importance as it reflects on the rights of an occupying power to maintain order, "Article 5. Para 1. Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State. Para 2. Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention. Para 3. In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be." Another provision outlaws the use of civilians as human shields. "Article 28. The presence of a protected person may not be used to render certain points or areas immune from military operations." The Convention does not address the issue od a military response when human shielkds are used. Notably there is no prohibition on a military resonse when hunan shields are used, presumably because the use of human shields is prohibited. There are numerous references in the Convention referring to children which require that great attention be given to the protection and welfare of children. The Convention dies not address, however, the use of children to attack military forces.

Subsequent Arab-Isreali Wars (1956-73)

The subsequent Arab-Isreali wars (1956, 1967, and 1973) were conventional wars between the Isrealis and various Aran armies. The conlict compared to the First War were short and largely fought fought in lightly populated areas. As a result, the number of civilian casualties were relatively limited.

Shifting Military Balance

Gradually the ballance of power shifted so that Isreali became the dominant military force in the Middle East. Arab governments have either made peace with Israel or avoided direct military confrontations. The continuing conflict, however, increasingly involved civilans. While Arab Govrments were less willing to confront Israe, various Pasestinian and other Arab irregular forces have picked up the struggle. The first such group was the Faydaen, but many other groups of various importance have since been organized. Thus you have the situation where a modern miliyary force confronting irregular forces operaring from civilian areas, both in the Occupied Territories and Arab and other states. Both Jewish and Arab civilians have been affected. Arab and Iranian sponsored groups have attacked Istreali and Jewsish civilians outside Israel. Arab (mostly Palestinian) civilians have been affected by Israeli military operations against the Aran irregulars.

Israeli Military Operations

Considerable controversy exists concering Isreli policy as to limiting civilian casualties in its military operations. It is clear, however, that the Isrealis do place limits on its military. Observers can debate whether those limits are adequate, but there are undeniably limits.

Arab and Iranian-Sponsored Groups Operations

Arab irregulars on the other hand specifically target Isreali civilians, in part because civilians are soft targets and they do not have the capability to seriously attack the Israeali military.

Moral Questions

The question of civilians and the responsibility of military forces to avoid causing civilian casualties emerged in Europe after the terrible assaults on civilians during the 30 Years War. European armies by the 18th century to vary degrees attempted to avoid civilian casualties. This changed during World War II when the Germans targeted civilians with genocide and used the Luftwaffe to bomb cities in an effort to force targetting countries to surrender. The Japanese also targetted Chinese civilians. The Allies responded with an even more expansive strategic bombing campaign. After World War II, now safe from Fascism, began to question the morality of the strategic bombing campaign. The question of civilians began to be raised in connection with te Isreali-Palestinian conflict from the very beginning. There are questions of attrocities committed against civilians and these. There are also the question of inadvertent civilian casualties and the quesion of actually causing civilian casualties with the expressed purpose of shapeing public opinion. Unfortunately it is not just civilian casualties that often is at issue, but who is responsibe and what are their motives.







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Created: 4:41 PM 1/17/2007
Last updated: 1:08 AM 5/26/2007