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Notes on the Present Stage of the Refusenick StruggleThursday 20 Feb 2003
author: Reuven Kaminer
summary
The IDF top brass has recently decided to judge refuseniks by the military courts system - a criminal court for soldiers. Thus, we face the danger that the prisoners of conscience will be sentenced to up to three years in military jail for their devotion to the cause of peace and their refusal to take part in the occupation apparatus, an apparatus already hovering on the edge of the commission of a major war crime. It is obvious that this step is designed to break the will of Ben Artzi, the first to be judged, and the other refusenicks.
Notes on the Present Stage of the Refusenick Struggle - February 2003
Yoni Ben Artzi is a pacifist who, for some strange reason, has been denied
pacifist status by the Israeli Defense Forces (IDF). Even according to
present IDF policy, pacifists recognized as such are exempted from military
service. The pacifist status is either bestowed or denied by a committee
composed of seven IDF officers. Of course, none of these officers has any
training in political philosophy. It seems that the only way to impress
the members of the committee is to bring biographical material proving that
the applicant for pacifist status has demonstrated a clear connection to
non-violent theory and behavior long before he was mobilized.
The relevant committee refused to bestow pacifist status on Ben Artzi.
When Ben Artzi appealed the IDF committee's decision, the Israeli High
Court of Justice refused the appeal on the grounds that they had no reason
to interfere in the work of the committee - without taking upon itself the
messy little problem of checking for itself whether the decision was
correct.
Thus, the decision taken months ago, is so to speak, frozen in legal ice.
This legal 'fact' remains in the center of the proceeding against Ben Artzi
though any half way intelligent person who knows Yoni Ben Artzi's personal
history or has an opportunity to discuss his philosophical position with
him, will come to the clear and decisive conclusion that Ben Artzi is a
very mature and totally committed pacifist. In military prison for more
than eight months Yoni Ben Artzi has imposed on himself a very strict code
of behavior, refusing any order involving support for the military side of
army life and expressing willingness to do any task that was in essence
unrelated to the army apparatus such as kitchen duty. He has paid and pays
a daily price for maintaining his principles in matters large and small.
Now the plain fact of the matter is that there are shades of opinion among
the different prisoners of conscience. Some are philosophically articulate
in their commitment to non-violence, while many, if not the majority, are
prisoners of conscience essentially because they refuse to join an
apparatus whose main purpose is the subjugation of the Palestinians in the
territories. It is highly relevant to note that all of the conscription
resisters whatever their philosophical approach have offered to do civilian
humanitarian service in lieu of their military service. Ben Artzi happens
to be a brilliant student of Math and Physics and he could be opening up
great horizons for some disadvantaged kid in a development town, instead of
parrying the cruel and idiotic attempts of the military bureaucracy to
break him.
This week the IDF decided to adopt a more severe and brutal policy towards
all of its prisoners of conscience. Up to now, the refusenicks were subject
to IDF disciplinary action. In such proceedings a ranking officer can send
the offender to jail for a period of up to 28-35 days for each violation.
Between sentences, the offender usually has a two or three day furlough.
Every time the refusenicks come back to the induction office he is ordered
to continue with the mobilization process. He refuses and is re-sentenced.
The mounting criticism of these repeated sentences and senseless cruelty
involved in the process has, it seems, upset both the nerves and the
judgment of the IDF top brass. They have decided to opt for a more
menacing tribunal, i.e., the military courts system. The military court is
really a criminal court for soldiers. Thus, we face the danger that the
prisoners of conscience will be sentenced to up to three years in military
jail for their devotion to the cause of peace and their refusal to take
part in the occupation apparatus, an apparatus already hovering on the edge
of the commission of a major war crime.
Yoni Ben Artzi will be the first prisoner in the current round of
draft resistance to appear before a military court and this appears to be
the first time this kind of case has been prosecuted by the IDF in these
courts for twenty years. It is obvious to any observer that this step is
designed to break the will of Ben Artzi and the other refusenicks.
One needs to know the Israeli scene to appreciate how vindictive the
IDF action really is. About one tenth of the potential draftees are
released for psychological reasons. It is clear that the IDF would like to
push Yoni Ben Artzi and his fellow resisters to opt for a psychological
discharge before their induction instead of fighting for their principles.
Tens of thousands of ultra-orthodox males are exempted for reasons of
conscience to study in yeshivoth (seminaries). Religious, and for that
matter secular women too, can receive an exemption without any difficulty,
or choose to do alternative civilian service. But the IDF threatens to
throw the book at Ben Artzi and this still small band of prisoners of
conscience. The cruel and the inane nature of the occupation are taking
over the minds and the souls of those who lead the IDF.