Israeli Justice

On January 4, an Israeli military court sentenced five young conscientious objectors to one year in prison for their refusal to serve in the army of occupation. The 12-month sentence is in addition to the 14 months the five youth have already served awaiting trial, as they were imprisoned when they presented themselves for conscribed military service and stated they refused to serve.

In handing down the sentence, one of the three judges declared, "The accused made their refusal (to serve) public so as to put in question the justification for the army's operations and the morality of the army ... by so doing they undermine the international legitimacy of the state's actions ... they are putting their own moral criteria above those of the other soldiers who do serve in the army, above those of their commanders, and even above those of the political echelon which guides the activity of the army." His comments seemed calculated to explain the harshness of the sentences, especially given the track record of the Israeli army in prosecuting soldiers and officers for crimes committed.

For example, in the pre-sentencing arguments, the defence lawyer for the five youth highlighted the following examples:

- Sergeant Yosef Bachar, found guilty on three separate counts of assaulting Palestinian detainees, served three months in prison and had a suspended sentence for another four months

- IDF soldier Saguy Harpaz, found guilty of assaulting a Palestinian detainee, was sentenced to one and a half months in prison and three and a half months suspended sentence

- A Lieutenant Colonel (his name was subject to a publication ban) was found guilty of giving orders which resulted in an unarmed Palestinian being shot and killed. He received a one month suspended sentence

- Four IDF soldiers who repeatedly assaulted two Palestinian youth received sentences of two and three months, as well as demotion in the ranks

- Four soldiers of the IDF's elite Duvdevan unit shot and killed a Palestinian driving a car and were initially ordered to pay a small fine, although on appeal, this was changed to short terms of suspended imprisonment.

However, the military court found in this case, as the five youth were involved in "ideological crimes", a harsh punishment was necessary.

Speaking to the press after the sentencing, refuser Haggai Matar pointed out, "We started this not for personal comfort but to fight the occupation which is destroying the Israeli and the Palestinian society alike." The five refusers have all said they will continue to fight the occupation.

"We have been punished for speaking out, for wanting not only to have no share in the evil ourselves, but to get rid of the evil. They said in the verdict that we are undermining the legitimacy of what the government and the army are doing. That's absolutely true, and that's what we intend to continue doing," Matar said.