When the order is criminal and illegal. Read on.
Arutz Sheva:
What Constitutes an Illegal Order?
by Ezra HaLevi
(IsraelNN.com) Rabbi Elyakim Levanon, the head of the hesder yeshiva in Elon Moreh, called Tuesday for a public discussion of what constitutes an illegal, and therefore refusable, order.
“Everyone agrees that refusing orders is an awful thing,” he said, “and everyone agrees that there are certain orders that a soldier is required to refuse. The question is where to draw the line.”
The rabbi argues that the whole debate over whether or not to refuse orders is superfluous, as the classification of an immoral order is taught to every IDF soldier in basic training, as the IDF’s conscious effort to differentiate itself from the functionaries of the Nazi army who had said they were “just following orders.”
The example given in basic training is that of the Kafr Kassem affair, in which soldiers opened fire on Israeli Arab farmers who were violating a curfew, but were doing so because they had not been around to hear its declaration. The soldiers were held accountable in court despite their have been following orders. The principle offered, however, is purposely vague, instructing soldiers that an illegal order is one "which a black flag waves over it."
According to Rabbi Levanon, a frank discussion must be had about whether only the killing of civilians falls under the rubric of an illegal order or whether aiding the enemy, negating the Zionist project or violating clear Torah principles constitute such as well.
Left-wing authors and politicians have often stated that if an order is given to expel Arabs from their homes, they would not only refuse but use violence to oppose it. Famed author Amos Oz once declared "we will lay down on the roads, block the crossings, and blow up the bridges to stop the transfer of Arabs."
In 2004, 185 prominent lawmakers, IDF officers and public figures signed a declaration calling for refusal to take part in withdrawals from parts of the Land of Israel. Signers included Meir Har Zion of the famed IDF unit 101, former Prime Minister's Office director-general Yossi Ben Aharon, writer Naomi Frenkel, Ezra Cohen and the father, brother and uncle of Likud Chairman Binyamin Netanyahu.
Rabbi Levanon believes the red line was crossed in Gush Katif, at Amona and in Hevron. “The expulsion of Jewish families from Hevron on Tuesday was clearly beyond the boundaries set by the Torah as well as by human logic,” he said.
The rabbi says a public discussion is necessary because the justice system cannot be trusted to dictate such values as it has demonstrated systematic preference and bias in the past. “The court has become the greatest cause of civil strife in the state. It’s impossible for hundreds of thousands of people to have their mouths shut by a court order.” [link]
posted by: jrtelegraph
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