Fire legal front: the hidden history of the Mag

צילום אילוסטרציה: דובר צה”ל

Legal combat: with 65 years of activity, we review the history of this fascinating and unique unit; A different moral aniaor-Qasim massacre to
New model-under consultation. The Mag: best

תאריך: 04/11/2014, 12:48    
מחבר: מיכל גלברד, אתר צה”ל

הפרקליטות הצבאית

Military unit similar to the Mag. Headed by champion, how does a wing or control. Mission is not to fight or even improve its defense and does not sell to soldiers but its better than I can and step. In any event, every moral dilemma and against negotiations Diné-advocate, mentor and as moral support, always been part.

To mark 65 years to advocate Ugarte
By State representatives, Digest summarising the major milestones of the unit. The review shows, on the one hand, the role of the Attorney General’s Office in those cases and how these events shaped the advocate for body known today. IDF website showing here, chronologically, individual examples. The best advocate.

Fire legal front: the hidden history of the Mag

An event can be recast as the beginning of
The IDF is retired Attorney, during tovianski convicted Captain Meyer tovianski treason (espionage against the State of Israel for British forces), field trial and executed. It is fundamentally improper process, during which ה”חוקר” was also used as “כ”תובע “. It was the last sentence in Israel. From the conclusions it began to grow the Mag known to us today.

Almost a decade later, time is the evening break operation kadesh, 29 October 1956. The Arab villages in the area of the triangle, residents in these years were subjected to military curfew regime. Same command, ieads to turn traumatic events happen to end up in state history, and critical concept claim learned until today all basic training and training in.
Kafr Qasim massacre took place after an order by the battalion commander in the area, to enforce the curfew and shooting towards
“No feelings”, then. The Department did not conduct the order except the Department posted in Kafr Qasim. In this event, the villagers killed 47, returning from work. 11 officers and soldiers were prosecuted, and eight have been convicted. The historical nature of the verdict judge, Colonel Binyamin Halevi, the “black flag perched over illegal command. As a result of this decision was based the refusal to provide superior orders.
It was a very thorough case positioning of Attorney ethics according to lines mgdirth are running.

The Sao is a coin, broadly in war. One of the most beautiful times of the Mag, and the successes are attributed to the six day war.
And preparations. In 1963 the army declared an emergency alert, if you have to grab territories by the IDF over the green line and beyond the Jordan. The judge understood that when it comes to getting the Government Law occupied military zone status remotely. In these years, until the outbreak of war, the Prosecutor’s Office held, and in-depth research on the laws of war and of the occupied territories. Rate of vertebral consultants deployed in the occupied territories was established, and the intelligence effort invested to learn the legal infrastructure in Arab countries, the Arabic rule files and track successful lawyers in these countries. At the same time, the judge wrote at the time, then with the rank of Colonel, Meir Shamgar, “directory of the judge advocate in the military administration in the occupied territory, which was a detailed document to prepare for scenarios
Many. With the outbreak of the war were the only reserve, the legal counsel, one of the first to enter the territories were captured, and the battles won the esteemed attorney about their preparedness and functioning.

Success and joy that followed, which characterized the entire army and citizens in General, came to an end when in 1973;
Like most IDF units, the outbreak of war was difficult.
During the Yom Kippur war before operational consulting concept was born, so the Prosecutor’s Office work focused primarily on consulting and emergency legislation, the courts in
And providing legal aid to members of the regular army and the reserves in civil matters, because for a long time to read. As part of implementing the lessons of war, law
“Extending the deadlines ‘ initiated by the Mag, which aims to protect the rights and property of reservists called to the army for security clearance and thus disconnected from civilian affairs.

Fire legal front: the hidden history of the Mag

But many wars, in the 1970s the advocate took part in positive events, such as the Camp David agreement and the peace process with Egypt. Representatives took an active part in negotiations on several issues, including on the Sinai Peninsula and the non-military arrangements designed. As part of the job, the judge was required to cooperate with the headquarters, including the Intelligence Department, for formulating
The Israeli position on the agreements. The success of these processes paved the way for the only involvement in the Oslo accords of the 1990s.

At the beginning of the first Lebanon war in 1982, the Attorney General’s Office primarily informational activities about the obligations of the Geneva Convention and the Hague Convention on protection of civilians and of cultural property and warned soldiers not to harm the mosques and to preserve the dignity of women. But as the campaign went on, and the stay of the IDF forces in Lebanon was long, the issues which have been the only deal. The field wasn’t set up complex legal issues both international law and Israeli law.
The petition was filed (denied) against the imposition of VAT on products sold to soldiers in Lebanon in bag. In addition to explicitly enforced strict random looting and smuggling of goods into Israel from Lebanon. Another major issue to deal with the Commission of inquiry was established following the events of the massacre at Sabra and Shatila. As part of the generated conclusions are presented below after the Agranat Commission and that IDF officers investigated in Committee may be damaged from its conclusions, they were representing. The Chief military defense lawyer also represented and made Chief of general staff, Rafael Eitan, testimony before the Committee.

Five years after the outbreak of the Lebanon war, and remains permanently engaged in the presence of IDF forces from across the border, the military was prlictot
To prepare for another campaign popular uprising in the occupied territories, which included dozens of violent incidents daily. The first intifada opened ahead of the hitherto issues faced Attorney
Inside. Many soldiers were not received in response to the riots, proportioni, amp not caught in dilemma about prosecution. Various factors that move
So weaken in his struggle. In this period was that as a test of their ability.
To keep the law and values, one main shmatd security systems require to allow harsh measures, and are subject to constant criticism from human rights groups.

The initiative by the Treasury Chief Prosecutor’s Office dealt with the clarification of powers and cannot force in Judea and Samaria and Gaza. Also, the Mag was involved in formulating rules of engagement are adjusted to the new reality with reference to measures, such as rubber bullets developed and came into use during the campaign. In court cases, and put to trial soldiers and commanders who blatantly violated the procedures. Also the strain on the military courts had Pirie and thousands of right were arrested and prosecuted. However, this period of stress, heart was founded in 1989, the Court of appeals in Judea and Samaria.

Fire legal front: the hidden history of the Mag

The judge advocate General (Commander), Gen. Lark

At the beginning of the new millennium, was again a wave of terrorism in the areas referred to in the military as “Swoosh”-the second intifada. I soon found out that the situation is similar to the first intifada, the uprising is, and the tools that have worked so far. The Prosecutor’s Office initiated the armed כ”עימות mode setting”
New and unique setting. The need for legal support to the operational activities sharpen, as developed, combined operations and forces the Sao, “focused foiling” against ‘ ticking bombs ‘ that could not be brought into custody.

This concept through a test, and also model adopted.
By several Western countries in their war against terrorism. During this time also enacted law
Illegal fighters ‘ was an international precedent and set a framework for holding the Warriors associated with terrorist organizations who are not entitled to prisoner-of-war status. Thousands of terrorists have been arrested and prosecuted in those years. Bomb attacks including the bombing of the Park Hotel, a charming restaurant massacre “Ramallah lynching case translated into indictments.
Following the wave of attacks, it was decided to build the security fence, followed legal advice.

The State took a major part in the disengagement process “also” from the Gaza Strip in 2005. The unit has an overall legal approach tailored to the new situation, and that her bottom was removed from Israel’s official debt the laws of occupation according to international law. The Petitions, orders in relation to IDF forces and enforce discipline in front of soldiers who may find refusal against political influences, all were under the responsibility of the unit.

The disengagement process was extremely complex and, for the first time, the judge was required to run an array of legal advice – operative close to commanders, to the level of, and sometimes beyond. It was the first to establish the operational consulting, taper even more years later, the second Lebanon war, after which it was established.

In these years has changed the perception of the Mag: contentment in Retrospect of offenses took place while operational. the supervision of operational activities at the time of the occurrence. At the same time, the role of international law and laws of war and the unit started to work intensively on various issues; Including the military purposes allowed to assault, operation methods, and testing of humanitarian duties of the army Warrior and warned the population against attack. The second Lebanon war was the baptism of fire of the operative consulting in these areas, and only officers have provided consulting services to the Operations Division, general staff and Northern command, although in practice the array before established.

Fire legal front: the hidden history of the Mag

The advice given by the Department and the only links in spatial order. During the fighting, and then,
No simple questions Ethan had counselors and advocate. A case in point.
Is the use of phosphorous weapons and 35s. Following the war was established as aforesaid the operational consulting that symbolized a significant change if unit to meet Attorney officer dressed in fatigues had war rooms are rare, today this man doesn’t look unusual.

During operation cast lead, this formation has been tested intensively, but in this case most of the work took her from unit after completion, shaprklitot rallied to a diplomatic effort of explaining and presenting Israel’s position against a broad political attack, culminating in the Goldstone report. The report accused both sides of committing war crimes fighters, and slammed the investigation and prosecution of the State Governor. dealing with the Attorney’s report took years.
Despite claims that the investigation and prosecution in the State get, the fact that both the Prosecutor’s Office and faced hundreds of criminal investigations during the operation, including the reopening of cases related to violation of procedures, opening fire and risk civilian lives, proves otherwise. Goldstone himself also retracted some of the arguments specified in the dialog.

One of the most complex events with the prlictot in recent years is the Marmara flotilla to the Gaza Strip. May 30, 2010,
The Turkish ship “Mavi Marmara”, Maui along with other ships in order to break the blockade on Gaza as activists with extremists. When the ship refused to stop and to respect quarantine orders, tyre soldiers boarded and were met with violence. During the takeover, killing nine activists and soldiers were injured, some severely.
The judge took part in preparations for the operation and accompanied him until the end. The Department of international law, and the legal adviser of the Navy, gave a review of the decision-making of the Government, helped formulate commands and gave legal guidance to the scale of the operation.

Results memory cast was still fresh, and the unit went to legal advocacy. For this reason, near the end of the offer published on the Attorney General’s Office review in English which port the legal basis for imposing the blockade on Gaza Strip enforcement.
Turkel “Committee examining the events of the voyage, to advocate the position of IDF spokesperson, and many officers prepare unit senior IDF officers giving evidence. The effort paid off, and the results of the report determined that both the blockade and conduct the operation stopped the takeover. It also stipulates that the test apparatus and the IDF investigation,
Imposed on the vendor in Goldstone, acting in accordance with the provisions of international law.

The influence and contribution of prlkitot to significant movements and the IDF history is greater than to deploy on this stage.
Many events not mentioned here, such as historical trials (some involving senior officers) and disasters that have plagued the army, memorable events (eg the revolt at the prison and the evacuation of the Sinai Peninsula), political processes (the Oslo accords) and operations (such as pillar), and others-all the Mag unit, it is not Division, part, whether behind the scenes or in front of him.

Translated from Hebrew