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Psak 5766 Iyyar 5


While it is forbidden by Jewish law to intentionally target civilians, there is a difference between rights of civilians during a state of war and a state of peace. For example, during wartime the military may embark on operations that entail a higher risk to civilian population than is permitted to law enforcement agencies. This has to do with basic assumptions about the sympathies of the civilian population in an enemy state as opposed to one's own country. The Sanhedrin, being the authorized institution to decide in such matters, issues definitive moral guidance on this matter and addresses the current administration's policy concerning the Palestinian Authority.

Informal translation from Hebrew of the 5 Iyyar, 5766 (3 May, 2006) statement:

Wcab.gif
Committee for Army and Security (War Cabinet)
Tel: 02-5661962, cell 050-6733831, fax: 057-7976007
Email: dbtc@actcom.com 47 Rachel Imeinu St. Jerusalem 93228

Concerning the Palestinian Authority

The representative of the Sanhedrin was asked :

Is one required to stop military actions required for the defense of the country's civilians when there is a possibility [however small] of civilian injuries [during the current military conditions],

The answer is – it is not required.

WHEREAS the Hamas government willingly and freely advocates the elimination of Israel, and the killing and expulsion of its remaining Jewish inhabitants (see the "Palestinian" National Charter[1] and the Hamas Charter[2]) AND this government was democratically elected by a "Palestinian" population in the Land of Israel.

THEREFORE [even though there has been no declaration of war by the general population,] the general population must be assumed to be supporting [the stated position of] the Hamas government. The Palestinian Authority, and the population that supports it, must be considered [in a declared state of war with Israel and] an enemy state as is customary, and by any interpretation of international law. In addition, international law does not protect civilians which are engaged in acts of genocide. [3] Accordingly there is a need to conduct [military exercises] according to Torah and humanitarian guidelines, [specifically, offensively, according to the principle] 'Those who are coming to kill you, must be killed'. (Berachot 58a and 62b, Yoma 85b, and Sanhedrin 72a based on Numbers 25:17-18) It is incumbent on the Government of Israel to change its policy, and officially declare the "Palestinian" Authority an enemy state, as recommend by Israel's military.[4]

Click here to see the Hebrew version

References

  1. The Palestinian National Charter can be found at http://www.pna.gov.ps/Government/gov/plo_Charter.asp
  2. The Hamas Charter can be found at http://www.palestinecenter.org/cpap/documents/charter.html
  3. Article 55 of the Vienna Convention establishes that such treaty is abrogated if it contradicts in any way Jus Cogens ("the higher authority") of the international law. Example of these include: prohibition of slavery, prohibition of racial discrimination, prohibition of genocide, prohibition against war. The ruling of the International Court of Justice in the case of Namibia determined that every nation has the right to self determination, and the international conventions cannot negate this right.
  4. A formal public request was made during Passover 5766 (April 2006).

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