U.S. & Israeli Terrorists? No.

In the original post: http://sineman.blogspot.com/2006/07/dont-us-israeli-military-actions.html

The Sine Man asks:


In a word, no. International Law is very clear on how to identify a lawful combatant and an unlawful combatant:

1. that of being commanded by a person responsible for his subordinates


2. that of having a fixed distinctive sign recognizable at a distance


3. that of carrying arms openly


4. that of conducting their operations in accordance with the laws and customs of war

If two reasonable people were to debate, point-by-point, on a legal basis, the status, under International Law, of a U.S or Israeli Soldier as compared to a car bomber in Iraq or a Hezbollah fighter in Lebanon I feel there is little doubt as to the outcome. And don't give me the "one man's terrorist is another man's freedom-fighter" slogan. It's just that, a slogan. For example, American Revolutionary War soldiers generally met every single one of the criteria above (perhaps with the exception of the distinctive sign requirement)...and that was well before these criteria existed.

Isn't it interesting how some of us invoke internation law when we're upset about invading Iraq but, choose to ignore it when we ask the question "Are U.S. & Israli soldiers terrorists?"?

A more important point though, is that of "What are the lasting impressions of 10-year-olds and 12-year-olds in Iraq, Palestine and Lebanon that are being built right now?". Propoganda will not work. Paid news media will not work. I'm stunned that people thought to be smarter than most think it will.

This is a very complex matter and one of decades of academic and media study. Marcel Ophuls documents, in a movie titled The Sorrow and The Pity, how three different people can have three very different memories about the same events in history (A German occupied town in France '41-'45). The question is, how can this be overcome? And how can an entire nation (or culture) come to share the same memories of certain events?

One approach, used with some success after WWII in Europe, less success in Japan (for specific reasons), and even South America at various points, is to use the law. Mark Osiel (Mass Atrocity, Collective Memory, and The Law) outlines this process at length. It is a difficult read (as is any book about the law) and it's subject is equally difficult (the extermination of millions). To vastly summarize his book:

"...such trials, when effective as public spectacle, stimulate public discussion in ways that foster the liberal values of toleration, moderation, and civil respect".

Furthermore,

"...such proceedings indelibly influence collective memory of the events they judge".

If the international community could bring terrorist leaders to justice in International courts instead of killing them it could be the beginning of the type of process Osiel describes.

Of course, much of this pre-supposes a military victory. The U.S. has that in Iraq to a sufficient degree. Israel is in the process of that vs. Hezbollah. I hope somebody in Israel has read Osiel's book.