The Military Advocate General, Major General Sharon Afek Opening Remarks
28.05.19
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Shalom and good morning.
Last week Israel hosted the Eurovision song contest, with 200 million viewers worldwide.
Our conferences are almost at that level. We don’t have those numbers yet, but it is quality, not quantity, that counts.
I am honored to welcome our distinguished guests, including former President of the Supreme Court, Professor Aharon Barak and Deputy President of the Supreme Court, Justice Hanan Melzer.
I am also honored to welcome our keynote speaker, the General Counsel to the US Department of Defense, Mr. Paul Ney.
To all of you, who have left busy offices to be here, Be'rukhim ha-baim! Welcome!
In his keynote address at the last conference, Professor Yoram Dinstein remarked that the universe of international law resembles the physical universe – always expanding.
Looking at the developments in our region since the last conference, in terms of the security challenges we face, I think they are expanding as well.
Most of these challenges are along our borders, and they create a very complex security situation.
And with it, some complex legal issues, which keep me and my staff very busy.
Before we dive into the conference, let me share with you some of the legal issues we are dealing with.
In the north, Israel's armed conflict with Hezbollah is ongoing, mostly out of the public eye.
Hezbollah continues to prepare for another largescale military confrontation with Israel.
Last year, the IDF exposed tunnels crossing from Lebanon into Israel.
These tunnels prove that Hezbollah is engaged in hostile activity in Lebanon and unmask its intent to conduct ground operations inside Israel.
They are also clear violations of Security Council resolutions banning the presence of armed groups in Lebanon.
We also exposed efforts to establish advanced missile factories in Lebanon, as well as numerous weapons convoys into the country.
These missiles are hidden in urban areas.
They are stored under high-rise buildings.
They will be launched from the roofs and basements of apartment buildings.
They will be directed from war rooms inside these buildings, in densely populated areas.
This means that contending effectively with the rocket threat from Lebanon in a future conflict will necessarily take a heavy toll.
Last year a group of retired US generals and admirals visited the north to assess how this conflict would look. In a report they released, they said that –
When such a conflict erupts, it will bear little resemblance to anything that has come before between Israel and its adversaries.
Changes in the strategic environment in the twelve years since the last Israeli-Hezbollah conflict will translate into unparalleled death and destruction.
Iran's direct involvement in Hezbollah's efforts and strategic planning, complicates the situation further and also raises questions with respect to the legal implications of its involvement.
The increasing mesh between Hezbollah and the state of Lebanon also has legal significance.
Last year, Hezbollah and its allies won a significant number of seats in Lebanon's Parliament, and joined the Cabinet.
This raises questions, such as – is there today a divide between the state of Lebanon and the terrorist organization? What will be Lebanon's role in a future conflict?
The IDF’s preparations require us to advise on these questions, concerning proportionality, precautions, and use of certain weaponry, alongside questions of state responsibility and classification of conflicts.
Hezbollah is not just in Lebanon.
At our last conference, the Syrian civil war was at its height.
The Syrian side of the border was held by numerous armed groups.
They were all non-state and mostly fighting against each other as well as against the Syrian regime.
Today these armed groups are almost gone. Instead, we have Syrian, Hezbollah and Iranian forces, including Shi'ite militias.
This is a big change, in a short time. That is the dynamic and unpredictable nature of our region.
Most of these forces are not operating openly, and we, as legal advisors assist our intelligence services to determine their legal designation for operational purposes.
Syrian territory is also used to transfer weaponry from Iran to Hezbollah in Lebanon.
Iran has also attacked Israel directly from Syria.
This is an interception of an armed drone inside Israel.
In addition, ground-to-air missiles and other weapons have been launched into Israeli territory.
And that is only what has been published.
The conflict in the West Bank has its own complexities.
Hamas, from Gaza, is trying to expand in the West Bank, setting up cells and planning attacks.
There have also been attacks by individuals acting on their own initiative, encouraged by regular incitement against Israel in the media and social media platforms.
In total, almost 500 attacks were thwarted last year alone.
We provide legal guidance to our forces in how to deal with these threats.
A major part of our work relates to upending the roots of terror. We deal with questions such as how to identify funds flowing to terrorist organizations? And what tools can we use to seize them?
And what is the difference between illegal incitement, and free speech?
Many headlines concerning the IDF in the past year have involved Gaza’s conflict against Israel.
In Gaza, Israel faces different armed groups, actively supported by Iran.
These armed groups use the civilian population and the urban surroundings for their attacks.
Major General Halevi, the Commander of the Southern Command, will elaborate on the challenges in Gaza later on.
In the past year, Hamas has been sending tens of thousands of Gazans to try and breach our border with Gaza.
These events raised serious legal questions, such as what is the proper legal framework that applies?
The events occur at a border between two parties in an armed conflict.
They involve both civilians and militants.
They are organized and directed by a terror organization that is deliberately exploiting its civilians to conduct attacks.
Our operating procedures, which regulate the response of our forces, were considered in a petition to our Supreme Court.
Following an in-depth discussion of the operational situation and the applicable legal framework, the Court rejected the petition.
This is another example of how Israel’s Supreme Court is willing to tackle complex LOAC issues.
It's not all bad.
Earlier this year, we celebrated forty years of peace with Egypt.
I'm proud to say MAG Corps officers were involved in negotiating the peace treaty, and in maintaining it since then.
Similarly, later this year, we will celebrate the twenty-fifth anniversary of our Peace Treaty with Jordan.
Our work is not limited to our immediate borders.
Israel receives much attention by international mechanisms and institutions. Often in a way, in our view, that undermines these institutions and the purposes they are meant to serve.
Predictably, the UN Human Rights Council set up another commission of inquiry into Israel, this time on the Gaza border events.
The report, commissioned by a body known for its bias towards Israel, is deficient and flawed. On the law, on the facts, and in its methodology.
Hamas, the Palestinian Authority and others realize the potential in such actions, and actively push for and support them.
Another venue where the Palestinian Authority is promoting proceedings is the International Criminal Court.
As part of its campaign of lawfare and de-legitimization, the Palestinian Authority is vig-o-rously pushing for an ICC investigation of Israel.
We see these efforts as yet another attempt to abuse legal institutions in order to achieve political aims.
These efforts serve to undermine the function and perception of the ICC.
Rather than serving as a court of last resort for cases of mass atrocities, the Court is diverted from its main purpose.
And from situations within the Court's jurisdiction that really deserve its attention and limited resources.
It is our firm position that the ICC does not have jurisdiction over the Israeli-Palestinian conflict.
But even if it had such jurisdiction, Israel is a law-abiding state with a strong and independent justice system.
Israel’s actions are not relevant subject-matter for the ICC.
Many of the issues we grapple with are not unique to Israel, and are shared amongst others here.
We are going to discuss some of them during the next few days.
We have a lot to cover, in little time.
But three is a lucky number, and I'm sure this conference will be as enjoyable and productive as the previous ones.
I look forward to it.
Thank you.
