Washington Report, January/February 2006, page 67
Human Rights
Israeli Navy Commando Challenged at AU
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Israeli Navy Commando
Major Joey Asch, who works as an assistant district attorney
in Jerusalem, says he needs no warrant to arrest Palestinians
(Staff photo M. Horton). |
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ISRAELI Navy Commando Major Joey Asch spoke on the subject “Israel:
Through the Eyes of a Navy Commando” at American University
in Washington, DC on Nov. 14. He was introduced by Yosefi M. Seltzer,
chair of the American Association of Jewish Lawyers and Jurists’ Military
Bar Committee, and Hasbara Fellow Robert Tennenbaum of American
University Washington College of Law’s Israel and Law Society.
Organizers touted Asch’s speech as a “unique first-hand
account as an expert and patriot…recognized in Israel for
treating Palestinians with extreme humanitarian values.” In
1986, Asch joined the infamous Shayetet-13 Elite Navy Commando
Special Forces Unit, a military division born out of the Hagannah
naval forces. This unit has been involved in numerous covert
operations from “Operation Spring of Youth,” featured
in the forthcoming Steven Spielberg film titled “Munich,” to
the assassinations of Abu Jihad and Ahmed Jibril, and to Israel’s
current targeted assassinations in the West Bank and Gaza.
After studying law at Bar Illan University, Asch now works as
an assistant district attorney in Jerusalem. He continues to serve
as a commander in the navy reserves, most notably in Jenin during
the March-April 2002 “Operation Defensive Shield.” He
was promoted from captain to major after Israel’s two-week
invasion of Jenin, in which at least 72 Palestinians were killed
and 23 Israeli soldiers died, and over 800 local homes were destroyed
by Caterpillar bulldozers.
Considering Asch a potential war criminal, American University
Students for Justice in Palestine (AUSJP) organized a protest before
the event in which they read reports about what happened in Jenin
and held signs with the names of murdered Palestinians. Following
the demonstration, the activists filed in to listen to Asch’s
lecture, entitled “The many dilemmas for fighting terrorism.” As
a result, the majority of the 40-person audience was clad in black
and wearing keffyehs.
Asch described a number of scenarios in which he had to make a
quick decision about killing Palestinians, repeatedly asking the
audience “what do you do?” One scenario occurred when
he was studying at Bar Illan. In the early morning Asch had been
involved in a raid in Tulkarm, “an Israeli town,” he
said, to capture a “wanted man.” Later that day in
class, he was learning about due process—that arrests require
a warrant signed by a judge. He realized that his unit did not
have such a warrant for that morning’s arrest operation and
asked the audience, “Did I break the law? Did I violate human
rights? Obviously not.” He dismissed the applicability of
human rights and due process because, he argued, the law does not
apply to terrorists.
He continued to pose questions to the audience involving snap
decisions, without any reference to the reasons why he might be
in danger as an Israeli occupation soldier, followed by “what
would you do?” Not only did Asch not cite any law in his
arguments, but at one point he even stated he would not “quote
law books or legal journals” to support his arguments.
“You can’t be soft,” Asch said, in a New York
accent, as he related a story from “Operation Defensive Shield” concerning
a fellow soldier who was giving food to families as he operated
from their homes. This soldier was killed a few hours later, Asch
said, and, although he admitted he had no evidence to link the
two occurrences, Asch used the story to justify treating Palestinians
harshly. He also argued that Israel was more humane than other
armies because they go house to house in urban warfare, a tactic
that “minimizes civilian casualties” but is “dangerous
to soldiers.” By contrast, he said, Western countries normally
just bomb cities in which terrorists operate.
Following Asch’s speech, the activists read a mock arrest
warrant for war crimes, which was poorly received by the organizers.
As activists continued to challenge Asch during the question-and-answer
period, the organizers called campus security to remove “disruptive” people.
For more information about this event, contact The Jewish Law
Students Association (JLSA) at <jlsa@wcl.american.edu>.
—Matt
Horton
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