Put Palestinian Tactics, Not Israeli Military Justice, On Trial

Jonathan S. Tobin 

Yesterday, the New York Times devoted considerable space to the story of one Islam Dar Ayyoub, a 15-year-old Palestinian from a village near Ramallah. According to the story, Ayyoub’s childhood was stolen from him when he was thrust into Israel’s military court system a year ago. Ayyoub is the Times’ candidate for the position of poster child for what it calls Israel’s “harsh, unforgiving methods” in dealing with Palestinian violence. But though the purpose of the story was to indict Israel, anyone reading between the lines of Ayyoub’s sob story could see the real villain of this tale is not Israel’s military but the Palestinian “activists” who have exploited their children. They are recruited into gangs explicitly tasked with starting violent confrontations with Israelis by the throwing of stones and other lethal weapons, hoping the soldiers will defend themselves and kill one of the kids.

Ayyoub is depicted as a victim because he gave up his confederates to the Israelis and in particular a local Palestinian adult named Bassem Tamim, who was the overseer of what in any other context would be called a violent youth gang. “Human rights” activists think the prosecution of this person should be scrapped because the kid who dropped the dime on him didn’t have a lawyer or his parents present when he talked. That might be what would happen on an episode of “Law and Order,” but the realities of the Middle East conflict are such that Israel’s tactics are justified.

Getting arrested and questioned by the Israeli military was probably no picnic for Ayyoub. Yet, as the Times reported, he was not tortured. His interrogation was videotaped and reveals nothing the Palestinians could claim was an atrocity. Like many another culprit, he got scared and talked. The result was not an injustice but the arrest of an adult Palestinian who exploited Ayyoub and other village kids in an effort to keep the war against Israel alive. Tamim and other Palestinian terror facilitators train kids to attack soldiers and hope some will be hurt. They are not promoting non-violence but instead are deliberately placing teenagers into harm’s way so as to provide more martyrs for their cause.

As France’s World War One leader, Georges Clemenceau, said, “military justice is to justice as military music is to music.” But the situation on the West Bank is complicated because Israel is still forced to have a security presence in the region in order to prevent attacks on its forces and civilians. Because it is impossible to apply Israel’s own civilian laws in the area, the military uses the laws that existed there before Israeli rule from the British and Jordanian eras. But unlike the courts run by the Palestinian Authority, all terror and violence suspects are given trials and have the chance to defend themselves. The system is, like all justice systems, imperfect, but despite the assumption that Israel’s actions are unfair, there was nothing in the story that doesn’t pass the smell test.

We are told in the conclusion to the piece that Ayyoub, who has been released unharmed and is free to go to school, is afraid of the soldiers. More likely, he is afraid of revenge from other Palestinians who treat people who inform on those involved in violence as “traitors.”

Until the Palestinian leadership is prepared to recognize the legitimacy of a Jewish state and make peace, Israel will be forced to keep order in the region and to do its best to fend off terrorism and the orchestrated riots that were at the core of the Ayyoub case. The real scandal is the willingness of Palestinians to sacrifice children like Islam Ayyoub on the altar of hate for Israel.

http://www.commentarymagazine.com/2012/02/20/palestinian-tactics-israeli-justice-west-ban/