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Following Orders

Evacuated settlers sue IDF commanders for deceitful practice

West Bank outpost Yad Yair dismantled in September 2008. Evacuated settlers
currently suing IDF, Border Guard for damages, not following protocol on
settlement evacuation, saying they were unlawfully tricked into believing
they would not be evacuated. IDF: We reject attempts to threaten our
commanders
Aviad Glickman YNET Published: 07.24.09, 09:28 / Israel News
www.ynetnews.com/articles/0,7340,L-3751539,00.html

Residents of illegal West Bank outpost Yad Yair filed a civil suit against
three senior IDF officers for NIS 290,432 (about $74,600), charging that
they revoked their right for a hearing during the evacuation of the outpost
and unjustly destroyed their property.

The suit was filed with the Jerusalem Magistrate's Court under the council
of Attn. Doron Nir-Zvi against Judea and Samaria Division Commander Brig.
Gen. Noam Tivon, Civil Administration Chief Brig. Gen. Yoav Mordechai, and
Samaria Brigade Commander Colonel Aviv Reshef.

The complainants claim that the destruction of the outpost in September 2008
was carried out without any advance warning and through deceiving the
settlers residing there. Also according to the complainants, the night prior
to the evacuation, residents of nearby settlement, Dolev, noticed a buildup
of the IDF and Border Guard in the area. In a phone call to Colonel Reshef
to clarify the issue, the settlers were told they had nothing to be worried
about and that the forces were operating to halt terrorist activity, and not
to destroy the outpost.

Transcripts of the said phone conversation as well as others were also
submitted along with the suit in which the IDF commanders can allegedly be
heard making all efforts not to abide by the High Court order not to
dismantle the outpost.

The decision to file the suit was made after Deputy Attorney General Shai
Nitzan explained during a discussion in the Knesset Constitution, Law, and
Justice Committee that there are certain legally binding measures that must
be taken if an outpost is to be dismantled.

According to the complainants, the events leading up to the evacuation of
Yad Yair did not fit the description provided by Nitzan in the committee.
Not only was the evacuation carried out by surprise thus violating their
right to a hearing, but the authorities also turned a blind eye on the High
Court decree on the issue.

The evacuated settlers claim in their suit that the evacuation caused damage
to their buildings and property, trees were uprooted, and infrastructure was
intentionally damaged.

The IDF Spokesman Unit has said in response: "The damages claim is unknown
to the IDF. If it is received through accepted channels, the issue will be
checked thoroughly. The IDF rejects all attempts to threaten commanders and
deter them from carrying out their mission as charged upon them by the State
of Israel. Dismantling the illegal building in Yad Yair was carried out with
permission and authority, and no shortcomings were encountered in its
evacuation. Law enforcement officials will continue carrying out their
responsibility to protect law and order."



I support these law suits against individual officers, it will bring a level of personal responsibility to their willingness to follow orders.

Israel must never let the officers of the IDF fall back on the excuse of we were only following orders.

Following orders didn't work for the Nazi's and it must never work for the IDF.