Hannibal, the Punic military commander from Carthage who was loathed by the Romans, poisoned himself to death to avoid falling into their hands following a string of victories that made him a very wanted man in Rome. Is the IDF's "Hannibal Protocol" -- a blanket order issued to combat units to use overwhelming force to prevent a soldier from being abducted, even at the risk of killing that soldier -- inspired by the famous military leader's act of suicide? We can assume it is. Why the lengthy introduction? Because a dangerous process is methodically and tendentiously taking place -- in Israel in general and the IDF in particular -- whereby every emotion across the globe is viewed through a prism of jurisprudence. Indeed, according to former Supreme Court President Aharon Barak: The world is a court. On Tuesday we learned that State Comptroller Yosef Shapira recommended that IDF Chief of Staff Lt. Gen. Gadi Eizenkot revoke the Hannibal Protocol. If this was the 1980s, it's doubtful anyone would question such an order. Moreover, the state comptroller would never dare think of "recommending" anything to the IDF chief of staff. Today, however, it appears the state comptroller enjoys an entirely different status. The IDF operates according to a plethora of orders and directives. This is natural and logical. Commands are issued verbally and in writing. Such is the case with the Hannibal Protocol. However, if the state comptroller indeed launched an overview of this complex matter, it should not be conducted from offices far removed from the field of battle -- or in other words he should not initiate a debate over the legal merits of the Hannibal Protocol without any sort of idea of how a battle unfolds when a soldier is abducted. Doing so would have a very far-reaching impact. Let us examine the state comptroller's notes: In the case of a soldier's abduction during battle, there is room to consider the principles of international law, such as the principles of discerning and proportionate force. What is the principle of proportionality? Who is the authority that can determine, at the height of battle and during an abduction attempt, that thwarting the abduction with a barrage of extraordinary force is sufficiently proportionate or not? In other words, when does meeting the overall military objective justify the barrage of fire? In addition, the state comptroller's recommendation stipulates that the higher command, which issued the blanket order, should be summoned during a battle to make the call. Moreover, says Shapira, soldiers on the ground should heed the principles of international law, which among other things demand that "innocent" civilians not be hurt; and they should also consider the risks involved in escalating the situation. This does sound very grave. Because assuming that the chief of staff ordered, as indeed he did, the army to re-examine the Hannibal Protocol in accordance to military developments on the ground, policy etc. -- then this order is already part of the army's structure and conduct. Why then would an entity such as the state comptroller delve into an area outside his jurisdiction? What does he have to do with military "ethics"? Why is the chief of staff being asked to carry out the state comptroller's instructions with the Military Advocate General, to ensure that the ethical aspects are clear to the higher command and operational forces on the ground? In my opinion, if this is a directive from the state comptroller, then the dilemma of innocent bystanders is again at the source. While the army's conduct is criticized the world over, surprisingly regarding the judicial system tying the army's hands behind its back so it can't adequately fight terror, now we are presented with the state comptroller's recommendation that makes this fight to eliminate terror even more difficult. Someone needs to tell the state comptroller in very simple terms that some matters do not pertain to the job of a public servant, whatever his status may be.
Abducting the Hannibal Protocol
מערכת ישראל היום
מערכת "ישראל היום“ מפיקה ומעדכנת תכנים חדשותיים, מבזקים ופרשנויות לאורך כל שעות היממה. התוכן נערך בקפדנות, נבדק עובדתית ומוגש לציבור מתוך האמונה שהקוראים ראויים לעיתונות טובה יותר - אמינה, אובייקטיבית ועניינית.
