August 15, 2006
A team of Israeli lawyers is now suing
the Lebanese government for starting the war. The case, to be
filed in US civil court, will sue for compensation and damages
incurred by Israeli residents and businesses as a result of the
war. Attorneys Yehudah Talmon, Yoram Dantziger and Nitzah Libai
claim the Lebanese government violated international law because
it didn't stop Hezbollah's casus belli cross-border raid against
Israel.
Israel's justification for
its 'self-defense' attack on Lebanon, and the placement of the
original "provocation" will take on new legal significance
in coming months. Who infiltrated whom, and on what territory
did the initial capture of the IDF soldiers occur? Differing
press accounts stating that the capture occurred in Lebanon-
not Israel- are now widely known: most frequently cited are AFP,
Hindustan Times, Deutsch Press Agency, Asia Times, Bahrain News
Agency and Voltairenet. Others reflect changes of direction in
the recording of basic facts.
Newsweek's Michael Hirsh of
MSNBC.com, on July 12, said: "As a result, things are blowing
up so quickly it's difficult to know where to focus any longer.
After the kidnapping of two Israeli soldiers by Hizbullah in
Lebanon on Wednesday, which the hard-line group linked to a similar
kidnapping by Hamas the week before, the mideast seemed to be
closer to all-out war."
By July 13, the story out of
MSNBC.com's Jerusalem bureau was different. In a piece titled
"Crisis allows Israel to pursue strategic goals- Kidnappings
give Israel excuse to neutralize Hamas, Hezbollah", Jerusalem
bureau chief Steven Gutkin wrote: "Kidnappings changed everything:
All that changed Wednesday, when Hezbollah guerillas crossed
into Israel, seizing Goldwasser and Regev and killing eight other
soldiers in the ensuing fighting."
AP also ran changed versions.
On July 12, at 5:41AM Joseph Panossian wrote: "The militant
group Hezbollah captured two Israeli soldiers during clashes
Wednesday across the border in southern Lebanon, prompting a
swift reaction from Israel, which sent ground forces into its
neighbor to look for them."
At 7:09 AM, Panossian had altered
his report: "The Hezbollah militant group captured two Israeli
soldiers during clashes along the Lebanese border on Wednesday."
By late afternoon, at 4:13
PM, AP's Panossian had completely shifted location: "Hezbollah
militants crossed into Israel on Wednesday and captured two Israeli
soldiers. Israel responded in southern Lebanon with warplanes,
tanks and gunboats, and said eight of its soldiers had been killed
in the violence."
Israeli sources went almost
unnoticed. Cybercast News Service (CNSNews.com) of July 12 said:
"The abduction of two Israeli soldiers by Hizbullah militants
in southern Lebanon was not a terrorist attack but an act of
war, Israeli Prime Minister Ehud Olmert said Wednesday."
Australia's ABC News (Reuters)
on July 13 quoted the IDF: "The sources say the Israeli
soldiers had been seized at around 9am local time across the
border from Aita al Shaab, some 15 kilometers from the Mediterranean
coast. The Israeli army confirmed that two Israeli soldiers had
been captured on the Lebanese frontier. Israeli ground forces
crossed into Lebanon to hunt for the missing soldiers, Israeli
Army Radio said."
Voice of America, Jerusalem,
on July 12 said: "Speaking to reporters outside the Israeli
Foreign Ministry, spokesman Mark Regev says Hezbollah is responsible
for the violence. "It appears we have an escalation in the
North," he said. "It is very clear that the escalation
started on the Lebanese side of the border, and Israel will respond
appropriately."
In his article "Casus
Belli", IDF Brigadier General Moshe Yaalon wrote: "The
present crisis was initiated- in Gaza by Hamas and in southern
Lebanon by Hezbollah- from lands that are not under Israeli occupation."
New Republic, July 31.
A quote by Hamas political
bureau member Mohammad Nazzal in the July 13 edition of Haaretz
said: "This is a heroic operation carried out against military
targets and so it is a legitimate operation, especially as it
took place in occupied Lebanese territory."
A Lebanese government official
told this writer that the first information about the soldiers'
capture in southern Lebanon came from the Lebanese Army Police,
a source also quoted in many media accounts. "At the beginning
the Lebanese Army said it was on the Lebanese side," the
official told me. The verbatim Army communique' to the Lebanese
government follows: " 'At 9:03 or 9:05am in the vicinity
or in front of Ayt Al Shaab village the members of the resistance
have abducted two soldiers. At 9:15am the resistance shelled
the position of the enemy in the occupied territories. At 10:10am
the Resistance and Israeli forces clashed with each other in
the area of Naqoura,' on Lebanon's side of the border."
Lebanon's Ambassador to the
US, Farid Abboud discussed the events publicly on July 12, 2006.
Because of his stance to CNN Abboud was reprimanded, and recalled
to Lebanon._
MICHAEL HOLMES, CNN International:
"You say that you don't want any escalations, but ...
FARID ABBOUD: No, we don't.
HOLMES: ... but crossing over
the border into Israel, killing and--seizing soldiers, what did
you think would happen?
ABBOUD: I'm not sure where
the location of the attack took place. I understand that there
was another battle, also, where during which the Israelis crossed
Lebanese soil and that the casualties that fell then were inside
Lebanon territory ... We do not want any escalation, and I don't
think we have ever attacked Israel. I mean, Israel has always
occupied our territory, and we have always defended ourselves.
Our position has always been very reactive, defensive.
This writer then spoke to the
chief of the Lebanese Defense Cabinet General Edmond Fadel in
Beirut for clarification. He said he was not authorized to speak
on Hezbollah's position.
Hezbollah's position had been
cited in the Jerusalem Post of July 12 : "Hizbullah leader
Sheikh Hassan Nasrallah said the timing of the capture of two
Israeli soldiers in southern Lebanon on Wednesday would boost
the position of Palestinians in Gaza."
It was a view Hezbollah spokesman
Ibrahim Mousawi had reiterated to me on July 16 by phone. He
insisted that the crisis occurred on the Lebanese side of the
border "in front of the village of Ayt Al Shaab" adjacent
to a military post.
On August 2, I discussed the
kidnapping issue again with Hezbollah's Mousawi in Beirut.
Q: We spoke earlier on July
16, 2006 about this issue and I would like to make it official.
The Lebanese Army has claimed that the Israeli soldiers captured
on July 12, 2006 were captured in Lebanon, not Israel as we hear
in the US. Were they caught inside Israel or Lebanon?
MOUSAWI: How can you possibly
say Israel? This is an occupied land, occupied Palestine.
Q: Alright. Was it in occupied
Palestine or Lebanon?
MOUSAWI: It was in Lebanon,
on the border.
Q: On the border- What town?
Where was it near?
MOUSAWI: There is no town.
It was a military post.
Q: Did Hezbollah cross over
into Israel?
MOUSAWI: This has never been
claimed by Hezbollah- only on the border. And don't say Israel-
its occupied Palestine.
Q: The IDF soldiers in the
tank who hit the mine and were killed?
MOUSAWI: It was all in the
Lebanese lands when they wanted to penetrate- to go after the
resistance.... No one believes anymore that this is about the
two soldiers, not with the destruction of the infrastructure.
Besides, Hezbollah got information that this Israeli aggression
was scheduled to take place this September or October...
According to Attorney Yehudah
Talmon, Israelis will also sue to collect money from Lebanese
assets and property in the United States. "No group associated
in any way, shape or form to Hizbullah is immune to these claims."
Never mind if the claims are based on shifting boundaries.
Trish Schuh wrote on the coming Hezbollah-IDF
border crisis in Counterpunch's "Faking the Case Against
Syria" in November, 2005. She was a co-founder of
Military Families Support Network and is a member of Military
Reporters & Editors covering the middle east.
Trish Schuh writes about Middle East politics.
She can be reached at: hsvariety@yahoo.com