Sticking to the rules of engagement

INTERVIEW: Lt-Col David Benjamin, the Israeli lawyer on the frontline in Gaza

The difficulties of separating military from civilian targets in the Gaza Strip were spelt out to English lawyers recently at an event held in London by the British-Israel Law Association.Israel Defence Forces' (IDS) legal adviser for Gaza Affairs, Lieutenant-Colonel David Benjamin, told the association about the problems associated with working with an army in a state of armed conflict.Speaking afterwards exclusively to the Gazette (and before the terrorist attacks in the US), Lt-Col Benjamin explained: 'My job is to advise the IDS's military commanders on what is legal and what is not according to the international rules of war.'I believe that our current situation is an unprecedented one in the history of armed conflicts, as there has been no official declaration of war, yet we are in a constant conflict situation.'Lt-Col Benjamin became involved with the Zionist movement while studying law in South Africa, where he qualified as a lawyer, and in 1989 emigrated to Israel where he almost immediately joined the Israeli army's legal department.Along with a small team, Lt-Col Benjamin advises on all legal and military matters to do with the Gaza Strip, for example, drafting rules of engagement for military commanders detailing what actions they can and cannot carry out.

'The guiding principle in any conflict is that innocent civilians should not be made party to any military attack,' he said.

'When, for example, a missile strike is launched at us from a civilian settlement, the military lawyer is placed in a very difficult situation - how does the army respond and repel the attack without harming civilians and so breaching international laws?'Military conflict, by its very nature, is unpredictable, and Lt-Col Benjamin admits there is often a difference between military theory - not to harm civilians - and the practice.

'I inform military commanders of their legal rights, and give them as much advance information as I can on the limitations of their powers,' he said.

'However, on the battlefield unexpected incidents do occur - such as a lone soldier coming under fire - and his rational reaction to the attack has to be taken into consideration.'He says the area is a 'fascinating' one, as 'nothing is straightforward.

There are no relevant precedents in this area of conflict, and my job is to try and maintain a delicate balancing act between our military aims and the duty to protect civilians.'However, Lt-Col Benjamin maintains that the reality of the situation is a sobering one, and means that the job can never really be enjoyable.

'The tragedy is that it is all actually happening and you are dealing with people's lives.'Victoria MacCallum