A team of Israeli lawyers are
suing the Lebanese government for starting the war. The case, to be filed in US
civil court, will sue for compensation and war damages incurred by Israeli
residents and businesses. 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 into Israel.
The contested justification for Israel's 'self-defense'
invasion, and the location of its 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 that
the capture occurred in Lebanon -- not Israel -- are now widely known: AFP,
Hindustan Times, Deutsch Press Agency, Asia Times, Bahrain News Agency and
Voltairenet are a few. 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 5:41 a.m. 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 a.m.,
Associated Press Writer Joseph 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 p.m.,
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 9 a.m. 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 9:05 a.m.
in the vicinity or in front of Ayt Al Shaab village the members of the
resistance have abducted two soldiers. At 9:15 a.m.
the resistance shelled the position of the enemy in the occupied territories.
At 10:10 a.m. 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. 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.
MICHAEL HOLMES: . . . but crossing over the border into
Israel, killing and seizing soldiers, what did you think would happen?
FARID 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?
A: How can you possibly say Israel? This is an occupied
land, occupied Palestine.
Q: All right. Was it in occupied Palestine or Lebanon?
A: It was in Lebanon, on the border.
Q: On the border -- what town? Where was it near?
A: There is no town. It was a military post.
Q: Did Hezbollah cross over into Israel?
A: 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?
A: 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 has worked with ABCnews, Al-Arabiya, Asia Times,
Tehran Times, Syria Times and Iran News Daily. She has studied Arabic in
Palestine, Syria and Lebanon, and recently observed the presidential
elections in Iran. She wrote about the coming Hezbollah-IDF border crisis in
"Faking the Case Against Syria" in November 2005.