
Zomi Frankcom did not deserve(应得,值得) to die. She and her six colleagues were traveling in a clearly marked humanitarian convoy to distribute food to starving Palestinians on a route that had been communicated well in advance(提前,预先) to the Israel Defense Forces (IDF). It bombed them deliberately(故意地,蓄意地) and repeatedly(反复地,再三地). Israel’s prime minister, Benjamin Netanyahu, announced the next day that the attack was a “mistake(错误,失误)” and a few days later its two commanders were forced to retire, and three others were discipline(惩戒,处分)d. An internal inquiry followed, but this week – well over two years later – the IDF announced that there would be no further investigation because there could be no suspicion that any crime had been committed: it was merely a mistake.(内部调查随后进行,但本周——两年多之后——以色列国防军宣布不会进一步调查,因为不可能怀疑有任何罪行发生:这仅仅是一个错误。) This is a serious misunderstanding of the law of war(战争法).
佐米·弗兰克姆不该死。她和六名同事乘坐一辆标识清晰的人道主义车队,前往向饥饿的巴勒斯坦人分发食物,行进路线早已提前通报给以色列国防军(IDF)。以军却蓄意且反复地轰炸了他们。以色列总理本雅明·内塔尼亚胡次日宣布这次袭击是一个“错误”,几天后,两名指挥官被迫退役,另外三人受到纪律处分。随后进行了内部调查,但本周——两年多之后——以色列国防军宣布不会进行进一步调查,因为不可能怀疑有任何罪行发生:这仅仅是一个错误。这是对战争法的严重误解。
Mistakes may have fatal(致命的) consequences and, if they are the result of gross negligence(重大过失) or reckless or irresponsible conduct, they are culpable(有罪的,应受谴责的) and deserving of punishment. The crime of manslaughter(过失杀人罪) in Australian and English law reflects this grave level of criminality. In war law, under article 8 of the statute(规约,章程) of the international criminal court (ICC) “intentionally launching an attack in the knowledge that(明知……的情况下) such an attack will cause loss of life to civilians” and “directing attacks against personnel or vehicles involved in humanitarian assistance” are serious war crimes which may be committed by mistakes made through negligence or blind eyes turned to(对……视而不见) their foreseeable(可预见的) consequences. The IDF decision not to investigate Zomi’s killing on the grounds that(以……为理由) it was merely a “mistake” is not a legitimate(合法的,正当的) reason and the Israeli government’s refusal even now to apologise is despicable(可鄙的,卑劣的).
错误可能造成致命后果,如果错误源于重大过失或鲁莽、不负责任的行为,那么这些错误就是有罪的,应受惩罚。澳大利亚和英国法律中的过失杀人罪反映了这种严重的犯罪程度。在战争法中,根据国际刑事法院(ICC)规约第八条,“明知攻击将造成平民生命损失而故意发动攻击”以及“指示攻击参与人道主义援助的人员或车辆”是严重的战争罪,这些罪行可能因疏忽或对可预见后果视而不见而犯下。以色列国防军以“仅仅是一个错误”为由决定不调查佐米之死,这不是正当理由,而以色列政府至今仍拒绝道歉,实在可鄙。
Not that(并不是说) an investigation by the IDF is likely to lead to an indictment(起诉,控告) of those who ordered the attack. According to statistics(统计数据) provided by a UN inquiry into “Operation Cast Lead(铸铅行动)”, the 22-day war in 2009, more than 1,000 Palestinians were killed, but no indictments were brought against those responsible for this exercise in urban military aggression(侵略,攻击性) (provoke(挑衅,激起)d by Hamas rocket attacks). There were many war crime allegation(指控,断言)s including attacks on hospitals and mosques, and the IDF commence(开始,着手)d 400 investigations against individual soldiers but only two were ever brought to trial and the only prison sentence(判决,刑期) – of seven months – was impose(强加,征收)d on a soldier for stealing a credit card.
这并不是说以色列国防军的调查可能会起诉那些下令发动袭击的人。根据联合国对“铸铅行动”(2009年为期22天的战争)的调查统计,超过1000名巴勒斯坦人被杀,但没有对这次城市军事侵略行动(由哈马斯火箭袭击引发)的责任人提出起诉。有许多战争罪指控,包括袭击医院和清真寺,以色列国防军对个别士兵展开了400项调查,但只有两起被送上法庭,唯一的监禁判决——七个月——是针对一名偷窃信用卡的士兵。