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A Soldier’s Freedom of Expression
Excerpts;
Sergeant Hananel Dayan’s refusal to shake hands with the chief of staff at the traditional ceremony for outstanding soldiers at the President’s Residence might have remained an anecdote on the margins of the Independence Day events. The soldier came up onto the stage, saluted Lieutenant General Dan Halutz as required by military orders and therein fulfilled his duty. He neither said anything explicit nor explained his action, which could perhaps have constituted illicit public expression on a political or military matter, contrary to General Staff regulations.
The outstanding combat soldier, a resident of the settlement Psagot near Ramallah, many of whose family members were evacuated from Gush Katif, behaved inappropriately when he refused to shake the outstretched hand of the person who is, as the Basic Law on the Army puts it, “the supreme commanding rank in the army.” Even when senior officers asked him to apologize to the chief of staff, his cooler head did not prevail. As has been reported, the soldier made it clear he was prepared to have his conduct examined in any suitable framework.
It would be better if the law were not enforced when it came to feelings. Any punishment of the outstanding soldier, except for a “commanders’ note” on his personal record, would be a disproportionate violation, above and beyond the requisite, of his human dignity and freedom of expression. It would cause the IDF, which is investing a lot of effort in improving its public relations, more harm than good. Recognition by the IDF of the legitimacy of declining a handshake, as opposed to refusing an order, would be in keeping with the processes recognizing the individual’s dignity and right to personal expression. Raising human dignity and freedom to the level of a constitutional right motivated the High Court of Justice to recognize the right to individual inscriptions on soldiers’ gravestones, contrary to the army’s position. The right to personal expression, at least to a minimal and moderate extent, as in this case, is also the right of soldiers who fight and follow orders, even if they are not comfortable with them.
Leading Leftist Commentator Slams IDF for Punishing Soldier for Not Shaking Halutz’s Hand
Excerpts;
“Army of the People or Army of the COS?”
Sergeant Hananel Dayan, a settler from Psagot, may not be a “Hero of Israel”, as the extreme right activist Baruch Marzel termed him, but he is a brave soldier who is worthy of esteem… Dayan was removed from his brigade. Such is done in the banana republic to those who don’t shake the hand of the COS. The IDF cannot stand soldiers who think. And certainly not soldiers who express their thoughts and even protest legally – also in the IDF there is no order that obligates shaking the hand of the COS . If the IDF was an organization that was a little more open it would encourage soldiers that think otherwise, and despite that fulfill all the orders and even excel in their service, as Sergeant Dayan…The greatest danger now facing the IDF is that it will be composed only of soldiers that are automatons.
Hat tip to Aaron Lerner of IMRA (Independent Media, Research and Analysis).