Conscience at War: The Israeli Soldier as a Moral Critic

9. Refusal on Trial: From Morality to Credibility

9 Refusal on Trial From Morality to Credibility Combatants' understanding of principles of justice does not guarantee that these principles are honestly held or believed, particularly when one's own life is at stake as in a war situation. These principles might be used as an excuse for not doing one's own duty, as a cover for fear, or even for revolutionary plans. These principles may place an extra risk and greater likelihood of casualties on those who are left in the unit and obliged to carry out the burden of the refuser's conscience. As has been noted by Cohen (1971), "If in obeying his conscience another man is obliged to do what he believes-in good conscience-to be morally wrong, the genuineness of that conflict must give us a pause" (p. 212). Credibility refers to the weight given to admissible testimony. This characteristic is a crucial factor in any decision regarding the veracity of the witness' testimony (Feeney 1987). It has a special weight in decision making regarding a combatantwho refuses to perform a specific mission or obligation in the name of moral convictions . It is thus a crucial dimension in the attempt to evaluate the claims and actions of selective conscientious objectors, particularly if we believe that "the principle of respect for persons does not require respect for the insincere conscience" (Childress 1982, p. 215). The validation of a deliberate choice to refuse is not only the responsibility of the objector but also the duty of the community. At some point, as has been noted by Walzer (1970), the objector may have to stand alone and defend his personal integrity against his fellow citizens. "But this is hard to do and we ought not pretend that it is (morally) easy. Nor ought we make it easy" (p. 130). Walzer 181 182 Conscience at War (1977) suggested we examine the combatant's credibility in line with the following three questions: How did the refuser reach his decision? How honestly did he confront his obligations? How seriously did he weigh the alternative course of actions and consider their likely consequences for others as well as for himself? How Did the Refuser Reach His Decision? Fear is the major obstacle to fulfilling one's own obligation, particularly during war time. Greenwalt (1989) writes: If a soldier has self-interested reasons, induding fear and likely deprivation, to avoid particular military duty, it may be impossible or highly difficult for him to decide if he is also conscientiously opposed to serving as well. For an outsider to try to make that judgment can be a daunting task. (p. 16) The question is, What makes a particular individual incapable of overcoming his fear? There seems to be an interesting connection between the experience of fear and one's own concept of morality and justice. It might be argued that, with the growing moral suspicion regarding a military conflict, soldiers may cease to find within themselves the willingness or the ability to overcome fear. Support for this is evident from the reasoning of this Lebanon objector: I guess that if there was no punishment many more people would have refused to go to Lebanon. When I was drafted there was a man who shouted, "I don't want to come back in a coffin." We should not be ashamed of the fact that we are afraid, even during the most just war. However, there are more chances of overcoming this fear when the war is just. But here we couldn't-at least I couldn't. Following the legitimization given by the Lebanon refusers to the talk about fear, the Intifada refusers further elaborated on its relationship to their refusal, using their experience in the Lebanon war as a frame of reference: During the Lebanon war, I learned to appreciate people who fear. ... Now, during the Intifada, I believe that Israeli society would talk with its enemy after recognizing that fear is humane. Another Intifada refuser added: Refusal on Trial 183 During the war in Lebanon there were many reasons to be afraid. If I refuse these days to serve in the territories, everyone would know I did not do it out of fear. With the increase of violence, the conventional notion of fear emerged among the Intifada refusers as well, as this refuser related: I cannot say that service in the territories is not frightening. I would like to...