Kafr Qasim massacre
Encyclopedia
The Kafr Qasim massacre took place in the Israeli Arab village of Kafr Qasim
Kafr Qasim
Kafr Qasim , is a hill-top Israeli Arab city located about twenty kilometers east of Tel Aviv, near the Green Line separating Israel and the West Bank, on the southern portion of the "Little Triangle" of Arab-Israeli towns and villages. The town became notorious for the Kafr Qasim massacre, in...

 situated on the Green Line
Green Line (Israel)
Green Line refers to the demarcation lines set out in the 1949 Armistice Agreements between Israel and its neighbours after the 1948 Arab-Israeli War...

, at that time, the de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...

 border between Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

 and the West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...

 on October 29, 1956. It was carried out by the Israel Border Police
Israel Border Police
The Israel Border Police is the gendarmerie and border security branch of the Israel National Police. It is also commonly known by its Hebrew abbreviation Magav , meaning border guard, whilst its members are colloquially known as Magavnikim . Border Guard is often used as the official name of the...

 (Magav) and resulted in 48 Arab
Arab
Arab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...

 civilians dead, including 6 women and 23 children aged 8–17. Arab sources usually give the death toll as 49, as they include the unborn child of one of the women.

The border policemen who were involved in the shooting were brought to trial and found guilty and sentenced to prison terms. The Israeli court found that the command to kill civilians was “blatantly illegal”. Two officers were sentenced to 17 and 15 years imprisonment, later reduced to 5 years, and served a short term. The case established a legal principle in Israel
Superior Orders
Superior orders is a plea in a court of law that a soldier not be held guilty for actions which were ordered by a superior office...

 on when security personnel should disobey illegal orders.

In October 2006 schools around the country were instructed to observe the Kafr Qasim massacre
Massacre
A massacre is an event with a heavy death toll.Massacre may also refer to:-Entertainment:*Massacre , a DC Comics villain*Massacre , a 1932 drama film starring Richard Barthelmess*Massacre, a 1956 Western starring Dane Clark...

 and to reflect upon the need to disobey illegal orders. In December 2007, President of Israel Shimon Peres
Shimon Peres
GCMG is the ninth President of the State of Israel. Peres served twice as the eighth Prime Minister of Israel and once as Interim Prime Minister, and has been a member of 12 cabinets in a political career spanning over 66 years...

 formally apologised for the massacre.

Background

On the first day of the Suez War, Israel's intelligence service expected Jordan to enter the war on Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

's side. Acting on this intelligence, soldiers were stationed along the Israeli-Jordanian frontier http://www.morainevalley.edu/ctl/MiddleEast/images/Map_Israel1949_1967.jpg.

From 1949 to 1966, Arab citizens were regarded by Israel as a hostile population
Fifth column
A fifth column is a group of people who clandestinely undermine a larger group such as a nation from within.-Origin:The term originated with a 1936 radio address by Emilio Mola, a Nationalist General during the 1936–39 Spanish Civil War...

, and major Arab population centers were governed by military administrations divided into several districts. As such, several battalions of the Israel Border Police, under the command of Israel Defense Forces
Israel Defense Forces
The Israel Defense Forces , commonly known in Israel by the Hebrew acronym Tzahal , are the military forces of the State of Israel. They consist of the ground forces, air force and navy. It is the sole military wing of the Israeli security forces, and has no civilian jurisdiction within Israel...

 brigade commander Colonel Issachar Shadmi, were ordered to prepare the defense of a section close to the border officially known as the Central District, and colloquially as the Triangle
Triangle (Israel)
The Triangle , formerly referred to as the Little Triangle, is a concentration of Israeli Arab towns and villages adjacent to the Green Line, located in the eastern Sharon plain among the Samarian foothills; this area is located within the easternmost boundaries of both the Center District and...

. It contained seven villages close to the border, not far from Tel Aviv
Tel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...

, where about 40,000 Israeli Arab citizens lived. It was regarded as a strategically weak point by Israel, and regularly patrolled by soldiers to halt infiltration of fedayeen
Fedayeen
Fedayeen is a term used to describe several distinct militant groups and individuals in West Asia at different times in history. It is sometimes used colloquially to refer to suicide squads, especially those who are not bombers.-Overview:...

 and other Arabs across the border.

Timeline

On October 29, 1956, the Israeli army ordered that all Arab villages near the Jordanian border be placed under a wartime curfew from 5 p.m. to 6 a.m. on the following day. Any Arab on the streets was to be shot. The order was given to border police units at 3:30 before most of the Arabs from the villages could be notified. Many of them were at work at the time. That morning, Shadmi, who was in charge of the Triangle, received orders to take all precautionary measures to ensure quiet on the Jordanian border. On Shadmi's initiative, the official nightly curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...

 in the twelve villages under his jurisdiction was changed from the regular hours. Shadmi then gathered all the border patrol battalion commanders under his command, and reportedly ordered them to 'shoot on sight' any villagers violating the curfew. Once the order was given, the commander of one of Shadmi's battalions, Major Shmuel Malinki, who was in charge of the Border Guard unit at the village of Kafr Qasim, asked Shadmi on how to react to those villagers who were unaware of the curfew.

Malinki later testified as follows:

'[Shadmi said] anyone who left his house would be shot. It would be best if on the first night there were 'a few like that' and on the following nights they would be more careful. I asked: in the light of that, I can understand that a guerilla is to be killed but what about the fate of the Arab civilians? And they may come back to the village in the evening from the valley, from settlements or from the fields, and won't know about the curfew in the village - I suppose I am to have sentries at the approaches to the village? To this Col. Issachar replied in crystal clear words, 'I don't want sentimentality and I don't want arrests, there will be no arrests'. I said: 'Even though?'. To that he answered me in Arabic, Allah Yarhamu, which I understood as equivalent to the Hebrew phrase, 'Blessed be the true judge' [said on receiving news of a person's death]'.


Shadmi, however, denied that the matter of the returnees ever came up in his conversation with Malinki.

Malinki issued a similar order to the reserve forces attached to his battalion, shortly before the curfew was enforced: "No inhabitants shall be allowed to leave his home during the curfew. Anyone leaving his home shall be shot; there shall be no arrests." (ibid., p. 141)

At 4.30 p.m., the mukhtar
Mukhtar
Mukhtar meaning "chosen" in Arabic, refers to the head of a village or mahalle in many Arab countries as well as in Turkey and Cyprus. The name refers to the fact that mukhtars are usually selected by some consensual or participatory method, often involving an election. Mukhtar is also a common...

 (mayor) of Kafr Qasim was informed of the new time. He asked what would happen to the about 400 villagers working outside the village in the fields that were not aware of the new time. An officer assured him that they would be taken care of. When word of the curfew change was sent, most returned immediately, but others did not.

Between 5 p.m. and 6:30 p.m., in nine separate shooting incidents, the platoon led by Lt. Gabriel Dahan that was stationed in Kafr Qasim all together killed nineteen men, six women, ten teenage boys (age 14-17), six girls (age 12-15), and seven young boys (age 8-13), who did not make it home before curfew. http://journals.cambridge.org/bin/bladerunner?30REQEVENT=&REQAUTH=0&500001REQSUB=&REQSTR1=S0020743803000163.
One survivor, Jamal Farij, recalls arriving at the entrance to the village in a truck with 28 passengers:-

'We talked to them. We asked if they wanted our identity cards. They didn't. Suddenly one of them said, 'Cut them down' - and they opened fire on us like a flood.'


The many injured were left unattended, and could not be succoured by their families because of the 24 hour curfew. The dead were collected and buried in a mass grave by Arabs, taken for that purpose, from the nearby village of Jaljuliya. When the curfew ended, the wounded were picked up from the streets and trucked to hospitals.

No villagers in other villages under Shadmi's control were shot, because local commanders gave direct orders to disobey Shadmi's and Malinki's orders by holding fire. Also, among the platoons stationed in Kafr Qasim itself, only the one led by Dahan actually opened fire.

Following events

News of the incident leaked out almost immediately. However, it took two months of lobbying by communist
Maki (historical political party)
Maki was a communist political party in Israel. It is not the same party as the modern day Maki, which split from it during the 1960s and later assumed its name.-History:...

 Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...

 Members Tawfik Toubi
Tawfik Toubi
-Biography:Toubi was born in Haifa to an Arab Orthodox family in 1922, and was educated at the Mount Zion School in Jerusalem. He joined the Palestine Communist Party in 1941 and later was one of the founders of the League for National Liberation, which originally opposed partition of Palestine but...

 and Meir Vilner
Meir Vilner
Meir Vilner was an Israeli communist politician and Jewish leader of the Communist Party of Israel , which consisted primarily of Israeli Arabs...

, and members of the press, before the government lifted the media blackout imposed by David Ben-Gurion
David Ben-Gurion
' was the first Prime Minister of Israel.Ben-Gurion's passion for Zionism, which began early in life, led him to become a major Zionist leader and Executive Head of the World Zionist Organization in 1946...

. Meanwhile, the government had started to conduct an internal inquiry, involving, among others, the Criminal Investigations Division of the military police. To limit publicity, a military cordon was maintained around the village for months, preventing journalists from approaching (Robinson p. 400).

Following public protests, eleven Border Police officers and soldiers involved in the massacre were charged with murder. On October 16, 1958, eight of them were found guilty and sentenced to prison terms. Malinki received 17 and Dahan 15 years imprisonment. The court placed great emphasis on the fundamental responsibility of Shadmi, though the latter was not a defendant. Shadmi was subsequently charged as well, but his separate court hearing (February 29, 1959) found him innocent of murder and only guilty of extending the curfew without authority. His symbolic punishment, a fine of 10 prutot, i.e. a grush (one Israeli cent), became a standard metaphor in Israeli polemic debate. (Robinson, Lipmann, Bilsky). The fact that other local commanders realised they had to disobey Shadmi's order was cited by the court as one of the reasons for denying Dahan's claim that he had no choice.

The court of appeal (April 3, 1959) reduced Malinki's sentence to 14 years and Dahan's to 10. The Chief of Staff further reduced them to 10 and 8 years, then the Israeli President
President of Israel
The President of the State of Israel is the head of state of Israel. The position is largely an apolitical ceremonial figurehead role, with the real executive power lying in the hands of the Prime Minister. The current president is Shimon Peres who took office on 15 July 2007...

 reduced them to 5 years each. Finally, the Committee for the Release of Prisoners ordered the remission of one third of the prison sentences, resulting in all the convicted persons being out of prison by November 1959. (Lipmann) Soon after his release, Malinki was promoted and put in charge of security for the top secret Negev Nuclear Research Center
Negev Nuclear Research Center
The Negev Nuclear Research Center is an Israeli nuclear installation located in the Negev desert, about thirteen kilometers to the south-east of the city of Dimona. The purpose of Dimona is widely assumed to be the manufacturing of nuclear weapons, and the majority of defense experts have...

. In 1960, Dahan was placed in charge of "Arab Affairs" by the city of Ramla
Ramla
Ramla , is a city in central Israel. The city is predominantly Jewish with a significant Arab minority. Ramla was founded circa 705–715 AD by the Umayyad Caliph Suleiman ibn Abed al-Malik after the Arab conquest of the region...

 (Bilsky, p322).

Legal impact

The Kafr Qasim trial considered for the first time the issue of when Israeli security personnel are required to disobey illegal orders
Superior Orders
Superior orders is a plea in a court of law that a soldier not be held guilty for actions which were ordered by a superior office...

. The judges decided that soldiers do not have the obligation to examine each and every order in detail as to its legality, nor were they entitled to disobey orders merely on a subjective feeling that they might be illegal. On the other hand, some orders were manifestly illegal, and these must be disobeyed. Judge Benjamin Halevy
Benjamin Halevy
-Biography:Halevy was born Ernst Levi in Weissenfels, Germany and educated at the Universities of Freiburg, Göttingen and Berlin. He immigrated to what was then the British Mandate of Palestine in 1933 after Adolf Hitler became Chancellor of Germany, and studied at the Hebrew University of...

's words, still much-quoted today, were that "The distinguishing mark of a manifestly illegal order is that above such an order should fly, like a black flag, a warning saying: 'Prohibited!'." (Lippman, Bilsky)

The incident was partly responsible for gradual changes in Israel's policy toward Arab citizens of Israel
Arab citizens of Israel
Arab citizens of Israel refers to citizens of Israel who are not Jewish, and whose cultural and linguistic heritage or ethnic identity is Arab....

. By 1966, the military administration was abolished.

Memorials

On November 20, 1957, 400 distinguished guests and representatives from different sectors of Israeli society, including Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...

 members, cabinet ministers, members from the then ruling Mapai
Mapai
Mapai was a left-wing political party in Israel, and was the dominant force in Israeli politics until its merger into the Israeli Labor Party in 1968...

 party, national trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...

 officials, and notable members from neighboring Arab villages, held a reconciliation ceremony in memory of the victims at Kafr Qasim. The government subsequently distributed reparations to the family of the victims.

In October 2006, Yuli Tamir
Yuli Tamir
Yael "Yuli" Tamir is an Israeli academic and former politician who served as a member of the Knesset for the Labor Party between 2003 and 2010, and as Minister of Immigrant Absorption and Education.-Biography:...

, the education minister in Israel, ordered schools around the country to observe the Kafr Qasim massacre and to reflect upon the need to disobey illegal orders. In December 2007, President of Israel
President of Israel
The President of the State of Israel is the head of state of Israel. The position is largely an apolitical ceremonial figurehead role, with the real executive power lying in the hands of the Prime Minister. The current president is Shimon Peres who took office on 15 July 2007...

 Shimon Peres
Shimon Peres
GCMG is the ninth President of the State of Israel. Peres served twice as the eighth Prime Minister of Israel and once as Interim Prime Minister, and has been a member of 12 cabinets in a political career spanning over 66 years...

 apologised for the massacre. During a reception in the village for the Muslim festival of Eid al-Adha, Peres said that he came to Kafr Qasem to ask the villagers for forgiveness. "A terrible event happened here in the past, and we are very sorry for it," he said. The founder of the Islamic Movement in Israel
Islamic Movement in Israel
The Islamic Movement in Israel is a movement that aims to advocate Islam among Israeli Arabs. It operates on three levels: religious , social and anti-Zionist...

, Sheikh Abdullah Nimr Darwish, also spoke at the ceremony and called on religious leaders on both sides to build bridges between the Israelis and the Palestinians.

The townspeople of Kafr Qasim annually observe the massacre and a commemorative memorial was raised in the village. A museum dealing with the events was opened on October 29, 2006.

Operation Hafarferet

Approximately 1/3 of the court hearings were held in secret, and the transcript has never been published. According to journalist Rubik Rosenthal, the court received descriptions of a secret plan called Operation Hafarperet ("mole") to expel the Arabs of the Little Triangle in case of a war with Jordan. However, Rosenthal found no evidence that the killings were part of the plan or in any way pre-planned. Like many tentative scenarios, such a plan has never been put into effect.

See also

  • List of massacres in Israel
  • Killings and massacres during the 1948 Palestine War
  • Sabra and Shatila massacre
    Sabra and Shatila massacre
    The Sabra and Shatila massacre took place in the Sabra and Shatila Palestinian refugee camps in Beirut, Lebanon between September 16 and September 18, 1982, during the Lebanese civil war. Palestinian and Lebanese civilians were massacred in the camps by Christian Lebanese Phalangists while the camp...

  • Persecution of Muslims
    Persecution of Muslims
    Persecution of Muslims is the religious persecution of Muslims as a consequence of professing their faith, both historically and in the current era.-Anatolia:...


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