Abstract

Israel’s conduct in the Occupied Territories in recent decades has been profoundly affected by three theologies: the messianic-kabalistic theology of Rabbi Abraham Yitzhak Ha-Cohen Kook and his son Rabbi Zvi Yehuda Ha-Cohen Kook; the messianic-Hasidic-kabalistic-racist theology of Rabbi Yitzhak Ginsburg; the violent, racist theology of Rabbi Meir Kahane. In the spirit of the three theologies, Israeli politics of the past four and a half decades has set the continuous possession of Judea and Samaria, and the deepening and expansion of the settlement project therein, as the supreme goal of Zionism, Jewish nationalism. Moreover, the three theologies dictated much of the settlement policies of the government. Additionally, the three theologies have dictated much of the daily practices to which the Palestinian residents of the Territories have been subjected. All of this means that soldiers who are required to serve in the Occupied Territories, to die in them, and to kill Palestinians in the course of their military service therein, have been subjected to a politics motivated, to a substantial extent, by a religious culture premised on religious theologies. If such soldiers wish to refuse to abide by the orders given them to serve in the Occupied Territories, they can resort to the two traditional doctrines recgnized by liberal jurisprudence: the doctrine of civil disobedience and the doctrine of conscientous objection (Often there is an overlapp between the two defences). I argue that in addition to these two traditional doctrines, secular soldiers who are asked to serve in the Occupied Territories may resort to a doctrine I call “culture-based refusal.”