“In official archives there are many empty spaces, remnants of documents destroyed to conceal any fact liable to undermine the prestige of some commander or other…Sometimes I asked myself how it was possible to conduct warfare at all, after I discovered what proportion of their time military commanders devoted to preparing the ground for the historians who would describe that warfare.” (B.H. Liddell Hart, Why Don’t We Learn From History)
In 2004, journalist and researcher Gershom Gorenberg informed ACRI that the IDF Archive had refused him access to archival material for purposes of the research he was then conducting on the beginnings of settlement in the Occupied Territories in 1967-1977.
By law, the IDF Archive is an inseparable part of the State Archive, but in practice it is administered by the defense authorities, and the State archivist has no control over it. All documents added to the IDF Archive are subject to a sweeping 50-year immunity or secrecy period, wherein the general public cannot access them. Anyone who wishes to examine these documents must submit a request and receive the status of “accredited researcher.” Gorenberg’s request for such status was denied on the pretext that he was studying a “sensitive” subject. ACRI and Gorenberg believed that the subject was not a security matter and that the disclosure of documents on this issue would not undermine the state’s security. On the contrary, the research of these issues could make a real contribution to the public debate on subjects of vital importance to the future of Israel and its citizens.
While dealing with Gorenberg’s case, ACRI became acquainted with the actions and mechanisms employed by the security establishment to erect obstacles for researchers and hamper free and unbiased research. We also discovered that the State Comptroller had already criticized the severe defects in the Archive’s administration, and among them: discrimination against researchers, intervention in the content of research, faulty and “confidential” work procedures, and delays in producing documents.
Restrictions on freedom of research in the State Archive disrupts study of the past and prevents us from learning lessons and conclusions vital to our present and future lives. Such restrictions impair democratic public discourse, and enable individuals to determine what citizens should be allowed to know, and as such, what they should think.
It may be assumed that there are matters for which exposure would undermine state security or other weighty values and interests. Yet, the criteria and practicalities of confidentiality as such, as distinguished from the confidential information itself, must be transparent and open to public debate and judicial review. Democratic countries are constantly confronted with the tension between freedom of expression and information and state security, and they endeavor to create a balance between them by means of various tests and mechanisms. In Israel, security issues are at the heart of public debate, and it is precisely because of their vital importance that the public and its representatives must be able to discuss them knowledgeably. Bureaucratic units are known to be overly fond of secrecy and when state security is concerned, this attitude can have far-reaching consequences. Over-classification can renders security bodies immune to criticism and encourage conceptual fixation.
In March 2004, ACRI submitted a petition on Gorenberg’s behalf to the Supreme Court. We demanded, first and foremost, that Gorenberg be permitted to examine documents relevant to his research. We also demanded the abolition of the status of “accredited researcher,” which the Comptroller described as a means of “filtering out” researchers and research projects which were undesirable to the security authorities. In addition, we demanded that the Archive be obliged to publicize the procedures governing its work and to abandon the procedure whereby Archive staff decide, instead of the researchers themselves, what archival material they require for his research.
As a result of the petition, Gorenberg’s request was re-examined and he was granted permission to peruse archival material, albeit of limited and insufficient scope, in our estimation, and ACRI has re-submitted its demands.
While the petition is still pending, we can already point to several fundamental changes which have occurred in the IDF Archive in the course of the litigation. For example, the Archive acceded to our demand to display catalogs and inventories to researchers and to enable them to select the material they wish to examine. In addition, criteria for declassification of documents have been published. Also, the State recently informed the Supreme Court that it intends to abolish the institution of “accredited researcher.”
However, the situation is still far from satisfactory. To cite one example: in 1988, then Minister of Defense, the late Yitzhak Rabin, gave orders to shorten the period of restriction of access of materials (immunity) in the IDF Archive from 50 to 30 years. Twenty years later, the bulk of the material relating to the period 1948-1956 is still classified and inaccessible to the public.
Concomitantly with the Supreme Court proceedings, we are trying to assist those researchers who approach us. Where appropriate, we demand, on their behalves, that they be permitted to carry out their research. In so doing, we have discovered that many scholars and researchers are unaware of their rights and of the various developments which may help them overcome the obstacles facing them.
Legal activity alone cannot suffice to promote freedom of research in archives. It is vital to ensure that all those interested in utilizing the services of the Archive receive all the necessary relevant information so that they can exert effective and coordinated pressure to change the situation.
The public is invited to share with ACRI any updates which can help us and others to promote freedom of research and information in the State Archive through our public hotline at 03-560-8185 or mail@acri.org.il. Needless to say, we will utilize any such material only with the consent of the provider of the information.
Only widespread action will help us produce the necessary changes in the administration of the State Archive to ensure freedom of information for all researchers and citizens.
