Israeli forces raided a Palestinian family home in Silwan on Saturday, 18 September. The Karki family were accused by armed forces of attacking nearby Israeli settlers.
Ahmad Siyam told Silwanic that a group of Palestinian children playing in the street were in fact attacked by settlers, leading to a confrontation. When the children continued playing after, a settler arrived 10 minutes later with an Israeli forces escort to arrest the children. When the children ran away, armed forces raided the Karki home.
Attorney Hussein Abu Hussein, who represented Rachel Corrie’s family in its suit against Israel, says they knew from the beginning that it would be an uphill battle to find truth and justice in an Israeli court.
On Tuesday, Judge Oded Gershon of the Haifa District Court dismissed the civil lawsuit I brought on behalf of Rachel Corrie’s family against the State of Israel for the unlawful killing of their daughter, an American peace activist and human rights defender who legally entered Gaza to live with Palestinian families in Rafah whose homes were threatened by demolition.
While not surprising, the verdict is yet another example of impunity prevailing over accountability and fairness and it flies in the face of the fundamental principle of international humanitarian law – that in a time of war, military forces are obligated to take all measures to avoid harm to both civilians and their property.
Rachel Corrie on March 16,2003
It is not the first time courts have denied victims of Israeli military actions the right to effective remedy. Just ask the many Palestinians who have faced a myriad of legal hurdles and fought for decades simply to have their day in court. Thousands of legitimate claims continue to be denied based on the controversial legal theory – which Judge Gershon adopted – that soldiers should be absolved of civil liability because they were engaged in military operational activities in a war zone.
Rachel’s case is unique because she was the first foreign national to be killed while protesting Israeli occupation, though she was hardly the last. Tom Hurndall, a British peace activist, was shot in the head and killed by an Israeli sniper less than three weeks after Rachel was killed. And less than a month after that, James Miller, a British cameraman was also shot and killed by the IDF in Rafah.
In reaching his decision in Rachel’s case, Judge Gershon accepted virtually all of the government’s legal arguments and either ignored or distorted critical facts in order to reach his decision. For example, he concluded that Rafah was a closed military zone, as declared by the Israeli military’s southern command (never mind that no such order was presented in court, and the ground unit commander testified he was unaware of the area’s designation as a closed zone). And that conclusion had implications.
When the former Gaza Division’s Southern Brigade Commander Colonel Pinhas (Pinky) Zuaretz, who was in charge in 2003, testified, he confirmed that the rules of engagement at the time Rachel was killed were to “shoot to kill any adult person on the [Philadelphi] route.” As another Israeli colonel who testified put it: “There are no civilians in a war zone.” By accepting the testimony of Zuaretz and others, Judge Gershon essentially accepted that the “shoot to kill” order was acceptable, which violates the fundamental tenets of international humanitarian law, mandating that soldiers distinguish between combatants and civilians.
We knew from the beginning that it would be an uphill battle to find truth and justice, but we are convinced that this verdict not only distorts the strong evidence presented in court, but also contradicts fundamental principles of international law with regard to protection of human rights defenders. In denying justice in Rachel Corrie’s killing, this verdict is part of a systemic failure to hold the Israeli military accountable for continuing violations of basic human rights. As former U.S. President Jimmy Carter put it: “The court’s decision confirms a climate of impunity, which facilitates Israeli human rights violations against Palestinian civilians in the Occupied Territory.”
The Corrie family has always stressed that the purpose of this lawsuit was larger than compensation for their loss. For them, it was about understanding exactly what happened to Rachel and exposing the injustices their daughter and her friends in the International Solidarity Movement stood against. They filed suit on advice of Lawrence Wilkerson, former Chief of Staff to U.S. Secretary of State Colin Powell, who, on behalf of the State Department, told the family in 2004 that the United States did not consider the investigation into Rachel’s death to be “thorough, credible and transparent.”
The U.S. government has repeatedly reiterated its position regarding the failed investigation, and after nearly seven years of mounting evidence since the case was initially filed, it has become even clearer that the military conducted its investigation not to uncover the truth of what happened, but rather, to exonerate itself of any blame.
In his decision, Judge Gershon concluded that because Rachel put herself in harm’s way, she is to be blamed for her own death. That conclusion puts at serious risk the lives of human rights defenders and it creates yet another dangerous precedent regarding the protection of civilians in war. Not surprisingly, the court avoided any analysis of international law obligations.
The verdict ensures that the Israeli culture of impunity will continue unchecked. Rachel Corrie lost her life standing non-violently with those who have been subject to Israel’s systematic policy of destruction and demonization. Like the Freedom Riders in the United States who, during the civil rights movement, joined oppressed black communities in their struggle for equality, Rachel and her friends in the ISM presented a new challenge and model of non-violent activism, solidarity and resistance to the longest military occupation in modern history.
In a country in which the judicial system has enabled the occupation for almost 50 years, I suppose it’s not surprising that the judicial system blamed the victim for her own death.
Hussein Abu Hussein is a human rights lawyer and co-founder of the Arab Association for Human Rights.He represented the Corrie family in their case against the Israeli government and the Israeli Ministry of Defense.
By Addameer, Al-Haq and Physicians for Human Rights-Israel (PHR-IL)3 August 2012 | International Solidarity Movement, West Bank
Addameer Prisoner Support and Human Rights Association, Al-Haq and Physicians for Human Rights-Israel (PHR-IL) fear for the lives of the three remaining Palestinian hunger strikers held by Israel. Of utmost concern are the health conditions of administrative detainees Samer Al-Barq, today on his 105th day of renewed hunger strike following his previous 30-day hunger strike, and Hassan Safadi, today on his 75th day of renewed hunger strike following his previous 71-day hunger strike.
According to Addameer lawyer Fares Ziad following his visit to Ramleh prison medical clinic on 30 August, Samer was too weak to meet with him and could not get out of bed. Mr. Ziad met with Hassan and fellow hunger striker Ayman Sharawna, who is on his 65th day of hunger strike today. During their visit, Hassan told Mr. Ziad that both he and Samer had recently been taken to Assaf Harofeh hospital for a few days due to the further deterioration of their conditions and doctors informed them that their lives were under immediate
Hassan is experiencing such extreme fatigue that he is unable to sleep, and instead falls unconscious 2-3 times each day. Due to slow heart rate and severe potassium deficiency, Hassan was taken to Assaf Harofeh for testing from 27-29 August. Hassan was told by the doctors in the hospital that the tests revealed that his immunity level has fallen dangerously low; there is fluid in his lungs; and he has developed problems in his liver and kidneys including kidney stones. He is also experiencing chronic pain in his upper waist and
While in the hospital, Hassan was shackled by all four limbs to the hospital bed. He noted that four soldiers were in his room at all times and that they made as much noise as possible and ate and drank in the room. When he asked them to be quieter, they simply mocked him. After receiving the results of his tests, doctors in the hospital told Hassan that the full responsibility of his condition lies on Hassan since he refuses to break his strike. Addameer, Al-Haq and PHR-IL categorically hold Israel accountable for Hassan and the other hunger strikers’ current
During his visit with Ayman Sharawna, Mr. Ziad learned that prison doctors informed Ayman that his life is also at risk. Ayman noted that in addition to very low immunity levels and cirrhosis in his liver, he suffers from terrible joint pain and back pain from previous chronic conditions, and that the IPS doctors refuse to give him pain medication until he stops his hunger strike. According to Ayman, the pain is so severe that he has been unable to stand on his own since the middle of
During the visit of PHR-IL lawyer Muhammad Mahajne on 28 August, Ayman reported experiencing constant vertigo, severe headaches, high blood pressure and extreme weight loss of about 28 kilos from his original weight. Ayman also reported that he was taken to Assaf Harofeh hospital three times during his hunger strike, and that he was told that he is starting to develop a kidney
Furthermore, Ayman reported that during each hospitalization he was shackled to the hospital bed by three limbs, humiliating treatment that is also extremely uncomfortable and prevents Ayman from moving freely in his bed. Ayman is still denied access to an independent doctor as well as family visits. All three hunger strikers are now held in the same isolation cell in
Akram Rikhawi ended his hunger strike on 22 July after 102 days, upon reaching an agreement with the IPS to be released in January 2013. Following a visit to Akram on 25 July, the PHR-IL doctor recommended Akram’s immediate referral to a public hospital and to be immediately examined by a lung specialist. To date, this recommendation has not been implemented. Even more alarmingly, Akram reported that the IPS has raised his steroid dosage, which he is given as treatment for his asthma. Akram’s asthma continues to be a cause for concern and is severely unstable despite treatment with steroids. The doctor emphasized that asthma is a life-threatening illness that in the case of a major attack could lead to
Samer is now the longest hunger striker in Palestinian history. He and Hassan have reached very critical stages in their prolonged hunger strikes, with doctors noting that they are at immediate risk of death. Nonetheless, Israel not only insists on the injustice of depriving them of their right to fair trial, but also continues to severely mistreat them, in the forms of physical brutality and psychological torture that is employed by the Israeli Prison Service (IPS) to get them to break their
Despite their severe medical conditions, both Samer and Hassan are still denied family visits and access to independent physicians and independent medical care. Addameer, Al-Haq and PHR-IL are outraged by the IPS’ practice of approving visits by independent doctors only after court orders are issued, and by the Israeli District Court of Petah Tikva’s unwillingness to order the IPS to allow frequent and consistent visits by independent doctors to hunger
In light of the severe deterioration of the health conditions of the remaining Palestinian detainees on hunger strike, Addameer, Al-Haq and PHR-IL urge the international community to immediately intervene on their behalf and demand:
That the agreements reached on 14 and 15 May 2012 be respected, including the release of administrative detainees who were promised release at the end of their current orders;
Unrestricted access for independent physicians to all hunger strikers;
The immediate transfer of Samer Al-Barq and Hassan Safadi, as well as all other hunger strikers, to public hospitals;
That no hunger striker be shackled while hospitalized;
That all hunger strikers be allowed family visits, while they are still lucid;
That Hassan Safadi and Samer Al-Barq, along with all other administrative detainees, in addition to Ayman Sharawna and other detainees that were released as part of the prisoner exchange deal in October 2011 be immediately and unconditionally released.
2 September 2012 | International Solidarity Movement, West Bank
Demolishing tents donated by the UN
Caterpillar Bulldozer demolishing tents donated to the residents of Susiya as emergency aid by the U.N.
On August 28 Israeli occupation forces demolished tents donated by the United Nations (UN) in the Palestinian village of Susiya in the South Hebron hills. This is the second similar demolition within three months.
Caterpillar Bulldozer demolishing tents donated to the residents of Susiya as emergency aid by the U.N.
Displacement in Zenuta
Israeli bulldozers entered the Palestinian village of Zenuta in the South Hebron Hills Tuesday morning and demolished water cisterns, residential dwellings, and sheep stables, devastating the small community of only 7 families.
In total, 4 water cisterns, 2 caves, 2 houses, and 6 stables were destroyed. Zenuta is a small village of 7 families with a herd of 400 sheep. The army destroyed the houses of 2 families, each with 7children, as well as 6 stables holding sheep.
Perhaps most devastating of all in a region starved for water, the army bulldozed the village’s cisterns, holding water collected from winter rains. The cisterns cost NIS 15,000 each, an incredible toll amounting to about a year and half’s wages for the average Palestinian worker in the area. For more information click here.
Palestinian children n front of their destroyed home in Zenuta, August 28 2012 (Operation Dove)
Displacement in the Judean Desert
On the 29 of August, 4 Bedouin families were targeted. They live far inside the Judean Desert, east of Deis Salah and near Bethlehem. They also faced demolitions 2 months ago. All their structures were demolished including tents provided by international agencies. Israeli authorities said they had to leave because they lived in the Israeli firing zone 914.
Abu Sarah is a volunteer with the International Solidarity Movement (name has been changed).
2 August 2012 | International Solidarity Movement, West Bank
Olive harvest in the Jordan Valley
Reuters reports thats Israeli authorities have given Palestinian farmers living in Jericho in the West Bank an order to uproot palm trees they have grown and leave the agricultural lands within 45 days. The orders came in the form of letters sent to the farmers in what is known as “Area C” and gave the farmers a 7 October 2012 deadline to vacate their land.
Shawkat Housheyeh, a farmer who received an official warning letter to uproot his palm trees told Reuters news agency that the measure threatened the livelihood of thousands of farm workers in the Jericho area. He called on the Palestinian Authority to fight the Israeli threat to Palestinians working on farms in the 3,000 dunams (about 741 acres) of Dier Hijlah and al-Zour.
Liza Ennab is the media coordinator for the International Solidarity Movement (name has been changed).
