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.
On the morning of August 28, around 30 settlers armed with guns and sticks descended upon a Palestinian home located in Khan al-Liban, and attacked the Daraghmah family. The mother, Taghrid, and the two youngest sons, Mu’min, 13, and Nour al-Deen, 9, were injured during the attacks which lasted at least one hour until soldiers and police arrived. Mu’min and Nour were taken by ambulance to the hospital. The father of the family, Khalid, 45, and his second eldest son, Jalaal, 16, were arrested and are still being held in police custody.
At around 8:30 a.m. settlers from Ma’ale Levona arrived at the home of the Daraghmah family. The father, Khalid, two of his sons, Mu’min and Jalaal, and his wife, Taghrid, were sitting in the entry way. The youngest son, Nour, was asleep inside the main room. According to Mu’min, Taghrid went inside the main room, and was followed by 10 settlers. The settlers began attacking Taghrid, Khalid, and Nour inside the room.
“Nour was thrown at the wall by one of the big settlers, and they were laughing” Mu’min recounts.
Nour al-Deen being treated in the ambulance after the attacks. (Photo courtesy of Wafa – International Communities Against Israel).
After they attacked Nour, one of the men began beating Taghrid.
“The settler hit me on the shoulder with a stick, then grabbed me by the collar, and after that ripped my jacket and shirt. Then he began hitting me on the chest, my legs, and finally my hip.” Says Taghrid, who has just returned from Nablus after filing a police report and retreiving the medical reports about her two injured sons.
Taghrid Daraghmah shows how her clothes were torn during the attack. (Photo courtesy of Wafa – International Communities Against Israel).
According to Mu’min says that as the violence escalated, Jalaal and Khalid tried to defend the rest of their family by forcing the settlers outside the bedroom into the entry way. Then the settlers then began beating him, his father, and Jalaal with sticks as they attempted to push them away from the bedroom. Khalid picked up two stones and the settlers began firing into the air, and throwing stones at him.
Mu’min went with Nour and his mother to the roof of the home to escape the continuing attacks. As Khalid and Jalaal were being attacked in the house, settlers began destroying the bedroom, and threw the family’s clothes into the spring next to the house, while Mu’min filmed with his phone.
“After we had been on the roof for awhile, my father and Jalaal ran away from the house, so that the settlers would follow them. When they were far enough away I put my mother and Nour in the bedroom and locked them in so that they would be safe. Then the settlers began firing into the air and throwing stones at the windows to the bedroom.” Mu’min says.
The attacks continued for some time, with Mu’min, Jalaal, and Khalid being beaten. Taghrid says she heard laughing and yelling in Arabic that they planned to cut down all the trees on the land and put Jalaal in prison. During the attacks Khalid’s car was destroyed, with all the windows being smashed, one of the doors broken and the electrical wires ripped out.
Khalid’s car sits with all of the windows smashed after the attack. For more pictures of the aftermath please click here.
In a video, posted on Ynet news, viewers can see the Daraghmah family surrounded by settlers carrying sticks. Jalaal swings what appears to a pick at a settler who tries to enter the bedroom of the home. The Daraghmah family car is also present in the video, without any damage, before it was destroyed. The headline of the Ynet story reads “Settler attacked with axe”.
According to Taghrid, around an hour after the settlers, 5 Israeli soldiers arrived, and immediately arrested Jalaal after settlers accused him of hitting them. Khalid was detained in one of the rooms by the police. An ambulance arrived to take Mu’min and Nour to the hospital, and Khalid was taken by Police to Sha’ar Binyamin after being accused of interfering with Police work. No settler were arrested.
Khalid Daraghmah being arrested by Israeli Police. (Photo courtesy of EAPPI).
In 2002 the Israeli High Court ruled that the land in Khan belongs to their family, but settlers claim it is a public spring. For the past four years, Khalid al-Sanih Daraghmah and his family have faced regular attacks by Israeli settlers at their home in Khan, 2 kilometers south of the West Bank village al-Luban. When Khalid bought the two homes on the road to the illegal Ma’ale Levona settlement 5 years ago, he imagined restoring them and planting the 20 dunums of land that they sit on.
More information on the constant settler attacks against the Darahmah family can be found here, here, and here.
Marshall Pinkerton is a volunteer with the International Solidarity Movement (name has been changed).
During the weekly demonstration in the village of Nabi Saleh, yesterday, Friday, dedicated to support the Palestinian prisoners in Israeli jails, some of the villagers of Nabi Saleh, along with other activists managed to get to the entrance of village’s spring “Alqaws” which was taken over by the settlers three years ago. Soldiers forcibly prevented them to approach the spring at the same time settlers were swimming in.
Soldiers detained three Palestinian women, one Israeli activist and one American journalist. Among the detainees was Nariman Tamimi (36), a resident of the village and a Popular Resistance activist. Her Daughter, A’hd Tamimi (11) and two nephews, Marah (11) and Wiaam (11), were attacked brutally by soldiers preventing them from reaching the spring, and separating them from Nariman during her detention.
Soldiers arrest Nariman Tamimi as her children try to de-arrest her (Photo courtesy of Oren Ziv – Activestills.org)
After the arrests, the army raided the village, sprayed “skunk” water and threw stun grenades and tear gas at houses, and used live ammunition through the clashes with the residents. During the raids on the houses, several residents were injured, including: Azmi Tamimi (70), injured in his finger from a rubber bullet shot from point blank range, Martyr Mustafa Tamimi’s grandmother (90), injured in her leg from two rubber bullets, as she sat at her house door, Halla Tamimi (48), injured from a stun grenade thrown into her house and Ahmed Shaker (11), injured in his chin from rubber-coated steel bullet, in addition to several injuries from rubber-coated steel bullets. During the raid, the army arrested another Israeli activist from one of the houses.
The six detainees were held for more than eight hours, in violation of the law, which only permits holding detainees for a maximum of three hours (or six hours in extreme cases), before they are arrested. At 9pm, soldiers put detainees on an army vehicle and drove them for an hour though different settlements roads then drove back to Nabi Saleh entrance where they were dropped off and released.
Israel soldiers holding back Nariman Tamimi’s children as she is being arrested (Photo Courtesy of Oren Ziv – Activestills.org
Background
Late in 2009, settlers began gradually taking over Ein al-Qaws (the Bow Spring), which rests on lands belonging to Bashir Tamimi, the head of the Nabi Saleh village council. The settlers, abetted by the army, erected a shed over the spring, renamed it Maayan Meir, after a late settler, and began driving away Palestinians who came to use the spring by force – at times throwing stones or even pointing guns at them, threatening to shoot.
While residents of Nabi Saleh have already endured decades of continuous land grab and expulsion to allow for the ever continuing expansion of the Halamish settlement, the takeover of the spring served as the last straw that lead to the beginning of the village’s grassroots protest campaign of weekly demonstrations in demand for the return of their lands.
Protest in the tiny village enjoys the regular support of Palestinians from surrounding areas, as well as that of Israeli and international activists. Demonstrations in Nabi Saleh are also unique in the level of women participation in them, and the role they hold in all their aspects, including organizing. Such participation, which often also includes the participation of children reflects the village’s commitment to a truly popular grassroots mobilization, encompassing all segments of the community.
The response of the Israeli military to the protests has been especially brutal and includes regularly laying complete siege on village every Friday, accompanied by the declaration of the entire village, including the built up area, as a closed military zone. Prior and during the demonstrations themselves, the army often completely occupies the village, in effect enforcing an undeclared curfew. Military nighttime raids and arrest operations are also a common tactic in the army’s strategy of intimidation, often targeting minors.
In order to prevent the villagers and their supporters from exercising their fundamental right to demonstrate and march to their lands, soldiers regularly use disproportional force against the unarmed protesters. The means utilized by the army to hinder demonstrations include, but are not limited to, the use of tear-gas projectiles, banned high-velocity tear-gas projectiles, rubber-coated bullets and, at times, even live ammunition. The use of banned 0.22″ munitions by snipers has also been recorded in Nabi Saleh.
The use of such practices have already brought about the death of Mustafa Tamimi and caused countless injuries, several of them serious, including those of children – the most serious of which is that of 14 year-old Ehab Barghouthi, who was shot in the head with a rubber-coated bullet from short range on March 5th, 2010 and laid comatose in the hospital for three weeks. Due to the wide-spread nature of the disproportionate use of force, the phenomenon cannot be attributed to the behavior of individual soldiers, and should be viewed as the execution of policy.
Tear-gas, as well as a foul liquid called “The Skunk”, which is shot from a water cannon, is often used inside the built up area of the village, or even directly pointed into houses, in a way that allows no refuge for the uninvolved residents of the village, including children and the elderly. The interior of at least one house caught fire and was severely damaged after soldiers shot a tear-gas projectile through its windows.
Since December 2009, when protest in the village was sparked, hundreds of demonstration-related injuries caused by disproportionate military violence have been recorded in Nabi Saleh.
Between January 2010 to date, the Israeli Army has carried more than 100 arrests of people detained for 24 hours or more on suspicions related to protest in the village of Nabi Saleh, including those of women and of children as young as 11 years old. Dozens more were detained for shorter periods. Two of the village’s protest leaders – Bassem and Naji Tamimi – arrested on protest-organizing related charges, were recognized by the European Union as human rights defenders. Bassem Tamimi was also declared a prisoner of conscience by Amnesty International.
