Guardian: Rachel Corrie’s family bring civil suit over death in Gaza

Rory McCarthy | The Guardian

23 February 2010

Peace activist Rachel Corrie died while protesting in front of a bulldozer trying to destroy a Palestinian home in Rafah in March 2003. Photograph: Denny Sternstein/AP

The family of the American activist Rachel Corrie, who was killed by an Israeli army bulldozer in Gaza seven years ago, is to bring a civil suit over her death against the Israeli defence ministry.

The case, which begins on 10 March in Haifa, northern Israel, is seen by her parents as an opportunity to put on public record the events that led to their daughter’s death in March 2003. Four key witnesses – three Britons and an American – who were at the scene in Rafah when Corrie was killed will give evidence, according the family lawyer, Hussein Abu Hussein.

The four were all with the International Solidarity Movement, the activist group to which Corrie belonged. They have since been denied entry to Israel, and the group’s offices in Ramallah have been raided several times in recent weeks by the Israeli military.

Now, under apparent US pressure, the Israeli government has agreed to allow them entry so they can testify. Corrie’s parents, Cindy and Craig, will also fly to Israel for the hearing.

A Palestinian doctor from Gaza, Ahmed Abu Nakira, who treated Corrie after she was injured and later confirmed her death, has not been given permission by the Israeli authorities to leave Gaza to attend.

Abu Hussein, a leading human rights lawyer in Israel, said there was evidence from witnesses that soldiers saw Corrie at the scene, with other activists, well before the incident and could have arrested or removed her from the area before there was any risk of her being killed.

“After her death the military began an investigation but unfortunately, as in most of these cases, it found the activity of the army was legal and there was no intentional killing,” he said. “We would like the court to decide her killing was due to wrong-doing or was intentional.” If the Israeli state is found responsible, the family will press for damages.

Corrie, who was born in Olympia, Washington, travelled to Gaza to act as a human shield at a moment of intense conflict between the Israeli military and the Palestinians. On the day she died, when she was 23, she was dressed in a fluorescent orange vest and was trying to stop the demolition of a Palestinian home. She was crushed under a military Caterpillar bulldozer and died shortly afterwards.

A month after her death the Israeli military said an investigation had determined its troops were not to blame and said the driver of the bulldozer had not seen her and did not intentionally run her over. Instead, it accused her and the International Solidarity Movement of behaviour that was “illegal, irresponsible and dangerous.”

The army report, obtained by the Guardian in April 2003, said she “was struck as she stood behind a mound of earth that was created by an engineering vehicle operating in the area and she was hidden from the view of the vehicle’s operator who continued with his work. Corrie was struck by dirt and a slab of concrete resulting in her death.”

Witnesses presented a strikingly different version of events. Tom Dale, a British activist who was 10m away when Corrie was killed, wrote an account of the incident two days later.

He described how she first knelt in the path of an approaching bulldozer and then stood as it reached her. She climbed on a mound of earth and the crowd nearby shouted at the bulldozer to stop. He said the bulldozer pushed her down and drove over her.

“They pushed Rachel, first beneath the scoop, then beneath the blade, then continued till her body was beneath the cockpit,” Dale wrote.

“They waited over her for a few seconds, before reversing. They reversed with the blade pressed down, so it scraped over her body a second time. Every second I believed they would stop but they never did.”

While she was in the Palestinian territories, Corrie wrote vividly about her experiences. Her diaries were later turned into a play, My Name is Rachel Corrie, which has toured internationally, including to Israel and the West Bank.

Other foreigners killed by Israeli forces

Iain Hook, 54, a British UN official, was shot dead by an Israeli army sniper in Jenin in November 2002. A British inquest found he had been unlawfully killed. The Israeli government paid an undisclosed sum in compensation to Hook’s family.

Tom Hurndall, a 22-year-old British photography student, was shot in the head in Rafah, Gaza, in April 2003 while helping to pull Palestinian children to safety. In August 2005 an Israeli soldier was sentenced to eight years for manslaughter.

James Miller, 34, a British cameraman, was shot dead in Gaza in May 2003. He was leaving the home of a Palestinian family in Rafah refugee camp at night, waving a white flag. An inquest in Britain found Miller had been murdered. Last year Israel paid about £1.5m in damages to Miller’s family.

Letter from prison: Abdallah Abu Rahmah

21 February 2010

Abdallah Abu Rahmah at a demonstration in the village of Bilin in 2005. He was arrested an imprisoned on 10/12/2009 at 2AM.
Abdallah Abu Rahmah at a demonstration in the village of Bilin in 2005. He was arrested an imprisoned on 10/12/2009 at 2AM.

Dear Friends and Supporters,

It has been two months now since I was handcuffed, blindfolded and taken from my home. Today news has reached Ofer Military Prison that the apartheid wall on Bil’in’s land will finally be moved and construction has begun on the new route. This will return half of the land that was stolen from our village. For those of us in Ofer, imprisoned for our protest against the wall, this victory makes the suffering of being here easier to bear. After actively resisting the theft of our land by the Israeli apartheid wall and settlements every week for five years now, we long to be standing along side our brothers and sisters to mark this victory and the fifth anniversary of our struggle.

Ofer is an Israeli military base inside the occupied territories that serves as a prison and military court. The prison is a collection of tents enclosed by razor wire and an electrical fence, each unit containing four tents, 22 prisoners per tent. Now, in winter, wind and rain comes in through cracks in the tent and we don’t have sufficient blankets, clothes, and other basic necessities.

Food is a critical issue here in Ofer, there’s not enough. We survive by buying ingredients from the prison canteen that we prepare in our tent. We have one small hot plate, and this is also our only source of warmth. Those whose families can put money in an account for us to buy food, do so, but many cannot afford to. The positive aspect to this is that I have learned how to cook! Tonight I made falafel and sweets to celebrate the news about our victory. I cannot wait to get home and cook for my wife and children!

I was arrested in my slippers, and to this day my family has been unable to get permission to supply me with a pair of shoes. I was finally given my watch after repeated requests. For me this is an essential way to keep oriented; it was unbearable not being able to see the rate at which time passes. Receiving it, I felt so overjoyed, like a child getting his first watch. I can barely imagine what it will be like to have a pair of proper shoes again.

Because of our imprisonment, the military considers our families to be a security threat. It is very hard for our wives, children and extended family to visit. My friend, Adeeb Abu Rahmah, also a political prisoner from Bil’in, cannot receive visits from his wife and one of his daughters. Even his mother, a woman in her eighties who is currently in bad health, is considered a security threat! He is afraid that he will not see her before she dies.

I am a teacher and before my arrest I taught at a private school in Birzeit and also owned a chicken farm. My family had to sell the farm at a loss after I was arrested. I don’t know if I will have my position at the school when I am released.Adeeb ‘s family of nine is left without their sole provider, as are many other families. Not being able to care for our loved ones who need us is the hardest part of being here.

It is the support that I receive from my family and friends that helps me go on. I am grateful to the Palestinian leaders who have contacted my family, the diplomats from the European Union and to the Israeli activists who have expressed their support by attending my hearings. The relationship we have built together with the activists has gone beyond the definition of colleague or friend, we are brothers and sisters in this struggle. You are an unrelenting source of inspiration and solidarity. You have stood with us during demonstrations and court hearings, and during our happiest and most painful occasions. Being in prison has shown me how many true friends I have, I am so grateful to all of you.

From the confines of my imprisonment it becomes so clear that our struggle is far bigger than justice for only Bil’in or even Palestine. We are engaged in an international fight against oppression. I know this to be true when I remember all of you from around the world who have joined the movement to stop the wall and settlements. Ordinary people enraged by the occupation have made our struggle their own, and joined us in solidarity. We will surely join together to struggle for justice in other places when Palestine is finally free.

Missing the five-year anniversary of our struggle in Bil’in will be like missing the birthday of one of my children. Lately I think a lot about my friend Bassem whose life was taken during a nonviolent demonstration last year and how much I miss him. Despite the pain of this loss, and the yearning I feel to be with my family and friends at home, I think that if this is the price we must pay for our freedom, then it is worth it, and we would be willing to pay much more.

Yours,
Abdallah Abu Rahmah
From the Ofer Military Detention Camp

Over a Thousand Demonstrators Marked Five Years of Struggle in Bil’in by Dismantling the Wall

A thousand demonstrators gather to commemorate the 5 year struggle in Bil'in
A thousand demonstrators gather to commemorate the 5 year struggle in Bil'in

Popular Struggle Coordination Committee

19 February 2010

One week following the victory forcing Israel to begin rerouting the path of the Wall, and under the shadow of an unprecedented wave of repression against the popular struggle, over a thousand protesters took part in a demonstration at the west Bank village of Bil’in, marking five years of struggle there. At the height of the demonstration dozens of protesters stormed the Barrier, toppled some 40 meters of it and crossed to village’s lands. Protesters also managed to take over a military post adjacent to the path of the Wall for a short time.

In a show of support of the popular struggle and the village of Bil’in, hundreds from all across the West Bank joined the demonstration today, as well as many Israeli and international activists. Among the many supporters were also the mayor of Geneva, Nabil Sh’ath, Mustafa Barghouthi and Palestinian Prime Minister Salam Fayyad who said that popular resistance like the one employed in Bil’in can tip international public opinion against the Occupation.

During the demonstration two demonstrators were lightly hurt. One was struck with a tear-gas projectile in the leg and another was shot in the stomach by a rubber-coated bullet.

“The Israeli court had already ruled two years ago that the Wall here should be rerouted, but it is our struggle, not their court, that forces the Army to implement this decision now” Said Mohammed Khatib, an organizer from the village. “The International Court of Justice in the Hague ruled that the Wall should be dismantled in its entirety, and not just partially like the Israeli court had ordered. Today the demonstrators made an important step towards the implementation of this decision” Khatib added.
Last week, 2.5 years after an Israeli Supreme Court decision deeming the path of the Wall on the lands of Bil’in illegal, preliminary infrastructure work to reroute the barrier in accordance with the ruling has finally began. Since the ruling, the state has twice been found in contempt of court, for having not implemented the decision.

Roughly 680 dunams of the 2,000 dunams currently sequestered by the Wall will be returned to the village following the court-ordered rerouting of the trajectory. While the rerouting is viewed as a victory, demonstrators vowed protest will continue until the Occupation is over and the Wall is dismantled in its entirety.

Demonstrations against the Wall and settlement expansion also took place today in the villages of alMa’sara, south of Bethlehem, Ni’ilin and Nabi Saleh, where 10 protesters were hit by rubber-coated bullets, including a Swedish national who was struck in the mouth.

Israeli Army Raids Nablus Apartments

International Solidarity Movement

18 February 2010

Damage to door.
Damage to door.

Last night at around 2.30am, the Israeli army illegally stormed into 5 apartments in the Ashref Building on Suki Street in Nablus. The city is located in “Area A”, which is under full Palestinian Authority control under the Oslo II Agreement, making this raid illegal under international law.

Without any warning, Israeli soldiers forced their entry by blowing open all five apartment doors as it left visible dents on the metal door frame, deformed metals doors and cracked walls. Residents described the device to have been pushed against both sides of the door frame, as the dents on all the door frames indicate, with a control box in the middle, making a loud explosive sound as the doors blew open. After hearing the description of this device, two former Israeli soldiers have recognized it as a “Fox”, an Israeli military device loaded with two fingers of TNT to blow open doors.

Damage to wall from new device.
Damage to wall from new device.

In each of the five apartments, armed soldiers, three of whom wore masks, stormed directly into the bedrooms and separated the husband from his wife and children and proceeded to interrogate them in the apartment lobby. The husbands of all three families on the second floor said that they were questioned about the names of their families, neighbors and if they recognized different names soldiers listed off.

After the interrogation, soldiers locked all three husbands on the second floor in one room as their wives and children were crying, separated in other rooms. Residents also stated that one woman on the third floor was pushed by a soldier after she said that there is a doorbell and asked why they didn’t just knock. One of the families on the third floor also told us that the children had stayed home from school today as a consequence of the night raid. The simply still were afraid.

None of the families were asked the same questions regarding the names of the people the soldiers were looking for, yet the commander clearly stated they were searching for one individual. This inconsistency points to the possibility that In the past, other ISM volunteers have heard villagers explain that night raids have occurred as training for soldiers, especially before certain campaigns have been launched by the Israeli army.

This is the second time Ashref Building has been illegally raided in the past two months, but the first time such a device was used for forced entry. Each door will cost around 1,500 NIS to replace and the illegality of the Israeli army entering “Area A” will likely remain without any consequence.

Violent Zionists Tour Sheikh Jarrah

International Solidarity Movement

14 February 2010

At approximately 1 pm today, roughly 20 Zionist tourists entered the yard of the occupied al-Kurd home in Sheikh Jarrah as part of a settlement promotion tour. Verbally harassing both Palestinian residents and Internationals and attempting to block their cameras,  tourists listened as a guide expounded upon the religious claims which Zionists use to justify the eviction of Palestinians from their homes. After concluding with song, the tourists passed through the gate  as several verbally attacked Palestinians present. 85-year-old Rifqa al-Kurd was roughly pushed while observing the visitors. Upon crossing the street to view the Gawi home, a particularly violent woman verbally attacked an ISM activist, flinging the activist’s camera several meters into the air.

Although intentionally provocative Zionist tours are nothing new in Sheikh Jarrah, the explicit racism and violence exhibited today proved particularly troubling to Palestinian residents. The guide’s script included lines such as “Eventually the Arabs will have to wake up. Some will leave, on their own choice, and some will have to be dragged out. And the world can kick and scream from today ’til tomorrow, but the bottom line is that this land belongs to the Jewish people…” Unlike many of the other tours that have passed across the al-Kurd lawn in the past days, comments made by the guide suggest that participants in today’s program are prospective home buyers.

Background on Sheikh Jarrah

Approximately 475 Palestinian residents living in the Karm Al-Ja’ouni neighborhood of Sheikh Jarrah, located directly north of the Old City, face imminent eviction from their homes in the manner of the Hannoun and Gawi families, and the al-Kurd family before them. All 28 families are refugees from 1948, mostly from West Jerusalem and Haifa, whose houses in Sheikh Jarrah were built and given to them through a joint project between the United Nations Relief and Works Agency (UNRWA) and the Jordanian government in 1956.

So far, settlers took over houses of four Palestinian families, displacing around 60 residents, including 20 children. At present, settlers occupy all these houses and the whole area is patrolled by armed private security 24 hours a day. The evicted Palestinian families, some of whom have been left without suitable alternative accommodation since August, continue to protest against the unlawful eviction from the sidewalk across the street from their homes, facing regular violent attacks from the settlers and harassment from the police.

The Gawi family, for example, had their only shelter, a small tent built near their house, destroyed by the police and all their belongings stolen five times. In addition, the al-Kurd family has been forced to live in an extremely difficult situation, sharing the entrance gate and the backyard of their house with extremist settlers, who occupied a part of the al-Kurd home in December 2009. The settlers subject the Palestinian family to regular violent attacks and harassment, making their life a living hell.

The ultimate goal of the settler organizations is to evict all Palestinians from the area and turn it into a new Jewish settlement and to create a Jewish continuum that will effectively cut off the Old City form the northern Palestinian neighborhoods. On 28 August 2008, Nahalat Shimon International filed a plan to build a series of five and six-story apartment blocks – Town Plan Scheme (TPS) 12705 – in the Jerusalem Local Planning Commission. If TPS 12705 comes to pass, the existing Palestinian houses in this key area would be demolished, about 500 Palestinians would be evicted, and 200 new settler units would be built for a new settlement: Shimon HaTzadik.

Implanting new Jewish settlements in East Jerusalem and the West Bank is illegal under many international laws, including Article 49 of the Fourth Geneva Convention. The plight of the Gawi, al-Kurd and the Hannoun families is just a small part of Israel’s ongoing campaign of ethnic cleansing of the Palestinian people from East Jerusalem.

Legal background

The eviction orders, issued by Israeli courts, are a result of claims made in 1967 by the Sephardic Community Committee and the Knesseth Yisrael Association (who since sold their claim to the area to Nahalat Shimon) – settler organizations whose aim is to take over the whole area using falsified deeds for the land dating back to 1875. In 1972, these two settler organizations applied to have the land registered in their names with the Israel Lands Administration (ILA). Their claim to ownership was noted in the Land Registry; however, it was never made into an official registry of title. The first Palestinian property in the area was taken over at this time.

The case continued in the courts for another 37 years. Amongst other developments, the first lawyer of the Palestinian residents reached an agreement with the settler organizations in 1982 (without the knowledge or consent of the Palestinian families) in which he recognized the settlers’ ownership in return for granting the families the legal status of protected tenants. This affected 23 families and served as a basis for future court and eviction orders (including the al-Kurd family house take-over in December 2009), despite the immediate appeal filed by the families’ new lawyer. Furthermore, a Palestinian landowner, Suleiman Darwish Hijazi, has legally challenged the settlers’ claims. In 1994 he presented documents certifying his ownership of the land to the courts, including tax receipts from 1927. In addition, the new lawyer of the Palestinian residents located a document, proving the land in Sheikh Jarrah had never been under Jewish ownership. The Israeli courts rejected these documents.

The first eviction orders were issued in 1999 based on the (still disputed) agreement from 1982 and, as a result, two Palestinian families (Hannoun and Gawi) were evicted in February 2002. After the 2006 Israeli Supreme Court finding that the settler committees’ ownership of the lands was uncertain, and the Lands Settlement officer of the court requesting that the ILA remove their names from the Lands Registrar, the Palestinian families returned back to their homes. The courts, however, failed to recognize new evidence presented to them and continued to issue eviction orders based on decisions from 1982 and 1999 respectively. Further evictions followed in November 2008 (Kamel al-Kurd family) and August 2009 (Hannoun and Gawi families for the second time). An uninhabited section of a house belonging to the al-Kurd family was taken over by settlers on 1 December 2009.