Israeli Supreme Court to hear Rachel Corrie appeal

13th May 2014 | Rachel Corrie Foundation for Peace & Justice | Occupied Palestine

Nine years after filing a civil suit against the State of Israel for the wrongful death of American peace activist Rachel Corrie, her family will have their appeal heard before the Israeli Supreme Court on May 21 at 11:30 a.m. in Jerusalem. The appeal, which will be argued by attorney Hussein Abu Hussein, challenges the Haifa District Court’s August 2012 ruling which concluded that the Israeli military was not responsible for Rachel’s death and that it conducted a credible investigation.

“During the past nine years, we have sought accountability in the Israeli courts for Rachel’s killing but were handed a verdict that showed blind indifference to the rights of the victim and little interest in seeking truth and justice,” said Craig Corrie, Rachel’s father.

The Corrie family appeal focuses on serious flaws in the lower court verdict which erred by ignoring and misinterpreting essential facts and misapplying legal norms. The appeal also challenges the lower court’s total disregard of international law obligations as well as procedural advantages that were regularly granted to the state during the proceedings. Lawyers for the Corries and the State of Israel have submitted their arguments in writing to the panel of three justices – Deputy-President of the Court Miriam Naor, Esther Hayut, and Zvi Zylbertal.

Speaking of his family’s hopes, Craig Corrie said, “It is a tragedy when the law is broken, but far, far worse when it is abandoned altogether.  The Supreme Court now has a choice, to either show the world that the Israeli legal system honors the most basic principles of human rights and can hold its military accountable, or to add to mounting evidence that justice can not be found in Israel.”

Rachel, a 23-year-old human rights defender from Olympia, Washington, was crushed to death March 16, 2003, by an Israeli military bulldozer while nonviolently protesting demolition of Palestinian civilian homes in Rafah, Gaza. The following day, Israeli Prime Minister Ariel Sharon promised President George W. Bush a “thorough, credible, and transparent” investigation into Rachel’s killing. In 2004, Secretary of State Colin Powell’s Chief of Staff informed the Corrie family of the U.S. Government’s position that the Israeli investigation did not meet these standards and advised them to “use the Israeli court system.” The Corries filed suit in 2005, charging the State of Israel and its Ministry of Defense with responsibility for Rachel’s killing.

The civil trial before Haifa District Court Judge Oded Gershon began March 10, 2010, and 23 witnesses testified in 15 hearings, spread over 16 months. Each session was attended by the Corrie family,American Embassy officials, and numerous legal and human rights observers.

Testimony exposed serious chain-of-command failures in relation to civilian killings, as well as indiscriminate destruction of civilian property at the hands of the Israeli military in southern Gaza. Four eyewitnesses from the International Solidarity Movement (ISM) testified that Rachel was visible to soldiers in the bulldozer as it approached. Military witnesses testified that they saw ISM protesters in the area; and the on-site commander asked to stop operations due to their presence, but was ordered to continue working. An Israeli colonel testified that there are no civilians in war, and the lead military police investigator, himself, stated his belief that the Israeli military was at war with all in Gaza, including peace activists.

Testimony also revealed serious flaws in the military’s investigation into Rachel’s killing. Investigators failed to question key military witnesses, including those recording communications; failed to secure the military video, allowing it to be taken for nearly a week by senior commanders with only segments submitted to court; failed to address conflicting testimony given by soldiers; and ignored damning statements in the military log confirming a “shoot to kill” order and a command mentality to continue work in order to avoid setting a precedent with international activists.

On August 28, 2012, Judge Gershon ruled against the Corrie family, handing down a verdict stating the Israeli military was not to blame for Rachel’s death and that she alone was responsible for her demise. The Judge lauded the military police investigation and dismissed the case, adopting the Israeli Government’s position that the military should be fully absolved of civil liability, because soldiers were engaged in operational activities in a war zone.

The verdict was widely condemned by legal and human rights organizations monitoring the case, citing misrepresentation of facts and 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. President Jimmy Carter stated that the court’s decision confirmed “a climate of impunity, which facilitates Israeli human rights violations against Palestinian civilians in the Occupied Territory.” 

Seating in the courtroom is limited, and members of the press are advised to arrive early with press credentials.  Proceedings will be in Hebrew. The family is seeking permission from the Court to provide simultaneous translation for court observers.  However, pending the Court’s decision, journalists should make plans to bring their own translator. Cameras and audio recording equipment will not be permitted once proceedings begin.  Photos may be taken before the judges enter the room.

A performance of My Name is Rachel Corrie, a play drawn from the diaries and e-mails of Rachel and staged around the world, will be presented in Hebrew on Monday, May 19 at 21:00 at the Arab-Hebrew Theatre in Jaffa. It will be followed by a panel discussion with the Corrie family, moderated by human rights lawyer Michael Sfard. For more information, visit The Coalition of Women for Peace, which is sponsoring the event.

 

PCHR calls for investigations into incidents in Yatta town

8th May 2014 | Palestinian Center for Human Rights | Yatta, Occupied Palestine

The Palestinian Center for Human Rights (PCHR) calls upon the Attorney General to seriously open an investigation into incidents that took place in Yatta town near Hebron on Monday, 05 May 2014. The incidents included beatings, arrests, house raids, and destruction of civilians’ belongings by security services. PCHR calls upon the government in Ramallah to take serious steps to compel members of security services to respect the rule of law and human rights principles that are guaranteed under the Palestinian Basic Law and international standards.

According to investigations conducted by PCHR and testimonies of victims and eyewitnesses, at approximately 09:00 on Monday, 05 May 2014, a force from the Preventive Security Service (PSS) intercepted a Chevrolet Cavalier red car near Mothalath al-Mazra’a area in Yatta town in Hebron because of raising Hamas’ flags. Mohammed Awdatallah Abu Fanar (22) was driving the aforementioned car with his wife Hanadi (20), his two daughters, and three young relatives: Noor Ismail Abu Fanar (14), Asem Mosa Abu Fanar (14), and Zakareya Ismail Abu Fanar (17). They were on their way to participate in a set-in organized in solidarity with their relative, Zaid Ismail Abu Fanar,  in his father’s house in Fatouh area in the town. Zaid Ismail Abu Fanar is one of the  administrative detainees in Israeli prisons, who have been on hunger strike since 24 April 2014.  PSC officers ordered the aforementioned persons to get out of the car, but the driver, Mohammed, moved away quickly when Noor got out. The PSC officers chased Abu Fanar’s car via a Volkswagen mini bus to about 3 Kilometers until they reached Fatouh area. The PSC bus hit Abu Fanar’s car several times from the back in an attempt to stop it until Abu Fanar’s car crashed into the wall. The PSC officers got out of their car, took Mohammed out of his car, and started beating him severely with their legs and rifles. His wife, Hanadi, tried to defend him, but they pushed her.  As a result, she fell to the ground and fainted.  Some civilians tried to intervene in an attempt to push the PSS officers away from Abu Fanar family, but they opened fire to disperse the civilians who threw stones at the PSS members.  As result, the PSC car was crashed.

A joint force of security services comprised of the PSS, the National Security Force, and Special Police raided Fatouh area in Yatta town accompanied by a bulldozer. They raided and searched a number of civilian houses, from which they arrested a large number of civilians. Hana Saher Awad was beaten up by the security members after they raided and searched her house without a warrant. Members of the force crashed a number of Mercedes cars belonging to civilians in the area, including a 608 Mercedes white bus belonging to Ismail Sameh Abu Fanar. In addition, the bulldozer caused damage to a number of unlicensed cars which are used by mechanics for spare parts.

On the same day, at approximately 22:00, a joint force raided Ismail Abu Fanar’s house in Zeif area in Hebron, where the solidarity tent is set up in solidarity of his son Zaid. They dispersed all people in the tent by firing live bullets in the air and tear gas canisters. Abu Fanar was beaten up with a torch by the security officers.

On Tuesday, 06 May 2014, four civilians were released while 20 ones have been so far in custody.

In light of the above, PCHR:

  1. Calls upon the Attorney General to open a serious investigation into those incidents, especially that civilians were beaten and some belongings were damaged; and
  2. Calls upon the government in Ramallah to take serious steps to compel members of security services to respect the rule of law and human rights principles that are guaranteed under the Palestinian Basic Law and international standards.

Asira Attacked 4 Nights in a Row

7th May 2014 | International Women’s Peace Service | Asira al-Qibliya, Occupied Palestine

Israeli army raided the village of Asira al-Qibliya (south of Nablus) at 1 am on 5 May, arresting a 21-year-old, brutally assaulting his uncle, and terrorising the family’s children with attack dogs.

Dozens of Israeli soldiers invaded Asira by foot, sneaking in from the backside of the village. Asira al-Qibliya has now been raided for four nights in a row, with Israeli soldiers breaking into villagers’ houses and blocking off roads to prevent anyone entering or leaving the area.

The attack of 5 May was implemented according to a slightly different tactic from the previous ones: soldiers arrived quietly on foot from the backsides of the houses, using ladder to get through olive trees without being heard. They also took away mobile phones from the family members in the houses they raided, so that they could not tell their neighbours that an attack was in place and call for help. Some residents of Asira only found out about the attack the following morning.

Three Israeli soldiers attacked 48-year-old Abu Suleiman, resident of Asira who was on his way back to his house. They beat him, kicked him, and hit him on the head with the back of their rifles. The assault lasted for an hour; soldiers then handcuffed the beaten man, blindfolded him, and sealed his mouth with duck tape. They then brought him under a fig tree in the back of his garden and tried to strangle him. Shortly after, they finally checked his ID and discovered that he was not the one they were looking for. At this point they also stole NIS 500 (£85, US $145) that was hidden in the man’s ID holder.

When Abu Suleiman’s family found him, the Israeli army prevented them from calling an ambulance; the man was bleeding heavily from his head. Even after one of his relatives managed to reach an ambulance by phone, soldiers did not allow it to pass through for half an hour so that Abu Suleiman could get the treatment he was in desperate need of. Only later, having kept the man in pain for several hours, did the army finally stop obstructing the ambulance.

Today Abu Suleiman is painfully recovering in his home.

At around the same time of the attack on Abu Suleiman, some 25 Israeli soldiers surrounded the house of his brother’s family, demanding the whereabouts of one of his sons; eight soldiers entered the house accompanied by two attack dogs which threatened the family’s young children. Soldiers refused to open the window to let some fresh air inside the locked room even after the mother’s appeals to do it for her son who was suffering from an asthma attack. When the 21-year-old they were looking for was not to be found, the soldiers instead brought his father and brother to their jeep parked near the village mosque. The army demanded the 21-year-old son in return of the two. When he arrived, soldiers arrested him. The young man has been arrested once before, two months ago, and severely beaten.

As these last few days Israelis are celebrating their Independence day and have days off, the family has not yet heard anything about what happened to their son.

Photo by IWPS
Photo by IWPS

Israeli army target children in Azzun

7th May 2014 | International Women’s Peace Service | Azzun, Occupied Palestine

If the people of ‘Azzun seem nervous, they have a right to be. The town (population approximately 10,000) sits on crossroads – Qalqiliya is to the west, Nablus to the east, Salfit to the south and Tulkarem to the north. This is a junction that is vulnerable to road closures and flying checkpoints. On either side, the illegal settler colonies of Ma’ale Shomeron and Alfe Menashe loom large. Six Israeli surveillance cameras surround ‘Azzun, meaning that the population is being watched all day, every day.

Because of its precarious geographical position, occupation forces have been particularly brutal in ‘Azzun. Currently, 230 Palestinian children are imprisoned in Israel jails. 68 of those children come from ‘Azzun. There are an additional 112 adult prisoners from here, victims of regular night raids. In 2013, the Israeli military conducted 300 operations inside the town, and soldiers have entered the town on foot every night for the last week.

Those who are not imprisoned face other difficulties. Most of the population are professional farmers; however most of the town’s land has been stolen by the surrounding settlements. This has left ‘Azzun with a 46% unemployment rate. Many of the employed work across the Green Line, facing regular harassment at the checkpoints. During the Second Intifada, checkpoint gates were installed at the entrances of the town, enabling the Israeli military to create flying checkpoints, which happens multiple times per week.

Such was the case yesterday, when 8 jeeps arrived at 1 pm to close the gate leading to road 55 which runs from Qalqilya towards Nablus. After the soldiers arrived, several of them entered the village and grabbed Osama, a nine year old boy, seemingly at random. The soldiers told the surrounding villagers that they arrested Osama because he had been seen throwing rocks immediately prior to their arrival. Eyewitnesses from ‘Azzun refuted this claim, saying that they had seen the boy playing with his friends in the town square at the time when the rocks were allegedly thrown. Regardless, the soldiers detained Osama in the back of one jeep, and did not allow any Palestinians to sit with the boy, even though he was crying and visibly distressed. The boy’s father arrived quickly, but since he did not have his Hawiyya ID card on him, he was forced to go home and retrieve it before he was allowed to see his son. Osama was alone with the soldiers in the jeep for over one hour, and remained in detention for another hour and a half after his father returned, before being released. Throughout this time, people from the town surrounded the military jeeps, in an effort to support the child. The incident was captured by Palestine TV, and can be seen below. The offending soldiers released Osama to his home that night, but claimed that he had officially confessed to throwing stones.

Often, ‘Azzunee children who are arrested or detained are offered release if they sign a confession, often written in Hebrew, a language they don’t read or write. These children are usually alone with soldiers, with neither their parents nor lawyers present (which is in direct contravention of Israel’s own laws), and are under great physical and mental duress. These confessions are designed to implicate other children – often by having other names written in. Since the children do not know what they are signing, they are tricked into implicating their friends in falsified crimes.

In some instances, children who are accused of throwing stones at settlers have also been ordered to pay ‘compensation’ for ‘causing distress’ to the settlers (who cannot even prove they had stones thrown at them), sometimes up to 30,000 shekels. This is a further burden for economically unstable ‘Azzun. Those who cannot pay the compensations in the allotted time are forced to spend double the time of their original sentence in jail.

While the town is definitely happy that Osama has returned home, the story is not yet over. Since the Israeli soldiers have a forced confession to stone throwing, they may return again to raid Osama’s house, or potentially use this ‘confession’ as evidence to arrest other children from the village.

Palestinian Christian struggle mapped in new book

5th May 2014 | The Electronic Intifada, Joe Catron | Gaza City, Occupied Palestine

Palestinian Christian struggle mapped in new bookIn Mapping Exile and Return: Palestinian Dispossession and a Political Theology for a Shared Future, American Mennonite theologian and aid worker Alain Epp Weaver explores a legacy of Palestinian Christian exile, and struggle for return. The book’s terrain ranges from the ethnically-cleansed villages of the Galilee to the Upper West Side of Manhattan.

Weaver focuses particularly on contending geographies: how “Palestinians have been ‘abolished from the map,’ in the words of Palestinian cartographer Salman Abu-Sitta,” and the prospect of “counter-cartographies that subvert colonialism’s map-making.”

His book encompasses the work of specialists, like Abu-Sitta’s maps, the writings of Edward Said, the Institute for Palestine Studies’ encyclopedic volume All That Remains: The Palestinian Villages Occupied and Depopulated by Israel in 1948, as well as “memory production” by thousands of Palestinians through collaborations like the web archive Palestine Remembered.

“In the face of Zionist rejection of Palestinian refugee return, international indifference, and an ineffectual and compromising Palestinian leadership for whom the refugee question is a source of irritation, Palestinian refugees pin their hopes on memory,” Weaver writes.

Significantly, he also includes extended histories of two key initiatives: the struggles for return by the ethnically-cleansed Christian villagers of Kufr Birim and Iqrit in the Galilee, and Zochrot, an Israeli organization dedicated to “remembering the Nakba in Hebrew.”

Rites of return

The residents of Kufr Birim and Iqrit, Weaver writes, “pioneered and in turn inspired activism on the part of other internally displaced persons (IDPs) inside Israel” through mass mobilizations, as well as “rites of return.”

Through the latter, ranging from personal visits to destroyed family homes to community festivals, like Iqrit’s recent Easter celebrations, villagers “carry on a dual struggle, both against the Israeli state and its institutions that deny their rights to the land and against sedentary tendencies and forgetfulness,” Weaver writes.

Later he likens Zochrot’s public mappings of ethnically-cleansed villages to “at least some practices of Palestinian refugees” as “exilic vigils.”

This content is fascinating, if unpredictable. Readers may wonder at the omission of major efforts like Kairos Palestine and the Sabeel Ecumenical Liberation Theology Center.

But at times, Weaver’s heavy-handed application of his own theology, and efforts to find its reflection in Palestinian Christianity, pose a bigger challenge.

His analysis is steeped in the writings of another American Mennonite, John Howard Yoder, popular among Catholic Workers and other Christian activists, as well as Mennonites. Like his Mennonite forebears, Yoder viewed nations and their political institutions critically.

At his most succinct, he told a 1957 Mennonite peace conference near Karlsruhe, Germany, “The state is a pagan institution in which a Christian would not normally hold a position” (John Howard Yoder, Discipleship as Political Responsibility, Scottsdale, Pennsylvania, Herald Press, 2003, p. 25).

Following Yoder’s “theology of galut [exile] as vocation,” Weaver argues for “accepting one’s exilic status, even when one is at home,” and advocates a binationalism “differentiated from the one-state solution.”

Theological cartography

His prescription bears some resemblance to the description of a “very fluid model” of “overlapping claims” in ancient Palestine offered by Hebrew Bible scholar Rachel Havrelock.

And in each case study in the book, Weaver searches “for a theological cartography of land and return in which exile and return function as potentially interpenetrating, instead of irreducibly opposed, realities.”

In his section on Edward Said, Weaver may find what he seeks. In another, he fairly claims, “Abu-Sitta’s maps can (but need not) be interpreted as escaping the statist character of most national maps.”

At a low point, Weaver reproaches recently-retired Melkite Greek Catholic Archbishop Elias Chacour, a displaced resident of Kufr Birim and noted writer as well as community leader, for a statement of Chacour’s own, fairly standard Christian belief.

“[N]ow we have a new understanding of the Chosenness,” Chacour wrote in 1999. “Who is Chosen? Man and Woman — every man and every woman — are invited to take part in the divine banquet” (“Reconciliation and Justice: Living with the Memory,” Holy Land, Hollow Jubilee: God, Justice, and the Palestinians, ed. Naim Ateek and Michael Prior (London: Melisende, 1999), p. 112).

This clear opinion “fails to do justice to Chacour’s nuance at other points in his writings,” Weaver states, before divining the position he would prefer Chacour hold instead from his choice of a Bible translation. In such passages, it becomes painfully obvious that what Weaver hopes to find is simply not there.

In 1970, black liberation theologian James H. Cone wrote that “there can be no theology of the gospel which does not arise from an oppressed community.” Theology, Cone added, “cannot be separated from the community which it represents” (James H. Cone, A Black Theology of Liberation: Fortieth Anniversary Edition, Maryknoll, New York, Orbis Books, 2010, p. 5, 9).

Divide and rule

Weaver’s account offers a testimony to both the world’s oldest Christian community’s theological response to its own oppression, and the risks of viewing its struggle through a lens that may, in another context, make perfect sense.

In Kairos Palestine’s recent Easter Alert, Hind Khoury, Sabeel’s vice-president and former Palestinian Authority minister of Jerusalem affairs and Palestine Liberation Organization ambassador to France, writes, “Each one of us is targeted in our very survival and the integrity of our community, as in the integrity of our identity and our culture. Even our memory and our future are being hijacked.”

“One of the latest such laws, for example, decreed that Palestinian Christians are not Arabs in order to further divide and rule and confuse Palestinian cohesive identity,” she added.

Palestinians facing not only occupation and exile, but also denial of their heritage and sectarian attempts to fragment it, may find belonging, identity and nationality more liberatory, for themselves and the world around them, than those of us who share Weaver’s “location within political and theological maps of power and privilege” as “descendant[s] of European immigrants who settled on land claimed by Pawnee and Cheyenne nations,” among a great many others.

And it is the commonality of Palestinian experience and destiny that politically-engaged Palestinian Christians stress, from religious figures like Greek Orthodox ArchbishopAtallah Hanna to boycott, divestment and sanctions organizer Sandra Tamari, who wrote for Mondoweiss last year: “I am uncomfortable with the identity of Palestinian Christian because — thankfully — Palestinians have not fallen into sectarian traps that divide along religious lines.”

“We must create spaces for listening to the broad spectrum of Palestinian stories,” she added. “We cannot do that by excluding the majority of Palestinians who happen to be Muslims.”

Nor, while Israel’s sectarian legislation and attempts to recruit Christians into its army, and what the Catholic Ordinaries of the Holy Land yesterday called “a wave of anti-Christian fanaticism and violence” by Israelis continue, is it likely to happen through the detachment Yoder suggested and Weaver champions.

Instead most Palestinians, regardless of faith, may find more promise in the “firm national position of the Christians in refusing to join a military that exercises violence against the rights of the Palestinian people,” expressed Friday by Archbishop Hannah and retired Latin Patriarch Michel Sabbah, and in the Easter sentiments of Sabbah’s successor, current Patriarch Fouad Twal: “We are the rightful/lawful owners, and you will hear our voice before all governments worldwide.”

Joe Catron is a US activist in Gaza, Palestine. He co-edited The Prisoners’ Diaries: Palestinian Voices from the Israeli Gulag, an anthology of accounts by detainees freed in the 2011 prisoner exchange, and is a member of the Palestine Israel Network in the Episcopal Church. Follow him on Twitter: @jncatron.

Palestinian Christian struggle mapped in new book

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