Take Action: Verdict in Corrie Case Requires U.S. Investigation

September 19 2012 | US Campaign to End the Occupation

Urge the U.S. Government to Investigate Israel’s Attacks on Rachel and Others

Rachel Corrie Photo
Rachel Corrie

Rachel Corrie was a U.S. citizen and a human rights defender committed to ending Israel’s illegal demolition of Palestinian homes. According to the Israeli Committee against House Demolitions,Israel has demolished an estimated 27,000 Palestinian structures in Occupied Palestinian Territory since 1967.

Rachel was killed by the Israeli military with a U.S.-taxpayer funded Caterpillar D9 bulldozer on March 16, 2003, in Rafah, in the Gaza Strip, while seeking to protect the home of a Palestinian family from demolition.

In August 2012, a civil case in Israeli court against the Israeli military filed by the Corrie family concluded with the presiding judge not only absolving the State of Israel of any liability, but also blaming Rachel for her own death.  This is unacceptable.

Take action today by signing this petition launched by us and our friends at the Center for Constitutional Rights urging the U.S. government to conduct investigations into all cases of Israel severely injuring or killing U.S. human rights defenders.
The U.S. government has long maintained that the Israeli military’s investigation into Rachel’s death was not thorough, credible, and transparent. The Israeli court’s verdict has only reinforced the fact that Israel is incapable of investigating and holding itself accountable for killing Rachel and severely injuring and killing other U.S. human rights defenders.
Recently, member groups around the country took action during the Rachel Corrie Week of Action surrounding the verdict, focused on building the We Divest Campaign, which calls on financial giant TIAA-CREF to divest from companies involved in the Israeli occupation, including Caterpillar.On Hilton Head Island, South Carolina, activists from member group Hilton Head for Peace held a vigil to honor Rachel’s life and work for justice.In Oak Creek, Wisconsin, member group Friends of Palestine demonstrated and performed street theatre at Caterpillar’s Mining Operations Headquarter.
Other activists and member groups in Honolulu, HI; Boca Raton, FL; Houston, TX; Phoenix, AZ; Philadelphia, PA; St. Louis, MO; Eureka, Palo Alto, Los Angeles, and San Francisco, CA; and Chicago, IL held other actions around the country outside of Caterpillar dealerships, an Israeli ConsulateTIAA-CREF offices. US Campaign members joinred others in Washington, D.C. in a demonstration outside the State Department. You can see photos of many of the actions here.Other U.S. activists focused on social media. On the day of the verdict and the day after, #RachelCorrie and #divest4justice trended among the top ten most popular hashtags. And more than one hundred individuals worldwide posted photos in solidarity with Rachel and her family on this Tumblr blog.
Whether or not you were able to take action during the Week of Action, please take action today by signing this petition calling for a U.S. investigation now.
Click here for a terrific round-up of the international Week of Action by Rochelle Gause of the Rachel Corrie Foundation, which ends with these poignant words:
“I don’t think that Rachel should have moved. I think we should all have been standing there with her,” said Cindy Corrie in response to Judge Gershon’s comment that Rachel should have moved out of the way of the Caterpillar bulldozer.  Rachel wrote from Gaza, “The international media and our government are not going to tell us that we are effective, important, justified in our work, courageous, intelligent, valuable. We have to do that for each other, and one way we can do that is by continuing our work, visibly.” May we continue to take Rachel’s words to heart, find ways to successfully mobilize ourselves, strengthen our networks, utilize new forms of communicating to affirm the just cause of the Palestinian people and stand with the movement for universal human rights in Palestine and Israel.
Together we’ll deliver the petition to the State Department next month. Help us reach our goal of 10,000 signatures by signing right now and spreading the word!

Family home raided in Silwan after settler attack on children

By SILWANIC

28 August, 2012 | SILWANIC, Silwan, Jerusalem

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.

Rachel Corrie: Blaming the victim

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.

By Hussein Abu Hussein

02 September, 2012 | Haaretz

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.

Judge blaming Rachel Corrie for her own death highlights Israel’s impunity, family says

By Jillian Kestler-D’Amours

28 August 2012 | Electronic Intifada, Haifa

Rachel Corrie

The Haifa District court ruled earlier today that the Israeli military is not responsible for killing American activist Rachel Corrie, and that Corrie was to blame for her own death.

“Even when she saw the mount of earth moving towards her, she did not move away. The accident was caused by the deceased,” said Israeli Judge Oded Gershon, as he read out a summary of the 62-page ruling in front of a packed courthouse and with Rachel’s mother Cindy, father Craig and sister Sarah sitting in the front row.

Rachel’s death, Gershon said, “was not due to negligence of the state or any of its actors. The state did not violate the right of the deceased [Rachel Corrie] to life.”

Twenty-three-year-old American activist Rachel Corrie was crushed to death by an Israeli army bulldozer in March 2003. At the time of her death, she was trying to prevent Israeli demolitions of Palestinian homes in the Gaza border town of Rafah.

“There is no basis for the claim that the bulldozer hit her intentionally. It was a very unfortunate accident. I am confident the operator wouldn’t have continued if he saw her. This was an accident,” Gershon said, adding “the state is not responsible for damages in actions [that occur] in combat operations.”

Seven years in court

The Corrie family intends to appeal the Haifa District Court’s decision at the Israeli high court within 45 days.

The case was originally filed against the state of Israel in 2005 in Haifa District Court. The family accused the state of being responsible for Rachel’s death and of not conducting a thorough investigation into what happened.

Oral testimonies began in March 2010 and 23 witnesses have testified over 15 court hearings since that time. Israeli soldiers testified in court behind a curtain during the trial and a high-ranking Israeli army officer testified that there are no civilians in war.

“We are, of course, deeply saddened and deeply troubled by what we heard today,” said Rachel’s mother, Cindy Corrie, in a press conference following the verdict. “I believe that this was a bad day, not only for our family but a bad day for human rights, for humanity, for the rule of law and also for the country of Israel.”

Contrary to the court’s ruling, Cindy Corrie said that her family and their legal team believe that the Israeli soldiers driving the bulldozer saw Rachel the day she was killed. The family also said that Israeli military’s investigation into Rachel’s killing was wholly inadequate.

“I can say without a doubt that I believe my sister was seen as that bulldozer approached her,” said Rachel’s sister, Sarah, during the press conference. “I hope someday [the bulldozer driver] will have the courage to sit down in front of me and tell me what he saw and what he feels.”

The Israeli courts, Cindy said, holding back tears, are part of “a well heeled system to protect the Israeli military, the soldiers who conduct actions in that military” and “provide them with impunity at the cost of all the civilians who are impacted by what they do.”

“We believe that Rachel was seen. Everything that we knew coming into this process, reinforced by everything we saw and heard in court, confirmed our belief that at least one soldier knew she was there. [It was the soldiers’] ability and obligation to see who was in front of their machine. We believe someone in that bulldozer did,” she said.

Last week, the American Ambassador to Israel, Dan Shapiro, reportedly told the Corrie family that the Israeli military investigation into Rachel’s killing had not been “thorough, credible and transparent.” Shortly after Rachel’s death, then-Israeli Prime Minister Ariel Sharon promised US President George W. Bush that such an investigation would be conducted.

“We knew from the start that a civil lawsuit would be an uphill battle but as a family we had to push for answers for accountability and for justice. The diplomatic process between the United States and Israel failed us, and today the Israeli court system demonstrated its failure to us,” Cindy Corrie said.

The court’s ruling

As he read out the summary of his ruling, Israeli judge Gershon found that the Israeli military’s investigation into Rachel Corrie’s death was satisfactory.

He also ruled that the charges of assault and negligence levied against the Israeli military were unfounded, and that forcing Israel to pay damages to the Corrie family was unnecessary since Rachel’s death was unintentional.

Gershon added the area where Rachel Corrie was killed was a closed military zone and “daily combat region” and that the bulldozer’s work — which he said was clearing and flattening the land in the area — was absolutely necessary.

“The task of the army was to clear the area and to clear terrorist hiding places. There was an urgent need to perform this task. The task was not to destroy houses,” Gershon said, as he read a summary of the verdict in court.

In a press conference following the verdict, the Corrie family’s lawyer, Hussein Abu Hussein, said that the aim of the army’s operations the day Rachel Corrie was killed was to demolish the home of the Nasrallah family, with whom Rachel had been staying.

“It was not right because Rachel was living with this family of Dr. Nasrallah all the period before the killing. Here in this picture, you see how far the bulldozer [was] from the house of Dr. Nasrallah. Any human being who sees this picture can imagine that the aim of this activity in that day, was the destruction of the house of Dr. Nasrallah,” said the Corrie family’s lawyer, Hussein Abu Hussein.

Impunity for Israeli crimes continues

“While not surprising, this verdict is yet another example where impunity has prevailed over accountability and fairness. Rachel Corrie was killed while non-violently protesting home demolitions and injuries, injustice in Gaza and today this court has given its stamp on the approval to flout an illegal practices that fail to protect civilian life,” Abu Hussein said, as he read a prepared statement shortly after the verdict was announced.

“In this regard, the verdict blames the victim based on distorted facts and it could have been written directly by the state’s prosecution. We know from the beginning that we had an uphill battle to get truthful answers and justice, but we are convinced that this verdict distorts the strong evidence presented in court and contradicts fundamental principles of international law with regards to protection of human rights defenders,” Abu Hussein said.

The Rachel Corrie case has highlighted the lack of accountability that Israeli soldiers are held to when they commit crimes against Palestinians.

Earlier this month, an Israeli military court didn’t hold anyone accountable for the killing of two Palestinian women in Gaza during Israel’s attacks on the Palestinian territory in 2008-09. The women were killed when an Israeli soldier opened fire on them as they stood waving white flags.

“The Israeli military received strong evidence in dozens of cases that its soldiers killed Palestinians unlawfully during Israel’s ‘Operation Cast Lead,’ yet the military has indicted only four soldiers, and jailed none on such charges,” said Eric Goldstein, deputy Middle East director at Human Rights Watch.

“The scant accountability for the apparent crimes by Israeli soldiers casts grave doubt on Israel’s willingness to prosecute crimes by its forces” (“Israel: 2009 Killings of Mother and Daughter Unresolved,” Human Rights Watch, 22 August 2012)

Indeed, Rachel’s father, Craig Corrie, said that his daughter’s killing highlighted this impunity, and showed just how the Israeli army “thought [it] could kill people on the border with impunity.”

He explained how, within a seven-week period in 2003, Rachel, British activist Tom Hurndall and British journalist James Miller were killed in the same area of Gaza.

According to Human Rights Watch, the Israeli army demolished over 2,500 Palestinian homes in Gaza from 2000 to 2004; two-thirds of that number were in Rafah alone. “That was why Rachel was there. That context was almost not permitted within the courtroom at all,” Craig said.

“There was a family behind that wall and she knew that family. She slept on the floor in the parents’ bedroom because they couldn’t sleep in the children’s bedroom because they were being fired at by Israeli soldiers. She knew that family and she knew they stood behind that wall,” he added.

“Knowing that, how could she move?”

Jillian Kestler-D’Amours is a reporter and documentary filmmaker based in Jerusalem. More of her work can be found at jkdamours.com.

‘Welcome to Palestine’ group denied entry into West Bank

26 August, 2012 | Ma’an News, Bethlehem, West Bank

Activists pictured during a protest at Brussels national airport in April.
Some 1,200 people throughout Europe had bought plane tickets for an
April 15 visit to the West Bank as part of a campaign called “Welcome
to Palestine”. (Reuters/Sebastien Pirlet)

Dozens of foreign peace activists were denied entry into the West Bank by Israeli authorities at the Allenby Bridge crossing on Sunday evening, organizers of the third ‘Welcome to Palestine’ initiative said.

“The Welcome to Palestine Campaign decries the Israeli denial of entry via the Allenby Bridge to over 100 internationals who wanted to visit us in the occupied Palestinian Territories,” organizers said in a statement.

The group of around 100 activists had finished passport checks at the Jordanian side of the Allenby crossing but were denied entry at the first Israeli checkpoint and told to return to where they had come from, a spokesman for WTP told Ma’an.

No explanation was provided by Israeli crossing authorities as to why the group was denied entry, but the delegation will try to enter the West Bank again on Monday, the spokesman added.

“The denial of entry today at the Allenby Bridge border crossing from Jordan shows that the previous policies of siege and isolation continue,” organizers said.

“We thus will continue to initiate more Welcome to Palestine campaigns. We insist on the freedom of entry. As Israel persists in these unjust policies, it is only fair to ask all countries to reciprocate by denying Israelis entry to these countries.”

Since Friday, around 100 activists have arrived in Jordan, with the intention of crossing the Israeli-controlled border with the West Bank on Sunday.

Pro-Palestinian international activists smile in Amman, as they head towards
King Hussein Bridge at the border between Jordan and Israel,
August 26, 2012.(Reuters/Ali Jarekji)

The group included French, British, German and American supporters, campaigners told Ma’an.

Political figures were due to greet the delegation in Bethlehem and the group was then scheduled to spend five days visiting Jerusalem, refugee camps, the Negev and villages in Hebron that are struggling against Israel’s separation wall.

Welcome to Palestine had previously organized two “flytillas,” when foreigners stated their intention to visit Palestine on entry to Israeli airport Ben Gurion, drawing Israel to deny entry to many of the passengers and distribute blacklists to airlines.

Pro-Palestinian international activists wave a Palestinian flag and perform a dance
in Amman, before heading to King Hussein Bridge at the border between
Jordan and Israel, August 26, 2012. (Reuters/Ali Jarekji)