‘We Are The Accusers, Not The Accused’ : EDO Decomissioners victorious in court

Chloe Marsh | Palestine Monitor

3 July 2010

On 16th January 2009 seven U.K. peace activists broke into the premises of EDO MBM, suppliers of weapons components and in the words of one of them, Elijah Smith ’set out to smash it up to the best of our abilities’.

It was an entirely accountable action which was always intended to end in a trial and each decommissioner had pre-recorded a video in which they stated the reasons for their participation –to help dismantle the war machine from the factory floor.

Once inside the building, they barricaded themselves in and set to work. Equipment used to make weapon components were trashed and computers, filing cabinets and office furnishings were thrown out of the windows. Once they were done they calmly waited for the police to arrest them. Two activists who supported them outside the factory gates were also on trial. All of the defendants have argued that what they did was not only morally necessary but crucially that it was legal. U.K law allows the commission of damage of property to prevent greater crimes.

Two of the accused, Simon Levin and Chris Osmond have extensive experience of working in Palestine with the International Solidarity Movement. Chris Osmond told the court that ’the humanitarian disaster unfolding in Gaza at that time meant it was imperative to act’. He cited the words of Rachel Corrie, the U.S activist who was killed by an IDF bulldozer in Rafah, as an inspiration. The court heard a passage of Corrie’s diary ’I’m witnessing this chronic insidious genocide and I’m really scared, this has to stop, I think it is a good idea idea for all of us to drop everything and devote our lives to making this stop’.

During the trial the court heard not only from the defendants themselves but from Sharyn Lock, who was an international human rights volunteer in Gaza during Cast Lead. She was inside Al-Quds hospital in Gaza City when it was attacked with white phosphorus. She concluded her evidence by saying that she had no doubt that those who armed the Israeli Air Force ’had the blood of children on their hands’. The jury saw footage of the air attacks on the UNWRA compounds where civilians were sheltering and have been given an edited version of the Goldstone report.

Recently elected member of Parliament for Brighton Pavilion, Caroline Lucas also gave evidence supporting the decommssioners, saying that the democratic process ’had been exhausted’ as far as the factory was concerned.

On January the 17th 2009 the bombs had already fallen relentlessly on Gaza for three weeks. Massive, passionate demonstrations and pickets had been held in many cities around the country and the world in protest against Israel’s war crimes, but to no avail. A growing sense of helplessness was grabbing hold of the movement as the Palestinian body count stood at over 1400 and counting. 300 of the dead were children. It was against this background that the “citizen’s decommissioning” of EDO MBM/ITT took place.

EDO/ITT is an arms manufacturer, based in Brighton since 1946. They were acquired along with the rest of EDO Corporation by the multinational arms conglomerate ITT in December 2007. Their primary business is the manufacture of weapons systems such as bomb release mechanisms and bomb racks. This includes crucially the manufacture of the VER-2 Zero Retention Force Arming Unit for the Israeli Air Force’s F16 war planes.

Over the years, EDO have consistently denied supplying Israel, and despite over fifty court cases campaigners were not able to properly expose the links between the factory and the IAF. However the serious nature of the charges against the seven (the factory sustained nearly £200,000 of damage and may not have recommenced production for weeks) means that for the first time courts took the argument that EDOs business is fundamentally illegal very seriously.

Paul Hills, the Managing Director of EDO MBM, spent his five days on the witness stand last week being confronted with all the evidence gathered by campaigners over the years –evidence which exposes a complex network of collaboration between British, American and Israeli arms companies and the way in which their deals are clouded in secrecy. The Decommissioners were able to present Mr Hills, for the first time, with a dossier of evidence showing how EDO MBM use a front company in the U.S.A to indirectly supply components for the F 16 to Israel. Under U.K law the supply of weapons components that might be used in the Occupied Territories is actually a crime.

After hearing Hills’ explanations of his company’s business practices, Judge George Bathurst-Norman said that, despite Hill’s denials of dealing with Israel, it was clear that their was enough evidence to justify a genuinely held belief they did. He also offered the opinion that End User Certificates required for arms export licences were “ not worth the paper they are written on” as they can be easily manipulated.

There is a history of juries in British courts finding anti-war activists not guilty when they attack machinery used in war crimes. In 1996 four women from Trident Ploughshares decommissioned a Hawk jet that was about to be shipped to Indonesia – they were found not guilty. In 2008 the Raytheon 9, who damaged a factory in Derry supplying weapons to Israel during the 2006 Lebanon war, were acquitted by a jury and only two weeks ago a group of nine women carrying out a similar action at Raytheon during the Gaza attacks were also found not guilty by an unanimous jury.

On Friday, the jury found Simon Levin, Tom Woodhead, Ornella Saibene, Bob Nicholls, Harvey Tadman, Elijah Smith and Chris Osmond not guilty of “Conspiracy to Cause Criminal damage” by unanimous verdict in Hove Crown Court.

Chris Osmond said “This action was taken because of EDO MBMs illegal supply of weapons to the Israeli military. We brought the suffering of ordinary Palestinians into a British courtroom and confronted with the evidence they took the brave decision to find that our actions were justified.”

The decommissioners’ stance made it clear to companies like EDO that they can no longer count on not being held to account for their actions. There are now a growing number of people in the international community who are willing to risk their own liberty to stand up for the people of Gaza and to challenge Israel’s war crimes through whatever means possible.

For more information see www.smashedo.org.uk

Israel to Reinvestigate the Shooting of US Activist Tristan Anderson

Popular Struggle Coordination Committee

30 June 2010

Tristan Anderson
Tristan Anderson

The Israeli District Attorney announced last week that the police will revisit its investigation into the shooting of American activist, Tristan Anderson, who was critically injured by a high velocity tear gas projectile that was shot directly at him by an Israeli Border Police officer during an anti-Wall protest in the West Bank village of Ni’ilin on March 13th, 2009.

The case was closed earlier this year on grounds of “lack of wrongdoing”, and will now be reopened following an appeal filed on behalf of Anderson’s family by attorneys Michael Sfard and Ido Tamari. The appeal, which pointed out grave flaws and negligence in the original investigation, was based on an independent investigation, held parallel to the one the police conducted. It shows clearly that the police decided to close the case despite the fact that the investigating team had never visited the scene of the shooting, and as a result questioned officers who had nothing to do with Anderson’s shooting and, in fact, could have had nothing to do with the shooting, as there was no direct line of fire between where they were positioned and were Anderson was shot.

A second Border Police crew, which was located in the area where Anderson was shot from according to all civilian eye witnesses, was never questioned at all. The force’s commanders, who carry responsibility for the shooting were also not held accountable.

View a presentation explaining the ills of the police investigation here.

The decision to re-launch the investigation following the appeal is, in effect, an acceptance of Anderson’s family’s claims that the investigation which cleared the Border Police officers from responsibility to their son’s critical injury was fundamentally flawed and negligent.

Attorney Michael Sfard: “With this kind of negligence, it is no wonder that the world does not trust Israeli investigations. Our own independent investigation was easily able to show, despite our meager resources, that the shooting was done directly at Anderson and with absolutely no justification. We will not rest until the shooter is brought to justice”.

Nancy Anderson, Tristan’s mother: “We expect someone to finally take responsibility for our son’s shooting. It is unimaginable to us that soldiers will shoot unarmed civilians whose sole crime was to demonstrate, and that no one will be held accountable. The re-launching of the investigation, so we hope, is a much needed first step towards justice for us and for our son.”

Anderson left Israel and returned to the USA with his family at the beginning of the month, after almost a year and a half of hospitalization in Tel Hashomer hospital in Tel Aviv. His condition remains serious as he suffered irreversible brain damage as a result of the shooting.

SF Chronicle: Protesters prevent unloading of Israeli ship

David Baker | San Francisco Chronicle

Hundreds of protesters picket the Oakland Docks where the Israeli Zim ship intends to offload cargo.
Hundreds of protesters picket the Oakland Docks where the Israeli Zim ship intends to offload cargo.

Hundreds of demonstrators, gathering at the Port of Oakland before dawn, prevented the unloading of an Israeli cargo ship.

The demonstrators, demanding an end to Israel’s blockade of the Gaza Strip, picketed at Berth 58, where a ship from Israel’s Zim shipping line is scheduled to dock later today. The day shift of longshoremen agreed not to cross the picket line.

International pressure to end the Gaza closure has increased since Israeli commandos stormed a flotilla of ships attempting to run the blockade on May 31, killing nine people. Last week, Israeli officials announced that they would loosen but not lift the blockade, allowing more goods to enter the impoverished area.

“Our view is that the state of Israel can not engage in acts of piracy and kill people on the high seas and still think their cargo can go anywhere in the world,” said Richard Becker, an organizer with ANSWER, one of many peace and labor groups involved in Sunday’s action.

Becker estimated that 600 to 700 people joined the demonstration, many of them arriving at 5:30 a.m. Oakland police, who estimated the crowd at 500 people, reported no arrests.

The demonstrators want to block the unloading of the Zim ship for a full day. After convincing the day shift of longshoreman to honor the picket line, the demonstrators dispersed around 10 a.m., Becker said. The ship is scheduled to arrive in mid-afternoon, and the demonstrators plan to gather again around 4:30 p.m. and re-establish their picket line before the evening shift of longshoremen arrives at 6 p.m.

Palestinian activist faces prison sentence

Amnesty International

13 June 2010

Over a thousand demonstrators attended the fifth anniversary of demonstrations in Bil'in
Over a thousand demonstrators attended the fifth anniversary of demonstrations in Bil\’in

Amnesty International has urged an Israeli military court not to convict a Palestinian non-violent activist who has been detained since last July, after he took part in a protest against the Israeli built fence/wall on Palestinian land.

Adeeb Abu Rahma has been charged with “being present in a declared military zone”, “incitement” and “activity against public order”. There is a real concern that the Ofer Military Court in the Israeli-occupied West Bank will convict him on Sunday.

“A guilty verdict would set a worrying precedent for other activists charged and awaiting trial, as Adeeb Abu Rahma would be the first activist against the fence/wall to be brought to a full evidential trial in a case of this kind,” said Amnesty International.

Many Palestinians who protest non-violently against the fence/wall are detained without charge or trial, others who are charged with offences such as stone-throwing will frequently enter plea bargains.

Adeeb Abu Rahma has denied all charges, other than stating that he was present on a number of different occasions in non-violent demonstrations against the fence/wall.

An initial charge made against him for inciting others to throw stones was withdrawn following arguments and evidence put forward by his legal defence.

The activist has repeatedly expressed his commitment to the principle of non-violence. Amnesty International said it is unaware of any credible evidence that he may have used or advocated violence.

“The broad scope of Israeli military orders mean that Adeeb Abu Rahma could be imprisoned solely for legitimately exercizing his right to freedom of expression in opposing Israeli policies in the West Bank,” said Amnesty International.

“If this is the case, we would regard him as a prisoner of conscience who should be released immediately and unconditionally.”

Under military orders that are applied to Palestinians living under Israeli occupation in the West Bank someone convicted under “Acts of Incitement and Hostile Propaganda” can be subject to imprisonment of ten years or a fine or both. The charge of “Activity Against Public Order” can carry a prison sentence of five years.

Adeeb Abu Rahma, a taxi-driver and father of nine from the West Bank village of Bil’in, was arrested at around 1.30pm on 10 July 2009 while taking part in the weekly demonstration against the fence/wall near Bil’in.

Since March 2009, Adeeb Abu Rahma and his wife Fatima’s families have not been able to visit some 25 acres of their land to cultivate olive trees and cereals as they have been cut off by the fence/wall.

The villagers, together with Palestinian, Israeli and international supporters, have been holding weekly demonstrations for the last five years in protest against the fence/wall and the confiscation of their land by the Israeli authorities.

In March 2010, Israeli soldiers posted flyers in Bil’in declaring that the village and its surrounding area would be a closed military zone every Friday from 8am to 8pm, the day when the protests are held.

While the order applies to “Israeli citizens, foreigners and Palestinians who are not residents of the villages” it states that village residents will not be subject to it.

The arrests of three prominent activists against the fence/wall last year – Mohammed Othman, Abdallah Abu Rahma and Jamal Juma’ – indicated a crackdown on the legitimate expression of opposition to the construction of the fence/wall through the occupied West Bank.

Mohammed Othman and Jamal Juma’ were released without charge in January 2010 following international calls for the end of their detention.

Abdallah Abu Rahma head of the “Popular Committee Against the Wall” in Bil’in, who was arrested on 10 December 2009, is still in detention.

In the last two years, Israeli forces have killed eight people, including a ten-year old boy and two teenagers, at the sites of anti-wall demonstrations and injured scores more, some very seriously.

The Israeli authorities have failed to produce credible evidence that those killed posed a threat to the lives of the soldiers involved.

The Israeli 700-kilometre fence/wall runs from north to south of the West Bank, encircling Palestinian villages as well as whole neighbourhoods in and around East Jerusalem.

The majority of the fence/wall is not built on the “Green Line” (the 1949 armistice line which separates the State of Israel from the occupied West Bank) but is located on Palestinian land inside the West Bank, separating Palestinian towns, villages, communities and families from each other and vital services, as well as cutting off Palestinian farmers from their land.

In June 2004 the International Court of Justice issued a unanimous advisory opinion which stated that the construction of the wall in the OPT is contrary to international law and that Israel was obliged to dismantled sections already built there and provide reparation to Palestinians affected by the construction. The Israeli government rejected these recommendations.

Furthermore, when Palestinians, together with Israeli and international supporters, have demonstrated against the fence/wall, Israeli forces have often used excessive force against them. Some demonstrations are conducted peacefully; in others, some protestors throw stones at the Israeli military or attempt to damage the fence/wall.

Activists disrupt Caterpillar shareholder meeting

Kristin Szremski | The Electronic Intifada

11 June 2010

While pro-Palestinian activists and supporters of Israel lined opposite sides of South LaSalle Street outside the Northern Trust Building in Chicago on 9 June, James Owens, the outgoing CEO and Chairman of Caterpillar Inc., told a room full of shareholders the company was not responsible for the way Israel uses the bulldozers the company manufactures in the United States.

Owens made his remarks at the end of the annual shareholders meeting, which had been disrupted 14 times by individual protestors who stood up one by one and loudly proclaimed that the Israeli military uses Caterpillar’s D9 bulldozer to raze farmland, uproot olive groves and demolish homes, sometimes crushing people inside. As each activist stood, as many as five plain-clothed security personnel descended upon the speaker and physically escorted him or her from the room.

At one point, the audience started chanting, “Out, out, out” as activists were lead away.

Initially Owens stopped speaking with each outburst. But he attempted to speak over the twelfth protestor, Sandra Tamari, a Palestinian American activist from St. Louis. Undaunted, Tamari continued to talk until right before she was taken from the room; she turned and pointed a finger at Owens and at the board of directors seated to his right. The room fell silent as she said with charged emotion, “You should be ashamed! You should be ashamed. People are dying.”

“It is not the D9 that is killing people,” Owens said after the end of the business meeting, during the question and answer session. “People are dying in the Middle East and we’re sorry about that. We can’t help that.”

Owens maintained the company “can’t manage the four million pieces of equipment out there,” adding that if Caterpillar did not sell the machines to Israel, the bulldozers still could be purchased off the Internet.

In addition, Owens hid behind the US Foreign Military Sales program, which handles the sales of the CAT machines to Israel. “We’re not in the business of international relations. You need to take it up with Washington,” Owens said.

Several humanitarian organizations contend that since the D9 is sold through the FMS program the bulldozers qualify as weapons and as such Israel’s use of them to illegally demolish homes and target civilians violates the US Arms Export Control Act of 1976, which prohibits the use of military aid against civilians, according to a 2004 University of Wisconsin document on its investments in trust funds.

The D9 is no ordinary earthmover: it is more than 13 feet tall and 26 feet wide, weighs more than 60 tons with its armored plating, and can raze houses in a matter of minutes, according to the Center for Constitutional Rights. The CCR is one of the organizations that helped Cindy and Craig Corrie bring lawsuits against Caterpillar and the State of Israel for the 2003 death of their daughter, Rachel.

An Israeli soldier driving a CAT bulldozer crushed Rachel as she was defending a home in Gaza, targeted for illegal demolition. The case against CAT was dismissed but a civil trial began in Tel Aviv in March.

In addition to being retrofitted to hold heavy machine guns and in some cases grenade launchers, many D9 bulldozers are now driverless and can be operated by remote control, according to a March 2009 article in The Jerusalem Post.

“The unmanned D9 performed remarkably during Operation Cast Lead,” a commander was quoted as saying in the article. The Israeli military also used the driverless vehicle, dubbed “Black Thunder,” in the 2006 war on Lebanon. The commander was not named in the article.

Israel has demolished some 24,000 homes using the D9 since it illegally occupied the West Bank, Gaza and Jerusalem in 1967, according to Joel Finkel of Jewish Voice for Peace, who introduced a shareholder proposal requesting a review of CAT’s global corporate standards.

“This means that Israel has intentionally made hundreds of thousands of people homeless. … For decades, its primary tool to accomplish this has been the D9 bulldozer, which our company builds and services solely to help Israel cleanse Palestine of its non-Jewish inhabitants by destroying their homes,” he said.

In 2003, Caterpillar’s sales and revenue totaled $22.8 billion, with more than half of that coming from overseas markets. This year, the company projects sales and revenues to reach as high as $42 billion, with a goal of $100 billion by the year 2020. Dividend payouts have increased 125 percent since 2003, according to the Quarter 1 2010 analyst conference call, filed with the US Securities and Exchange Commission. While CAT executives point to emerging markets such as Latin America for the company’s recent growth, revenues were down by about 22 percent in the first quarter of 2010 in the Europe, Africa and Middle East sector compared to the same period in 2009.

The shareholder proposal asked Caterpillar to amend its current policy, the “Worldwide Code of Conduct” — which does not include language pertaining to international human rights — to conform with international human rights and humanitarian standards, according to the proxy statement filed with the US Security and Exchange Commission in April.

Shareholders have been submitting proposals to the annual shareholders meeting since 2004, when members of the Catholic organizations Sisters of Loretto and the Ursuline Sisters submitted a proposal in 2004 asking CAT to probe how Israel used the bulldozers. Then, the proposal was supported by a mere four percent of shareholders; 20 percent supported the current proposal Wednesday.

That the Israeli military uses the bulldozers has been well-established. Now, however, the military is taking things a step further. The Israeli military is now conscripting Caterpillar mechanics as “reservist soldiers” so they can maintain the machines on the front lines in an Israeli military operation, according to a November 2009 article in the Israeli daily Haaretz.

“During Operation Cast Lead and before, during the Second Lebanon War, our staff essentially volunteered, and were nearly at the front in order to care for the equipment. Sometimes they risked their lives,” Yossi Smira, director of Zoko Shiluvim, which owns the Israeli company that supplies the armored bulldozer, said in the article.

When a reporter asked Owens during the question and answer session whether he was personally affected by stories that mechanics are being conscripted as soldiers or that disabled people were crushed to death when bulldozers collapsed their homes around them, he said, “Absolutely. It’s tragic. But we can’t manage four million pieces of equipment out there.”

Meanwhile, the expelled activists were convened in an alley near a back door, waiting to receive their cell phones and other electronic items, which had to be checked prior to the meeting. They waited for more than two hours. And when a guard finally brought their items, he brought them from the fifth floor — one at a time.

The group of 14 was convened by Matt Gaines of Chicagoans Against Apartheid in Palestine. Activists travelled from Boston, St. Louis and Louisville to attend the shareholders meeting.

The only ticketed offense during the day came when an activist from Chicago was cited by Chicago police for “incitement” after a pro-Zionist protestor punched him in the chest. He was not allowed to file a complaint against the man who hit him, he said.

Kristin Szremski is the director of media and communications for American Muslims for Palestine. She is also a freelance journalist based near Chicago.