Trial in killing of American activist Rachel Corrie resumes in Israeli court

5 October 2010 | Rachel Corrie Foundation

Haifa, Israel – The Haifa District Court will resume hearings on Thursday, October 7 in the civil lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza.

Rachel Corrie, an American student activist and human rights defender from Olympia, Washington, was crushed to death on March 16, 2003, by a Caterpillar D9R bulldozer while nonviolently protesting Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM).

The first phase of the trail began in March 2010, when the Corrie family presented its witnesses, including several of Rachel’s colleagues from ISM who witnessed her killing. During the second phase of the trial, which began in September, the government will present several witnesses, including the Israeli military police investigator who headed the investigation into Rachel’s death, and the bulldozer operators who struck and killed her.

“When our daughter was killed, the Israeli government promised a thorough, credible and transparent investigation into her death, and neither our family nor our government believes that standard has been met,” said Cindy Corrie. “After seven years, we hope the government witnesses will be compelled by this trial to provide some of the answers that have so long been denied us.”

The lawsuit charges that Rachel’s killing was intentional. Alternately, it charges that the Israeli government was negligent for allowing Israeli soldiers and military commanders to act recklessly using an armored military bulldozer without due regard to the presence of unarmed, nonviolent civilians in Rafah. It also alleges that the Israeli military failed
to take appropriate and necessary measures to protect Rachel’s life, in violation of obligations under Israeli and international law.

The government of Israel argues that Rachel’s killing took place in the course of armed conflict in a closed military zone and should be considered an “Act of War,” or “War Operation,” and that its soldiers are therefore not liable for her death under Israeli law. It also argued that the case should be dismissed based on controversial legal theory that actions of the Israeli army in Rafah, Gaza, should be considered “Acts of State.” Finally, the government argues that Rachel acted in reckless disregard of her life and was responsible for her own death.

The proceedings have been attended by representatives of the US embassy, Lawyers without Borders, the Association for Civil Rights in Israel (ACRI), the Arab Association for Human Rights, Al Haq, Adalah, and Human Rights Watch.

“We pursue this case not just for our daughter,” said Craig Corrie, “but for the many civilians killed in Gaza, still remembered, still loved, still awaiting justice.”

Hearings are scheduled for October 7, 17,18 and 21 between the hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.

See any changes to the schedule and register to receive further press releases at www.rachelcorriefoundation.org.

Four men arrested in a night raid in Ni’lin

5 October 2010 | ISM Media

Tonight, around 2 am, the Israeli army entered the West Bank village of Ni`lin and arrested four Palestinians: Muhammed Ahmed Younis Amireh, Othman Risiqe Rasheed Amireh, Tarik Hassan Tawfeeq Mesleh and Asad Muhammed Abdulfattah Nafi.

Israeli soldiers on foot arrived from the gate in the illegal apartheid wall and from the fields around Ni’lin. As they do very often, they surrounded the village and snipers from different positions made sure that nobody could leave their houses.

About 50 soldiers went to arrest Muhammed Ahmed Amireh, 17 years old. In 2008 his brother Yousuf got shot with 3 rubber bullets in his head during a demonstration against the apartheid wall and died after 4 days. Yesterday night the soldiers entered forcefully Muhammed’s house, destroying furniture and everything they could reach and took him outside. After that he was handcuffed and tied up, the Israeli soldiers started beating and kicking him very hard while his mother was screaming and trying in vain to stop them. He was bleeding when they took him to the fields, where they had parked their military jeeps.

After that, about 30 soldiers brutally arrested Othman Risiqe Rasheed Amireh, 45 years old. They cuffed and blindfolded him in front of his wife. She is suffering from a late stage cancer and Othman was the only one that could take care of her. The Israeli army already went to visit their house about six weeks ago, destroying furniture and objects and taking pictures in order to intimidate Othman.

After a bit, seven military jeeps entered the village and the soldiers went to arrest two University students: Asad Muhammed Abdulfattah Nafi, 20 years old, and Tarik Hassan Tawfeeq Mesleh, 18. Tarik regularly takes part in the anti-wall demos as a volunteer of the Red Crescent.

Background

Israel began construction of the Wall on Ni’lin’s land in 2004, but stopped after an injunction order issued by the Israeli Supreme Court (ISC). Despite the previous order and a 2004 ruling from the International Court of Justice declaring the Wall illegal, construction of the Wall began again in May 2008. Following the return of Israeli bulldozers to their lands, residents of Ni’lin have launched a grassroots campaign to protest the massive land theft, including demonstrations and direct actions.

The original route of the Wall, which Israel began constructing in 2004, was ruled illegal by the ISC, as was a second, marginally less obtrusive proposed route. The most recent path, now completed, still cuts deep into Ni’lin’s land. The Wall has been built to include plans, not yet approved by the Army’s planning authority, for a cemetery and an industrial zone for the illegal settlement Modi’in Ilit.

Since the Wall was built to annex more land to the nearby settlements rather than in a militarily strategic manner, demonstrators have been able to repeatedly dismantle parts of the electronic fence and razor-wire surrounding it. Consequently, the army has erected a 15-25 feet tall concrete wall, in addition to the electronic fence. The section of the Wall in Ni’lin is the only part of the route where a concrete wall has been erected in response to civilian, unarmed protest.

As a result of the Wall construction, Ni’lin has lost 3,920 dunams, roughly 30% of its remaining lands. Originally, Ni’lin consisted of 15,898 dunams (3928 acres). Post 1948, Ni’lin was left with 14,794 dunams (3656 acres). After the occupation of the West Bank in 1967, the illegal settlements and infrastructure of Modi’in Ilit, Mattityahu and Hashmonaim were built on village lands, and Ni’lin lost another 1,973 dunams. With the completion of the Wall, Ni’lin has a remaining 8911 dunams (2201 acres), 56% of it’s original size.

Ni’lin is effectively split into 2 parts (upper and lower) by Road 446, which was built directly through the village. According to the publicized plan of the Israeli government, a tunnel will be built under road 446 to connect the upper and lower parts of Ni’lin, allowing Israel to turn Road 446 into a segregated-setter only road. Subsequently, access for Palestinian vehicles to this road and to the main entrances of upper and lower Ni’lin will be closed. Additionally, since the tunnel will be the only entryway to Ni’lin, Israel will have control over the movement of Palestinian residents.

Israel commonly uses tear-gas projectiles, rubber coated steel bullets and live ammunition against demonstrators.

Since May, 2008, five of Ni’lin’s residents were killed and one American solidarity activist was critically injured from Israeli fire during grassroots demonstrations in Ni’lin.

  • 5 June 2009: Yousef Akil Srour (36) was shot in the chest with 0.22 caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital.
  • 13 March 2009: Tristan Anderson (37), an American citizen, was shot in the head with a high velocity tear gas projectile. He is currently at Tel Hashomer hospital near Tel Aviv with uncertain prospects for his recovery.
  • 28 December 2008: Mohammed Khawaje (20) was shot in the head with 5.56mm caliber live ammunition. He died in a Ramallah hospital 3 days later on 31 December 2008.
  • 28 December 2008: Arafat Rateb Khawaje (22) was shot in the back with 5.56mm caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital.
  • 30 July 2008: Yousef Amira (17) was shot in the head with two rubber coated steel bullets. He died in a Ramallah hospital 5 days later on 4 August 2008.
  • 29 July 2008: Ahmed Mousa (10) was shot in the forehead with 5.56mm caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital.

In total, 20 people have been killed during demonstrations against the Wall.

Israeli armed forces have shot 40 demonstrators with live ammunition in Ni’lin. Of them, 11 were shot with 5.56mm caliber live ammunition and 29 were shot with 0.22 caliber live ammunition.

Since May 2008, over 112 arrests of Ni’lin residents have been made in relation to anti-Wall protest in the village. The protesters arrested by the army constitute roughly 9% of the village’s male residents aged between 12 and 55. The arrests are part of a broad politically motivated Israeli campaign to suppress grassroots resistance to the Occupation.

Action Alert: We stand with Abdallah Abu Rahmah

Jewish Voice for Peace

4 October 2010

Seized in the night. Tortured. Held without trial, then tried in a military court where you have no rights; convicted on the coerced confessions of minors, you are facing a sentence of years in prison. All for organizing peaceful protests against the theft of your land and asserting your democratic rights.

Most of us who believe in human rights and democracy can never imagine being treated in such a way. Yet that is exactly what befell Abdallah Abu Rahmah, a democracy advocate from Bil’in in the Occupied West Bank. His town is known around the world for the determination of its residents – joined by Israelis and internationals in solidarity – to protest weekly against the theft of their land by Israeli authorities.

In Abdallah’s case, the charges were as bogus as the consequences were grave. He had collected spent tear gas canisters (see picture) to represent the harshness of the Israeli soldiers’ continuing violent response to unarmed demonstrators, and which had caused the death of Bassem Abu Rahme, Mr. Abu Rahmah’s cousin.

Israel charged, that Abdallah intended to use the no longer viable canisters as weapons. They arrested him, charging him as a security risk! This illustrates that the Israeli Defense Forces are far more afraid of unarmed protest than of armed resistance, and showing that they view Palestinians asserting their democratic rights as a crime. He was convicted on the ridiculous charges of “organizing illegal marches” and “incitement” after a unfair trial, and is now facing years in prison.

We who draw inspiration from his actions cannot let this happen. Now is the time to raise our voices and ensure Abdallah Abu Rahmah is free to organize and advocate for the rights of his community. We stand with Abdallah.

Israel needs to realize that leaders like Abdallah offer the best hope for a just peace for Israelis and Palestinains alike. We need to tell our governments to use their influence with Israel to free Abdallah Abu Rahmah.

French human rights activist arrested at West Bank protest

26 September 2010 | ISM Media

Beit Ummar, West Bank

French activist Bruno de Ginestet-Puivert, 21, was arrested by Israeli authorities on Saturday 25 September demonstrating alongside Palestinians in the West Bank town of Beit Ummar, near Hebron. He is believed to be charged with assaulting an officer, though witnesses say this allegation is completely baseless.

The regular weekly demonstration protests against the Israeli occupation, and against the theft of Beit Ummar’s land by the illegal Israeli settlement of Karmei Tzur in particular. This Saturday the march also demonstrated against Rami Levy, an Israeli supermarket chain selling settlement produce, and commemorated the twenty-eighth anniversary of the massacre in the Sabra and Shatila Palestinian refugee camps in Beirut. Activists showed solidarity with the people of Silwan, the East Jerusalem neighbourhood where a man was shot dead by a settler security guard on Wednesday, and with Palestinian political prisoners – in particular 17-year-old Beit Ummar resident Yousef Abu Maria who has a serious medical condition.

The demonstration was attended by around 60 Palestinians accompanied by 15 international and Israeli activists. Setting off at 1 p.m., the march proceeded through the Palestinians’ land in the direction of the illegal settlement, where their path was blocked by Israeli soldiers who put a rope across the path and threatened to arrest anyone who crossed it. Some youths were not deterred and crossed the rope, at which point the soldiers fired tear gas and stun grenades at all of the protesters. Several tear gas canisters were fired directly at the demonstrators, in defiance of the Israeli army’s own regulations.

The protesters burned cardboard boxes representing settlement produce in the path leading towards Karmei Tzur. The soldiers attempted to arrest one Palestinian campaigner but international activists managed successfully to shield him. He was beaten badly enough to lose consciousness. It was at this point that de Ginestet-Puivert was arrested. An Associated Press photographer was also detained but released before the demonstration ended.

De Ginestet-Puivert is currently in the custody of the Israeli authorities and is expected to be tried in a Jerusalem magistrates’ court on Sunday. Earlier in the summer a Swedish man and a British man were similarly accused by Israeli authorities of hitting soldiers at demonstrations; in both cases eyewitness reports contradicted the Israeli army’s allegations.

Military Prosecution Demands More Than Two Years Imprisonment for Bil’in’s Abdallah Abu Rahmah

16 September 2010 | Popular Struggle Coordination Committee

Abdallah Abu Rhamah at court yesterday. Picture credit: Oren Ziv/Active Stills*

The sentencing phase in the trial of Abdallah Abu Rahmah, the coordinator of the Bil’in Popular Committee Against the Wall and Settlements, began yesterday at the Ofer Military Court. Abu Rahmah was convicted of organizing illegal marches and of incitement last month, but cleared of the violence charges he was indicted for – stone-throwing and a vindictive arms-possession charge for collecting used tear-gas projectiles and displaying them.

The prosecution demanded Abu Rahmah will be sent to prison for a period exceeding two years, saying that as an organizer, a harsh sentence is required to serve as a deterrence not only for Abu Rahmah himself, but to others who may follow in his footsteps as well. This statement by the prosecution affirms the political motivation behind the indictment, and the concern raised by EU foreign policy chief, Catherine Ashton, that “the possible imprisonment of Mr Abu Rahma is intended to prevent him and other Palestinians from exercising their legitimate right to protest against the existence of the separation barriers in a non violent manner.”

Another argument made by the prosecution in their demand of a harsh sentence, were the repercussions and expenses caused to the army by anti-Wall demonstrations. These which were presented in detail in a report by what the prosecution called an “expert witness”, who, in fact, is the Army’s Binyamin Brigade’s operations officer, Major Igor Mussayev.

The document includes many factual errors, such as mentioning seven Palestinian fatalities in Bil’in and Ni’ilin demonstrations, while in fact there were only six. In a ridiculous attempt to show that the military has no superiority over demonstrators, the “expert opinion” also claims that the effective range of rubber-coated bullets or 0.22″-caliber live ammunition is significantly lower than that of a slingshot. The report, in fact, claims that the effective range of a rubber-coated bullet is 50 meters – the minimal range of use according to army open fire regulations.

During the hearing, Major Mussayev claimed that all the weapons mentioned in the document are non-lethal crowd control measures. When asked specifically about the 0.22″ caliber bullets, which were explicitly classified as live ammunition by the military’s Judge Advocate General and banned for crowd control use, he replied that they too are crowd control measures. Such a reply from the officer in charge of operations in the brigade that deals with most West Bank demonstrations points to the army’s policy of negligent use of arms in the attempt to quash the Palestinian popular struggle.

The highly biased document presented to the court also detailed the expenses on ammunition shot at demonstrators (almost 6.5 million NIS between August 2008 to December 2009). It also mentioned the costs of erecting a concrete wall in Ni’ilin in order to prevent damage to the barrier (8.5 million NIS), but failed to mention the costs of rerouting the Wall in Bil’in due to the original path’s illegality, or the fact that even now, three years after the Supreme Court decision to reroute the Wall, it is still standing on its original path.

The hearing, which lasted more than three hours, saw a court-room packed with diplomats, representatives of international and Israeli human rights organizations, as well as friends and family members.

For the hearing’s protocol (in Hebrew) see here.