Israel declares the shooting of American activist, Tristan Anderson to be an “act of war”

For Immediate Release

18 August 2009: Israel declares the shooting of American activist, Tristan Anderson to be an “act of war.”

Tristan Anderson, an American national, was critically injured on 13 March 2009 when he was shot with a high velocity tear-gas projectile during an unarmed demonstration against the Wall in the West Bank village of Ni’lin (report and video: https://palsolidarity.org/2009/03/5324).

The Israeli Ministry of Defense has notified the Anderson family’s lawyers that Israel perceives the incident on 13 March 2009 as an “act of war.” This classification was made despite the fact that Anderson’s shooting occurred during a civilian demonstration and there were no armed hostilities during the event or surrounding it.

The consequence of such classification is that according to Israeli law, the state of Israel is not liable for any damage its’ forces have caused.

Israeli police have completed their criminal investigation and passed the file to the district attorney of the Central District of the Israeli prosecution offices. The Anderson’s criminal attorney, Michael Sfard, is awaiting their decision.

According to Michael Sfard,

If a process by which unarmed civilian demonstration is classified by Israel as an ‘act of war,’ then clearly Israel admits that it is at war with civilians. International law identifies the incident as a clear case of human rights abuse. As such, Tristan and his family are undoubtedly entitled to justice and compensation. We will pursue this matter and take the government of Israel to court.

In addition to filing a criminal complaint against the State of Israel for the shooting of their son, the Andersons have submitted a notice of intent to file a civil suit.

Leah Tsemel, the civil suit attorney, stated,

This is another occasion where the Israeli government is alluding responsibility. The demonstrations that take place in Ni’lin and Bil’in are not acts of war. We will pursue, in Israeli courts and international courts if necessary, justice for the Anderson family.

Tristan Anderson was critically injured on 13 March 2009 when he was shot with a high-velocity tear gas projectile by Israeli forces. He was taken to Tel Hashomer hospital near Tel Aviv and to date remains in the hospital facilities. Tristan suffered multiple condensed fractures as a result of being hit in the right frontal lobe. He has had several life-saving surgeries and his prospects for recovery are unclear. On 10 August 2009, Tristan underwent another surgery to reattach the top part of his skull, which was removed in order to save his life immediately after his shooting five months ago.

Several eye-witnesses have given testimony that Tristan was shot when he could not have been perceived as any threat to the forces in the area. He was shot from around 60 meters while standing with a few internationals and Palestinians, hours after the demonstration had dispersed from the construction site of the Wall.

“We are horrified and overwhelmed,” said Nancy Anderson during a press conference on 23 March 2009. “We are scared and really still in shock. To shoot peaceful demonstrators is really horrifying to us. What we want to ask is that the Israeli government publicly take full responsibility for the shooting of our son.” (audio of press conference held by the Andersons: http://www.alternativenews.org/news-from-within:-palestine/israel-podcasts/1854-news-from-within-podcast-press-conference-of-the-parents-of-american-activist-tristan-anderson-who-was-critically-injured-by-israeli-military.html)

Israeli forces have been systematically shooting tear-gas projectiles directly at demonstrators during protests at the West Bank Wall.

After Anderson’s shooting, the Israeli human rights organization B’Tselem requested the Judge Advocate General, Brig. Gen. Avichai Mandelblit, to immediately clarify to security forces that it is absolutely forbidden to directly aim tear-gas canisters, including extended-range type canisters, at demonstrators in the West Bank. B’Tselem also provided extensive video footage of demonstrations in Ni’lin, Bi’lin, and Jayyus showing repeated firing of tear-gas grenades directly at demonstrators, proving that, contrary to the army’s contentions, Israeli forces in the West Bank have commonly practiced this unlawful act. (report & video: http://www.btselem.org/English/Firearms/20090318_Firing_of_Tear_Gaz_at_Demonstrators.asp).

Following the killing of a Palestinian demonstrator in Bil’in, Basem Abu Rahme, by Israeli forces on 17 April 2009 with a high velocity tear gas projectile (report and video: https://palsolidarity.org/2009/04/6185), B’Tselem again demanded that the army enforce its Open-Fire Regulations and investigate the incidents (http://www.btselem.org/English/Firearms/20090422_Firing_Tear_Gaz_Canisters_directly_on_People.asp).

On 5 May 2009, Yehoshua Lemberger, deputy state attorney for criminal affairs of the Justice Ministry, asked the police to review the guidelines for dispersing protesters based on Rahme’s death and the police investigations of four additional incidents that occurred in Nil’in, including the shooting of Tristan Anderson (http://www.jpost.com/servlet/Satellite?cid=1239710864477&pagename=JPost%2FJPArticle%2FShowFull).

Gaza fishermen demonstrate at UN in protest of Israeli attacks on their livelihoods

PNN | Fishing Under Fire

14 August 2009

Fishermen in the Gaza Strip are the frequent targets of Israeli forces. Israeli naval ships sometimes open fire, or board boats, arrest the fishermen, even confiscate nets and the boats themselves.

Today in Gaza, Palestinian fishermen are demonstrating against the Israeli policies that are destroying their livelihood. The Palestinian fishing industry has lost millions in revenue since the siege began three years ago, that has led to a ban on exports of fish, imports of equipment, and an increase in attacks by the Israelis.

During the three-weeks of major Israeli attacks in late December and January the losses to the agriculture and fishing sector, for which statistics are combined, were 311,000 USD in those three weeks alone. The head of the Fishermen’s Association, Nizar Ayash, reported as long ago as March of 2007 that losses incurred in the fishing sector due to Israeli practices amounted to 16 million dollars. There are approximately 3,000 Palestinians engaged in the fishing trade, which translates into 40,000 people living on that income.

Palestinian Legislative Council member and Chairman of the People’s Committee against the Blockade, Jamal Al Khudari, said today that Palestinian fishermen are maintaining their profession and their right to fish in the Sea of Gaza, despite the intense Israeli attacks. Under Article 11 of the Israeli-Palestinian Protocol, it is stipulated that Palestinian fishing boats have the right to go out 20 nautical miles from the coast in a specific region. The number has been reduced by the Israelis several times and is now down to three miles, yet still some fishermen on the shores face fire.

During a march on the United Nations headquarters in Gaza City, Al Khudari reiterated what a serious threat the fishermen and their families are under.

He said that by reducing the area allowed for Palestinian fishing in Gaza territorial waters from 15 to just three nautical miles, the occupying forces are contradicting signed agreements.

A call was issued to the international community to pressure the Israelis to abide international law and agreements, and to stop the harassment of the Palestinian fishing trade.

Morality’s chief of staff

Gideon Levy | Ha’aretz

16 August 2009

Lt. Gen. Gabi Ashkenazi is a moral and ethical paragon who stands atop an organization that is no less moral or ethical. Last week, he broke his silence and proved his acute sensitivity to matters of conscience: “We have not one gram of tolerance,” the chief of staff said in a loud and clear voice, referring to those who had hazed soldiers. “We ought to view this incident as a reminder of the high ethical threshold expected of us,” he said in a clear and crisp voice, referring to the affair involving Brig. Gen. Imad Fares.

However, on the same day the chief of staff – who brags of his “high ethical threshold” – made his statements, a report commissioned by U.S.-based Human Rights Watch was made public. It stated that during Operation Cast Lead, the Israel Defense Forces killed 11 civilians, including five women and four children, who were carrying white flags, an act that has been characterized as a war crime. This should have been far more shocking, but we did not hear one word about it from the chief of staff. For this, he had kilograms of tolerance.

The IDF under Ashkenazi, who demanded that the army “scour with a steel comb every platoon and squad” in response to the hazing incident, did not investigate the killing of white-flag bearers. All of a sudden the IDF – whose spokesman, Brig. Gen. Avi Benayahu, launched a disgraceful delegitimization campaign against the rights group Breaking the Silence for daring to take shocking testimonials from soldiers – is backing an investigation of every tent. “We ought to encourage revelations,” the fearlessly investigating chief of staff said of those hectoring soldiers, as the IDF stifles any possibility of revealing suspicions of war crimes.

If only our camp were clean, clean of those who abuse soldiers, purged of the minor liars. Allowing a child to drive an IDF-issued all-terrain vehicle? Forbidden. Killing children carrying white flags? Allowed. Lying about allowing your wife to drive an army-issued car? Forbidden. Killing women? Allowed. Administrative minutiae – a wife driving her husband’s car, a son driving an ATV and the hazing of fresh recruits – are grave matters. Mistakenly killing civilians is permitted. This is the message.

If abusing soldiers is forbidden and abusing Palestinians is permitted, we are talking about two sets of morals. The result is a double standard and dehumanization. When Ashkenazi says, “As officers we are measured in our ability to serve as a worthy personal example,” he is referring to trifling matters, like the Fares farce (and now we can add to this the grotesque case of the stolen credit card). He is not referring to ethical issues or problems of conscience. The extreme care given to such trivial matters is a wonderful fig leaf for the IDF because it allows it to prove “morality” and whitewash all allegations of war crimes.

Fares, like Brig. Gen. Moshe (Chico) Tamir before him, committed minor sins. Tamir, he of the ATV, was involved in far more grievous actions, including the errant killing of civilians in Jenin and Gaza, acts for which nobody thought to demote him. When the IDF responds with such force against two accomplished officers – boy, are they ever accomplished; all our combat officers are automatically labeled with this tag – it tries to blur their real crimes and those of their colleagues.

The IDF Spokesman’s Office occasionally issues official statements that do not always jibe with the truth, though for this we will forgive. Maj. Avital Leibovich, an IDF spokeswoman, told Al Jazeera in English on Thursday that the IDF does not fire on children. Then how did hundreds of children die during Operation Cast Lead? Was it an act of providence? Nobody objected to her deceitful propaganda. But when Fares lies on the fateful question of who drove his car, his fate is sealed. We have yet to see an officer whose service was terminated due to the errant killing of Palestinians in Gaza, but when it comes to lying to a car-leasing company, that’s another matter. These are the standards by which morals are judged in the most moral army in the world. No other organization in Israel speaks so often about “morals” while committing so many flagrantly amoral acts.

The previous chief of staff, Dan Halutz, was tainted by his “light shudder on the wing” comment when asked what he felt after he dropped a bomb. And he was only referring to one bomb. He claimed that he was misunderstood. Ashkenazi is made of Teflon; nothing sticks to him, not even after the unbridled assault on Gaza and the mass killing of civilians with countless bombs. Now he can also be thought of as a sensitive chief of staff whose like we have not seen when it comes to morality. Oh, how shocked he was to hear of the wet towels that were hurled at soldiers’ backs.

Palestinians protest razing of homes

Sharon Roffe-Ofir | YNet News

15 August 2009

A few hundred people gathered Saturday outside of Umm al-Fahm in order to protest the destruction of homes in Arab areas. Protestors blocked Highway 65 for a few minutes and then held a rally near a commercial center torn down a few weeks ago.

High Arab Monitoring Committee Chairman Mohammad Zeidan said during the rally that “you can’t throw a person into the sea and then tell him not to get wet; this is deliberate government policy”.

He added, “We cannot accept the fact that another 40,000 homes are still in danger of being destroyed.”

After the Arab town’s commercial center was destroyed the High Arab Monitoring Committee decided to hold a rally on the main road. However Northern District Police objected and the case was brought before the High Court of Justice, which ruled that the protestors would be permitted to cross the road.

Though police deployed 500 officers to the protest in anticipation of a riot, the events remained non-violent.

Umm al-Fahm councilman Raja Agbariyeh organized the rally. “We are protesting the destruction of homes,” he said. “For the 61 years Israel has existed it has refused to approve construction and development plans on one hand, and on the other continues to destroy homes. We will not agree to such a situation.”

After the rally, Zeidan told Ynet he intended to send a memo to Interior Minister Eli Yishai in which he would request the freezing of destruction orders and the legitimization of construction plans.

International activists beaten, arrested attempting to accompany farmers in Saffa

Palestine Solidarity Project

15 August 2009

Today, at 8 am, international activists with the Palestine Solidarity Project and International Solidarity Movement, along with Palestinian members of PSP, accompanied the family of Abu Jabber Soleiby to plow their land in Saffa, near the illegal Israeli settlement Bat ’Ayin. The family has been confronted with ongoing harrasment by the Israeli Military and violent attacks by settlers from Bat ’Ayin. Today, the group of over 20 people was stopped by dozens of Israeli soldiers and Border Police near the edge of the Saffa built-up area. Initially, the military insisted that the farmers needed permits, and then IDs, to enter their privately-owned agricultural land. The Soleiby family has rejected all attempts by the Israeli military to force them to engage in a process of asking permission from the Occupation Forces to enter their own land, and refused to show ID, insisting on their natural right to go to their land, well within Palestinian territory, freely. The military also forbade the entrance of the international activists to the valley, and eventually presented a closed military zone area order. One youth, carrying a Palestinian flag, was violently pushed several times by the Israeli forces.

The group then backed up to what was clearly indicated as the edge of the closed military zone and continued their negotiations with the soldiers to at least allow the farmers into the valley to their land. When the military insisted on seeing IDs, the young children and grandchildren of Abu Jabber, who do not yet carry IDs, asked to enter on their own. The Israeli Forces insisted that they must present their birth certificates in order to access the land. After a short time of negotiating, the military illegal declared, without accompanying paperwork, the entire Saffa area a closed military zone, informing the internationals they had 10 minutes to leave the area. They also forced the media present to remove the batteries from their cameras, obviously preparing for a confrontation they did not want documented. They immediately began violently pushing the group with wooden batons further away from the agricultural area. The Palestinians decided to leave the area, and most of the group began leaving when border police began attacking the back of the group. During a short scuffle, two international women, one from Denmark and one from Germany, were arrested. A third international woman, also from Denmark, was struck on the forehead with a baton as she tried to help the other two detained activists, leaving a significant welt on her head.

The group decided the leave the area, with the farmers committed to returning another time to continue the work on their land without asking for permission.