IDF still using banned weapon against civilian protestors

Chaim Levinson | Ha’aretz

19 September 2010

The Israel Defense Forces continues using the Ruger 10/22 rifle to disperse protests even though it has been prohibited by the military advocate general, a hearing at a military court revealed last week. A brigade’s former operations officer told the court he wasn’t even aware of the prohibition.

Last Wednesday, the Judea Military Court convened for the sentencing hearing of protest organizer Abdullah Abu-Rahma from Bil’in, convicted last month of incitement and organizing illegal demonstrations. The state submitted an expert opinion by Maj. Igor Moiseev, who served as the Binyamin Brigade’s operations officer for two years.

The opinion details the cost of ammunition fired in Bil’in and Nial’in from August 2008 to December 2009; it notes that the army used Ruger bullets that cost a total of NIS 1.3 million. Moiseev described the Ruger as a nonlethal weapon.

When Abu-Rahma’s attorney Gabi Laski inquired if Moiseev knew that the military advocate general had ruled that Ruger rifles are not to be used to disperse protests because they are potentially lethal, Moiseev said he was not aware of such an instruction. The state objected to the question.

In 2001, the military advocate general at the time, Maj. Gen. (res. ) Menachem Finkelstein, prohibited the use of Ruger bullets as nonlethal ammunition.

Nevertheless, the IDF reverted to using the Ruger against protesters in 2009, killing a teenager in Hebron in February and a protester in Nial’in in June. Human rights group B’Tselem asked the military advocate general to make clear that the weapon was not meant for crowd control.

In July, Brig. Gen. Avichai Mendelblit wrote that “the Ruger is not defined by the IDF as a means for riot control. The rules for using these means in Judea and Samaria are strict and parallel to the rules of engagement for live fire. If the media or organizations were told anything else regarding the definition, this was an error or misunderstanding.”

He wrote that “recently, the rules were stressed once again to the relevant operations officers in Central Command. The command in fact expects to hold a review headed by a senior commander, examining the lessons drawn from using such means in recent months.”

The IDF Spokesman’s Office said in a statement yesterday that rules for firing 0.22 ammunition are part of the general rules of engagement, “and as such are classified and naturally cannot be elaborated on. In general, it can be noted that the rules applying to 0.22 ammunition are strict and are parallel, in general, to rules applying to ordinary live ammunition.

“The operations officer’s testimony was given at a sentencing hearing of someone convicted of incitement and organizing and participating in violent riots in the village of Bil’in. The quote used is partial and does not reflect all comments by the officer on the means used by the IDF to disperse such riots. The IDF takes care to act in accordance with the rules of engagement.”

Bil’in’s Abdallah Abu Rahmah’s trial to enter sentencing phase on Wednesday

13 September 2010 | Popular Struggle

The trial of Bil’in protest organizer, Abdallah Abu Rahmah will renew this Wednesday, after his conviction of incitement and organizing illegal demonstrations was harshly criticized by the EU, the Spanish Parliament and human rights organizations.

What: Beginning of sentencing phase in Abdallah Abu Rahmah’s trial
Where: Ofer Military Court
When: 10:00 AM, Wednesday, September 15th, 2010.

Photo: Oren Ziv / Active Stills

Abdallah Abu Rahmah’s trial will resume on Wednesday, as it will enter the sentencing phase, in which the prosecution will argue its case for an acrid sentencing, and is expected to ask for a sentence exceeding two years imprisonment. The defense will argue Abu Rahmah had already been devoid of his freedom for too long, and should be released immediately.

Abu Rahmah, the coordinator of the Bil’in Popular Committee Against the Wall and Settlements, was arrested last year by soldiers who raided his home at the middle of the night and was subsequently indicted before an Israeli military court on unsubstantiated charges that included stone-throwing and arms possession. Abu Rahmah was cleared of both the stone-throwing and arms possession charges, but convicted of organizing illegal demonstrations and incitement. 9 months after his arrest, Abu Rahmah is still kept on remand.

An exemplary case of mal-use of the Israeli military legal system in the West Bank for the purpose of silencing of legitimate political dissent, Abu Rahmah’s conviction was subject to harsh international criticism. The EU foreign policy chief, Catherine Ashton, expressed her deep concern “that the possible imprisonment of Mr Abu Rahma is intended to prevent him and other Palestinians from exercising their legitimate right to protest[…]”, after EU diplomats attended all hearings in Abu Rahmah’s case. Ashton’s statement was followed by one from the Spanish Parliament.

Renowned South African human right activist, Archbishop Desmond Tutu, called on Israel to overturn Abu Rahmah’s conviction on behalf of the Elders, a group of international public figures noted as elder statesmen, peace activists, and human rights advocates, brought together by Nelson Mandela. Members of the Elders, including Tutu, have met with Abu Rahmah on their visit to Bil’in prior to his arrest.

International human rights organizations Amnesty International condemned Abu Rahmah’s conviction as an assault on the right to freedom of expression. Human Rights Watch denounced the conviction, pronouncing the whole process “an unfair trial”.

Legal Background

Abu Rahmah, the coordinator of the Bil’in Popular Committee Against the Wall and Settlements, was acquitted of two out of the four charges brought against him in the indictment – stone-throwing and a ridiculous and vindictive arms possession charge. According to the indictment, Abu Rahmah collected used tear-gas projectiles and bullet cases shot at demonstrators, with the intention of exhibiting them to show the violence used against demonstrators. This absurd charge is a clear example of how eager the military prosecution is to use legal procedures as a tool to silence and smear unarmed dissent.

The court did, however, find Abu Rahmah guilty of two of the most draconian anti-free speech articles in military legislation: incitement, and organizing and participating in illegal demonstrations. It did so based only on testimonies of minors who were arrested in the middle of the night and denied their right to legal counsel, and despite acknowledging significant ills in their questioning.

The court was also undeterred by the fact that the prosecution failed to provide any concrete evidence implicating Abu Rahmah in any way, despite the fact that all demonstrations in Bil’in are systematically filmed by the army.

Under military law, incitement is defined as “The attempt, verbally or otherwise, to influence public opinion in the Area in a way that may disturb the public peace or public order” (section 7(a) of the Order Concerning Prohibition of Activities of Incitement and Hostile Propaganda (no.101), 1967), and carries a 10 years maximal sentence.

Beginning of sentencing phase in Abdallah Abu Rahmah’s trial

Demonstrations against the illegal wall on the first day of Eid ul-Fitr

12 September 2010 | ISM Media

The weekend of 10-11th September saw the start of Eid ul-Fitr, which ends the fasting observed during the holy month of Ramadan in the Muslim religion. Three villages around Ramallah – Bil’in, Ni’lin and An Nabi Saleh – held protests on Friday 10th September despite it being the first day of Eid.

Bil’in

This week’s demonstration against the illegal separation wall and its route through the village was yet again met with violence from the Israeli military. Despite it being the first day of Eid ul-Fitr, approximately 30 Palestinians, and 20 to 25 Israeli and International activists took part in the protest.

The demonstrations have been taking place on a weekly basis since March 2005, and consistently creative themes have drawn international attention to the village and to Palestinian non-violent resistance. This week’s theme drew attention to the multitude of unfounded arrests of Palestinians involved in the popular struggle against Israeli occupation. It focused on Abdallah Abu Rahmah’s case but called for the release of all those incarcerated as a consequence of their involvement in the resistance movement.

Regardless of the non-violent nature of the demonstration, soldiers fired tear gas directly at protestors for several hours. Many suffered from severe tear gas inhalation but none received serious injuries and no arrests were made.

The wall began being built through the village in 2005, was completed in 2007, and remains despite the 2004 International Court of Justice declaration of its illegality and even Israel’s High Court ruling in favour of the Bil’in villagers in 2007. The protests contest the building of the separation wall and its theft of 230 hectares of Bil’in’s land.


Ni’lin

About 12 Palestinans were supported by around ten Israeli and international activists on Friday in a march towards the Apartheid wall that cuts the village off from much of its land.

Flying the flag in Bil'in - Photo: Iyas Abu Rahma

Despite the fact that the beginning of the Eid ul-Fitr holiday had meant fewer protestors joined in the march, spirits were high and the determination of the people of Ni’lin was as strong as always. The group was met by a handful of soldiers on the opposite side of the wall, where one of the Palestinian leaders of the demonstration was able to confront the soldiers, speaking to them in Hebrew. The demonstrators were told that the area was a closed military zone, but no documentation was produced to prove this statement. After about 20 minutes and a few more threats of dispersal, the demonstrators chose to turn back to the village. The soldiers could be seen preparing tear gas to use on the group, but none was fired.

The people of Ni’lin village continued their struggle this Friday – despite the advanced stage of Ramadan – and have been doing through weekly protests since May 2008. In attempting to crush and deter peaceful protests against the wall Israeli soldiers have killed 20 Palestinians since Februrary 2004 including 5 from Ni’lin village, where an American solidarity activist was also critically injured. The illegal settlement of Mod’in Illit is one of the biggest in the area and is in the process of expanding and constantly attempting to annex Palestinian land to this end.


An Nabi Saleh

This week, the area had not been declared a closed military zone, and jeeps were not blocking the main entrance road to the village. The demo started around 20 minutes late, with a group of just under 20 Palestinians (as always including many children) and around 15 internationals.

Once the group arrived, the soldiers moved from their position in front of the gate at the edge of the village to standing behind it. They tried a few times to get the leader of the protest to leave, but he stood his ground, as children banged rocks on the metal gate and adults clapped along to the rhythm. After a few minutes at the gate, it was announced that it was traditional for the village to organise trips to those families who had members in prison, so the crowd turned round and headed back into the village.

Children waving Palestine flags in An Nabi Saleh

Today and every Friday since January 2010, un-armed demonstrators leave the village center in an attempt to reach a spring which borders land confiscated by Israeli settlers. The District Coordination Office has confirmed the spring is on Palestinian land, but nearly a kilometer before reaching the spring, the demonstration is routinely met with dozens of soldiers armed with M16 assault rifles, tear gas, rubber-coated steel bullets and percussion grenades.

The demonstrations protest Israel’s apartheid, which has manifested itself in An Nabi Saleh through land confiscation. The illegal Halamish (Neve Zuf) settlement, located opposite An Nabi Saleh, has illegally seized nearly of half of the village’s valuable agricultural land.

A ghost town beckons? Old City in Hebron under threat

10 September 2010 | ISM Media

During the month of Ramadan the Israeli army used various tactics to repress protest and intimidate the population of the Old City in Hebron, which illegal Israeli settlers are seeking to ethnically cleanse

When, on August 10th 2010, the Israeli Army invaded the Old City in Hebron and closed off three Palestinian owned shops located in Bab al-Balladyeh opposite the gate leading to Shuhada Street, the situation in Hebron took a turn for the worse. The shopkeepers received warning a few hours before and were told to empty their shops because they were going to be closed. The action itself involved of a high level of violence and the arrest of five people, four Palestinians and one English citizen, who tried to prevent the army from closing the shops.

The few surviving shops in the Old City receive few customers due to restrictions placed on movement by the Israeli authorities

After this incident the Israeli Army told the Palestinian Authorities that if the weekly demonstrations do not stop, all the shops in the Old City will be closed. This clearly is part of a strategy to split the shopkeepers from the demonstration by aiming to spread fear among the shopkeepers so that the weekly demonstrations – that have been going on since April 2010 – will be forced to end.

Over the last months Hebron has seen an increased level of army violence in response to the non-violent protests, which are calling for the opening of Shuhada Street. The process of closing off Shuhada Street for Palestinians started in 1994 after Baruch Goldstein massacred 29 Muslim worshippers. The street is used by Israel to connect the illegal settlement of Kyriat Arba to other illegal settlements inside Hebron. The street that used to be a bustling area of shops and markets now consists of sealed-up shops and army checkpoints preventing Palestinians from entering. The entire Old City is now threatened with the same fate.

The demonstrations are used as an excuse, rather than a reason, for closing off another part of Hebron so it can be given to Israeli settlers. It is important to note that every Saturday evening Israeli settler tourists are escorted in to the Old City, guarded by heavily armed soldiers, and participate in a Zionist walking tour which makes claims about the Old City’s Jewish character and exhorts Jews to ‘reoccupy’.

A shopkeeper who was forced out of the Old City

The shops that were closed on August 10th were used by a salesman that used to be a street vendor before the PA conducted a campaign against salesmen on the street. At that time he was offered to use these shops in the Old City, and has been there for one and a half years. When the Israeli police turned up to close the shops, they referred to a closing order eighteen months ago, but no one has actually seen this document. It is also suspected that this closing is happening at a time when the army is desperate to end the non-violent demonstrations in Hebron; it is obvious that this is part of a collective punishment and an attempt to suppress freedom of speech.

In addition to the threat of closing shops in the Old City, the army is attempting to shut down the non-violent resistance in Hebron by means of financial pressure. Every time a Palestinian is arrested, either in the demonstration or in other non-violent actions against the occupation, they risk spending weeks and months in prison unless a bail is paid. The bail money varies from 1500 to 5000 NIS, and needless to say, this causes serious financial problems for the families involved.

The army has also taken severe actions against international activists who have been taking part in the demonstrations. Violent repression of peaceful protests has worsened in recent weeks – for example the unprovoked brutality of the Israeli army at the mid-August protest documented in the video below.

Arbitrary arrests of international activists have been followed by legal persecution. Court cases based on fabricated charges without any evidence whatsoever presented to the judge, except a soldier’s false accusation, have led to dire consequences for innocent peace activists including bans, big fines and even deportation.

Israel claims that the demonstrations in the Old City are illegal, citing the so-called Military Order 101 from 1967, which essentially puts activists at risk of being jailed for up to 9 years for arranging demonstrations and opposing Israel’s occupation. The justification given is, as always, “security reasons”.

Entrance to the Old City: sealed up shops visibe in the background

It is therefore legitimate to ask who is really living under threat in Hebron, and who has been responsible for violent actions in the years past? The demonstration and actions taken by the Palestinians are overwhelmingly nonviolent, while the army responds with brutal violence. Settlers attack Palestinians on a frequent basis, and the Israeli army does nothing to protect them.  However the fact that Palestinians are daily terrorized by both soldiers and settlers is rarely reported in mainstream media, whereas the rare instances of Palestinian violence are grossly over-reported in comparison.

The weekly demonstrations during Ramadan have aimed at supporting the shopkeepers. They focused on working against Israeli army propaganda which tries to suggest to people that it is the demonstrations that are harming the shopkeepers – rather than the occupation itself.

Spanish Parliament condemns Abdallah Abu Rahmah’s conviction

8 September 2010 | Popular Struggle

The Spanish Parliament followed the footsteps of the EU and the Desmond Tutu of the Elders, and joined the rising tide of international criticism over Abu Rahmah’s conviction of incitement by an Israeli military court.

The Spanish Parliament’s Intergroup for Palestine issued a statement that expressed their “deep concern that Abdallah Abu Rahmah’s potential incarceration aims at preventing him and other Palestinians from exercising their legitimate right to protest against the existence of the Wall in a non violent manner.” (full text of the statement is available below or here in the Spnish original)

Photo: Oren Ziv / Active Stills

The Intergroup for Palestine is an official body of the Spanish Parliament, in which all political parties represented. Its decisions and statements are achieved in full consensus

The Intergroup’s is the latest international reaction to the politically motivated conviction of Abdallah Abu Rahmah by an Israeli military court. It was preceded by a statement by EU foreign policy chief, Baroness Catherine Ashton and by a statement by Desmond Tutu, on behalf of the Elders calling on Israel to overturn the conviction.

Abu Rahmah’s trial will resume next Wednesday, the 15th of September, as it will enter the sentencing phase. The prosecution will argue its case for an acrid sentencing, and are expected to ask for a sentence exceeding two years. The defense will argue Abu Rahmah had already been devoid of his freedom for too long, and should be released immediately.

Background
Abu Rahmah, the coordinator of the Bil’in Popular Committee Against the Wall and Settlements, was acquitted of two out of the four charges brought against him in the indictment – stone-throwing and a ridiculous and vindictive arms possession charge. According to the indictment, Abu Rahmah collected used tear-gas projectiles and bullet cases shot at demonstrators, with the intention of exhibiting them to show the violence used against demonstrators.  This absurd charge is a clear example of how eager the military prosecution is to use legal procedures as a tool to silence and smear unarmed dissent.

The court did, however, find Abu Rahmah guilty of two of the most draconian anti-free speech articles in military legislation: incitement, and organizing and participating in illegal demonstrations. It did so based only on testimonies of minors who were arrested in the middle of the night and denied their right to legal counsel, and despite acknowledging significant ills in their questioning.

The court was also undeterred by the fact that the prosecution failed to provide any concrete evidence implicating Abu Rahmah in any way, despite the fact that all demonstrations in Bil’in are systematically filmed by the army.

Under military law, incitement is defined as “The attempt, verbally or otherwise, to influence public opinion in the Area in a way that may disturb the public peace or public order” (section 7(a) of the Order Concerning Prohibition of Activities of Incitement and Hostile Propaganda (no.101), 1967), and carries a 10 years maximal sentence.

STATEMENT FROM THE PARLIAMENTARY INTERGROUP FOR PALESTINE ABOUT ABDALLAH ABU RAHMAH’S CONVICTION

On August 24, 2010, the coordinator of the Bil’in Popular Committee (West Bank), Abdallah Abu Rahmah, was convicted of incitement and of participating in and organizing demonstrations by an Israeli Military Court.

This sentence comes after an eight months trial, during which the defendant has been bereft of freedom.

He is now awaiting his sentence, which could carry several years n prison.

The Parliamentary Intergroup for Palestine considers the Bil’in peaceful struggle against the construction of the Separation Wall, which was declared illegal, as a defense of the primacy of law and international law in the face of arbitrary decisions, which ignore not only the reiterated resolutions of the United Nations’ political bodies, but also Israel’s own legal organization.

The peaceful opposition to the occupation and the construction of the Wall is in and of itself a defense of the individual and collective human rights of the Palestinian People, which deserves the protection of the international community.

It is on these grounds that Catherine Ashton, the High Representative of the European Union, has issued a statement on the issue on August 24, to which the Intergroup subscribes.

Therefore, we express our deep concern that Abdallah Abu Rahmah’s potential incarceration aims at preventing him and other Palestinians from exercising their legitimate right to protest against the existence of the Wall in a non violent manner.

Spanish Congress of Deputies Hall, August 30, 2010.


UPDATE, 10 Sept 2010:
Following a statement by Amnesty International, another prominent human rights group, Human Rights Watch have also condemned Abdallah’ conviction.