Guardian: Rachel Corrie case: Israeli soldier to testify anonymously

20 October 2010 | The Guardian

Rachel Corrie / Courtesy Rachel Corrie Foundation

The Israeli soldier at the controls of a bulldozer that crushed to death 23-year-old Rachel Corrie in Gaza in March 2003 is due to give evidence tomorrow in the civil lawsuit brought by the American activist’s family.

However the judge hearing the case in Haifa has ruled that, for security reasons, the soldier can testify anonymously from behind a screen, denying Cindy and Craig Corrie the opportunity to face the man who directly caused their daughter’s death.

Israel’s supreme court refused to hear an appeal by the family challenging the judge’s ruling. However, the unit commander in charge that day will testify in full view of the court as his identity is already known.

“I’ll be grateful at least to be able to hear [the bulldozer driver’s] words but I won’t get the complete picture and I’ll be disappointed by that,” Cindy Corrie said in an interview in Jerusalem last week.

“They’ve said it’s the security of the witnesses they are trying to protect. I can understand it would be uncomfortable for the soldiers to have to see us, but I can’t understand how our family is a threat to their security.”

Corrie, from Olympia, Washington state, was killed while attempting to protect the home of a Palestinian family in the Rafah area of Gaza from being demolished by Israeli troops seven and a half years ago. A posthumous book and play based on the graphic and moving emails she wrote to friends and family made her an iconic figure.

An internal Israeli military investigation, which was never published nor released to the US government or the Corries, concluded that the bulldozer driver had not seen Rachel and that no charges would be brought. The case was closed.

The family brought a civil case – “absolutely our last resort” – against the state of Israel, which opened in March this year and is expected to conclude early next year. Among the early witnesses was a fellow activist, Briton Richard Purssell, who described how Corrie disappeared from view under the advancing bulldozer.

The driver’s evidence will be a key moment in the case but the Corrie family has been careful not to invest too much in his evidence. “While the driver is very important, to me he is not the only person who has responsibility,” said Cindy Corrie. “Responsibility is shared with a lot of people. My focus isn’t entirely on the driver.”

Sarah Corrie Simpson, Rachel’s older sister, said: “Ultimately the individual had the ability to stop that act. However if you only hold responsible the individual, you’re losing the broader context of what’s going on. You have to look at the chain of command and what sort of orders were being given at that time.”

The family, while wanting an acceptable end to their battle for justice, was wary of the concept of closure. “It’s hard to conceive of that,” said Craig Corrie. “People talk about it, but it’s real hard to define what closure would be when you’ve lost a child, lost a little sister.”

Corrie Simpson said closure was difficult to define: “I’m not sure how you ever get to a place where you even feel close to that when you know there are people out there on the other end of what happened to Rachel, and you’ve never even been able to see their faces. Mum talks about being able to see the humanity of the person that was on the other end – and now the majority of soldiers will get to testify behind a screen, and that takes that away from us.”

At the very least, the family hoped their legal battle would shine a light on the Israeli Defence Force’s (IDF) investigative process.

Cindy Corrie said if the IDF were, as it claimed, the most moral army in the world, “they should be willing to look at a system that is much more transparent than what exists right now”.

Last month, a colonel responsible for writing operating manuals for military bulldozers, testified that there were no civilians in a war zone.

Cindy Corrie said: “It’s a window, hearing that coming from these people, a real window into the mindset – and it’s very, very concerning. And I think every Israeli should be really concerned.”

Bulldozer driver and ground commander to testify in Corrie trial

17 October 2010 | Rachel Corrie Foundation

The driver of the bulldozer that crushed to death Rachel Corrie in Rafah, Gaza, in March 2003, and the military commander in charge of the unit on the ground that day, are scheduled to testify on Thursday, October 21 in the civil lawsuit filed by Rachel’s family against the state of Israel for her unlawful killing.

Earlier this month, the court granted the State of Israel’s request that soldiers involved in the incident be permitted to testify behind a screen to protect their identity. Lawyers for the Corrie family appealed the decision to the Israeli Supreme Court, requesting that at a minimum the family be allowed to view the soldiers, but the court refused to hear the challenge.

Consequently, the bulldozer driver will testify behind a screen. However, because the unit commander on the ground that day, Captain R.S., gave an interview that was broadcast on Israeli television in 2003, and was thus already known to the public, the presiding judge ruled that he will testify in plain view. Although disclosed during the TV broadcast, his name still remains redacted in official court records.

A third witness scheduled, known only as S.L., was driving the second bulldozer in the unit near Palestinian homes in Rafah. He will also testify from behind a screen.

The court was to hold hearings in the case on October 17-18, but postponed due to a death in Judge Gershon’s family. Therefore, additional court dates are anticipated to be added to the court calendar.

The October 21 hearing will take place between the hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.

Please visit rachelcorriefoundation.org/trial for trial updates, changes to the court schedule and related information.

International aid convoy to Gaza due to sail Sunday

15 October 2010 | Palestine Solidarity Campaign

LONDON – October 15 – A ship loaded with vehicles and aid for Gaza is due to leave Syria for Egypt this Sunday, carrying members of Palestine Solidarity CampaignUK.

The ship will pass the exact place in international waters where Israel boarded the Mavi Marmara in May and killed nine Turkish humanitarians on board as they attempted to sail to Gaza to deliver aid.

Those on board the ship, including 40 survivors of the Mavi Marmara attack, will throw a wreath into the sea to commemorate those killed by Israeli troops.

They have come from more than 30 countries, in the first international aid convoy to attempt to reach Gaza since the attack on the Mavi Marmara nearly five months ago.

Amena Saleem, of the Palestine Solidarity Campaign UK (PSC), who will be sailing on the ship, said: ‘We will be sailing, completely unarmed, to Egypt from where we will drive 20 miles to Gaza to break the illegal siege imposed by Israel four years ago. We are all aware of the lethal force Israel used on the Mavi Marmara against international civilians on an aid mission, but we will not be deterred. We will never turn our backs on Gaza, despite all of Israel’s efforts to force us to do so.’

She added: ‘It is now time for the depth of our commitment to Palestine to be reflected by our governments – ordinary people are demanding an end to Israel’s illegal occupation of Gaza and the West Bank, and an end to the siege of Gaza. Governments, by applying international pressure, can make this happen and we call on them to listen to their people and do so immediately.’

Corrie family appeals decision allowing soldiers to testify behind screen

10 October 2010 | Rachel Corrie Foundation

For Immediate Release

Lawyers for the family of Rachel Corrie filed an appeal with the Israeli Supreme Court on Sunday, challenging a decision to allow soldiers to testify behind a screen in the lawsuit filed against the State of Israel for the unlawful killing of the American peace activist in Rafah, Gaza.

State attorneys made the highly unusual request in court on Thursday, October 7 arguing that they were necessary to protect the soldiers’ safety and prevent their images from being circulated. Haifa District Court Judge Oded Gershon granted the request, ruling that all but two soldiers, who were both already known to the public, would be permitted to provide their testimony hidden from public view.

Corrie attorneys opposed the motion, arguing that allowing the soldiers to testify behind a screen infringes upon the fundamental right to an open, fair and transparent trial. They argued that the government request was based on an overbroad security certificate issued by Defense Minister Ehud Barak in 2008, was not supported by concrete evidence to substantiate their concerns for the soldiers’ safety or security. The lawyers will also ask the Supreme Court to review Judge Gershon’s decision not to allow the family to see the witnesses even if the public could not.

Attorney Hussein Abu Hussein, who represents the Corrie family, stated:

“An open and transparent judicial process is the only way to guarantee a fair trial. There is no reason why these soldiers should testify behind a screen. The government’s request is a shameless attempt to add a cloud of secrecy to civil trial and shield the soldiers from the discomfort of telling the truth in an open court.”

Attorneys for the family requested urgent review of the appeal and decision made, prior to October 17, when testimony of the next soldier in the case is anticipated to resume.

Subsequent hearings are scheduled for October 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.

Gaza Olive harvest begins in the Beit Hanoun buffer zone while strawberry picker in Beit Lahiya is shot by Israeli Snipers

“This tree is blessed for us and our grandfathers and ancestors have taken care of this tree for generations.  I grew up with an olive tree in our back yard and it represents the peaceful life we had always lived on these lands. Now our olive groves are bulldozed and farm workers are shot at so we are here in solidarity with farmers whose lives are made impossible by the Israeli siege and occupation.”

This is how much it meant to Mohammed el Massry, a 20 year old student in Al Azhar University to enter a high risk area to help farmers begin the olive harvest and help maintain land that used to be the breadbasket of the Palestinian economy. In what turned out to be a beautiful day’s climbing, picking and bagging of black and green olives, Mohammed joined other members of the Beit Hanoun ‘Local Initiative’ group accompanied by 4 International Solidarity Movement activists to help farmer Abzel Al Baseony begin the Olive harvest 300 metres from the Erez border wall with Israel.

Beginning early on Tuesday morning, farm workers, Palestinian and international activists marched with flags, buckets, step ladders and hessian bags ready for a morning’s work picking olives, accompanied by the cameras of Arabic and international media. Around the unilaterally imposed Israeli buffer zone – a 300 metre wide belt of land along the Israeli border, farm workers have been picked off by snipers and shelling as a matter of course, often over a kilometer beyond the designated area. A month ago near to where we were picking the olives Grandfather Ibrahim Abu Sayed, his 17 year-old grandson and friend were mutilated and killed by Israeli tank shelling despite being twice as far from the border as we were.

Khalil Nasir, coordinator of the Local Initiative group sees farmers as the first line of resistance:  “We’re here today to offer some support for the farmers who have continued the resistance to the occupation everyday of their lives, not letting go of these lands so near to the Israeli wall. Last month three farm-workers were directly shelled, when all they were doing were tending to their sheep and animals. We thank them for the life they left behind and we want to give farmers along the border whatever support we can.”

Shootings of farmers and destruction of their land are not exceptions – the dangers of farming in the bufferzone were comprehensively documented in the recent United Nations and World Food Programme report: “Between the Fence and a Hard Place”. It concluded that the violence used to restrict Palestinians from accessing their land covers areas up to 1500m from the border fence, meaning that over 35% of Gaza’s most agricultural land is in a high risk area causing severe losses of food production and livelihoods.

This does not stop farmers and their families from continuing to plant and harvest there, their livelihoods and resistance far too important to prevent them from working their own land.  Nor are the regular demonstrations ceasing despite being confronted by frequent live gunfire and many of the demonstrators were pleased to show direct solidarity by picking the olives.

“We have been shot at near here before on peaceful demonstrations”, said 22 year old student Anwar Alaaneen. “I’m here in solidarity with the farmers in Beit Hanoun who are always under threat from shooting and shelling when their land is so close to the Israeli fence. The international community should allow us the right to farm our own land, instead of allowing Israel to continue to commit these crimes.” she added.

Unbeknown to the olive pickers, nearby in the North of Gaza in Beit Lahiya a farm worker in the Siafa area 27 year old Zeyad Mohammed Tambora now and then worked for a farmer in Siafa area, had just finished picking strawberries when suddenly with no warning his right foot was hit by a bullet. He was carried back by his 2 cousins from the farmland at about 300 meter from the fence and they escorted him to a waiting car on a donkey cart. Arriving at hospital Tuesday at about 10.00 AM Zeyad then underwent surgery to stop the bleeding. The bones in his foot are smashed and according to doctors he might have problems to walk for the rest of his life and he is not expected to be walking for a few months.
Whether its for strawberry picking, olive picking or wheat gathering, incidents like this happen on a daily basis in this region. Two days before and last week, two more workers were slightly injured by firing from the border.

The farmer whose olives we were picking laments the history behind the continuous attacks on their land and the destruction of their life before. “There used to be many trees in this area, they bulldozed them and although we have lost so much we have continued to farm it”, said Abzel Al Baseony the farmer whose olives we were picking. “Everyone is afraid coming here to farm. They take photos of us from the control towers so they know who we are yet they still just shoot whenever they want at whatever they want. I’ve been here since 1984 and my father farmed this land before me. We will keep farming.”