Are Israel and apartheid South Africa really different?

Akiva Eldar | Haaretz

4 January 2010

The Supreme Court ruled last week that route 443 must be opened to Palestinian traffic. (Reuters)

The day after the murder of the settler Meir Hai about 10 days ago, Major General (res.) Amos Gilad was asked to comment on the claim by settlers that the attack was able to take place because roadblocks had been lifted on West Bank roads. The security-political coordinator at the Defense Ministry told his radio interviewer that the policy of thinning out internal roadblocks has greatly contributed to the West Bank’s impressive economic growth. According to Gilad, who until recently was coordinator of activities in the territories, the improvement of the Palestinians’ economic lot has contributed substantially to Israelis’ security.

An army man, who is not suspected of belonging to a human rights organization, thus upsets the simplistic and most accepted formula: restrictions on Arabs means more security for Jews. The Supreme Court ruling last week to lift the ban on Palestinians using Route 443 shows that members of the judiciary also no longer stand at attention when they hear the magic word security. Nonetheless, the judiciary members, like politicians and the media, still find it hard to let go of their paralyzing dependency on this term. This is intentional: If discrimination is not mandated by security considerations stemming from the threat of Palestinian terrorism, how can we diagnose this regime as segregationist? If it is not diagnosed as such, there is no need to treat it.

The Association for Civil Rights in Israel, which appealed against the ban on Route 443, dared suggest the word apartheid and was reprimanded for it. In her ruling, Supreme Court President Dorit Beinisch wrote that “the great difference between the security means adopted by the State of Israel for defense against terrorist attacks and the unacceptable practices of the policy of apartheid requires that any comparison or use of this grave term be avoided.” A similar argument was voiced during the days of Israel’s military administration over its Arab citizens, which was lifted in 1966, and which is today considered a dark period in the country’s history.

Beinisch herself is a co-author of about a dozen rulings that exposed the malicious use of the segregation regime in an effort to take over Palestinian land. In some cases, most notably one concerning the separation fence near Bil’in, she wrote that the invasive route set by the army was inferior from a security point of view to the route proposed by experts at the Council for Peace and Security. In another case the state admitted that the person in charge of planning the fence did not inform government lawyers that the route had been adjusted to the blueprint for expanding the settlement of Tzofin. Were it not for human rights organizations and conscientious lawyers, who would prevent shortsighted politicians from annexing more and more territory “for security against terrorism”? asked Beinisch.

One of the myths among whites in South Africa was that “blacks want to throw us into the sea.” Many of apartheid’s practices were formally based on security, mostly those involving restrictions on movement. Thus, for example, at a fairly early stage, black citizens needed permits to move around the country. During the final years of apartheid, when the blacks’ struggle intensified as did terrorism, its practices became more severe.

To avoid the rude word apartheid, Beinisch pulled out the well-known argument that apartheid is “a policy of segregation and discrimination based on race and ethnicity, which is based on a series of discriminatory practices designed to achieve the superiority of a certain race and oppress those of other races.” Indeed, systematic segregation (apartheid) and discrimination in South Africa were meant to preserve the supremacy of one race over others.

In Israel, on the other hand, institutional discrimination is meant to preserve the supremacy of a group of Jewish settlers over Palestinian Arabs. As far as discriminatory practices are concerned, it’s hard to find differences between white rule in South Africa and Israeli rule in the territories; for example, separate areas and separate laws for Jews and Palestinians.

Last Wednesday, Israeli policemen blocked the main road linking Nablus and Tul Karm. Dozens of taxis with Palestinian workers on their way home from another day on the job in the settlements were told to park on the side of the road. Cars with yellow license plates passed by. There was no roadblock for security inspections; it was just the memorial ceremony for Rabbi Meir Hai. Just as long as they do not say that there is apartheid.

Trapped in the land of Oz

Ofra Edelman | Haaretz

3 January 2010

A complaint to the court ombudsman against Jerusalem District Court Judge Yitzhak Milanov reveals cooperation of questionable legality between the police and Oz, the Interior Ministry unit that deals with illegal foreigners, in the treatment of foreigners who took part in recent demonstrations in East Jerusalem’s Sheikh Jarra neighborhood.

According to the complaint – which was submitted to the ombudsman, former Supreme Court justice Eliezer Goldberg, on December 17 – the police misused their authority by handing the left-wing foreign activists they arrested over to Oz, even though the foreigners were present in Israel legally and therefore do not fall under Oz’s jurisdiction. The police’s motive, the complaint alleged, was to avoid judicial review of the arrests.

About three weeks ago, it said, 23 demonstrators were arrested, including three foreign citizens: Bruno Marcotte of Canada, Johanne Richtmueller of Germany and Ryan Olander of the United States. On December 12, they were brought before Judge Milanov for a remand hearing. The police asked the court to order the foreigners held for four hours to give the force time to hand them over to Oz.

The hearing began at 10 P.M. According to attorneys Iftach Cohen and Omer Shatz, who represented the three foreigners, the police did everything in their power to ensure that their case was heard last, hoping that Oz agents would arrive in the meantime and take charge of the foreigners – thereby avoiding judicial review of the arrest, which by law must take place within 24 hours of its occurrence.

The three ended up being detained for 30 hours. Their lawyers repeatedly requested that Milanov hear their cases before some of the others, fearing that Oz would take charge of the detainees before the judge had reviewed the arrest. However, they said, the judge denied this request and even refused to allow it to be entered into the court records. Attorney Lea Tsemel, who was present at the time, confirmed this claim.

At about 1 A.M., after the Oz vehicle had arrived at the court house, a police representative informed the lawyers that he was withdrawing his request for the foreigners’ remand. But just then, the three foreigners were brought into the court by mistake, and the judge reviewed their arrest anyway.

The judge noted in the protocol that the police did not oppose releasing the three foreigners, but had asked to have them handed over to Oz. He also noted that they were present in the country legally.

‘No authority to arrest’

According to attorneys Cohen, Shatz and Tsemel, Milanov then informed the two Oz representatives in the court that since the foreigners were here legally, Oz had no authority to arrest them. When one Oz representative told the judge that they would nevertheless detain the foreigners after the hearing, Milanov warned him not to repeat that remark.

Milanov released the three without any restrictions and wrote in his decision: “To the degree that the Oz unit is authorized to investigate them, it will surely operate within the bounds of its authority.” The judge then entered his adjacent chamber, with the door to the courtroom left ajar.

That, the complaint said, is when the Oz officers took the foreigners away by force. The court guards actively cooperated, it charged, and the police declined to interfere.

Milanov, too, declined to intervene, and did not even respond to the lawyers’ cries, the complaint continued. “The complaint is not being lodged due to Judge Milanov’s behavior during the hearing, but to his failure when it was over,” the attorneys wrote.

‘Kidnapped from court’

After being seized by the Oz officers, the three were held for a few hours at the court – “with the cooperation of the court guards and under the eyes of the district court judge,” the complaint said.

The attorneys therefore requested that the ombudsman examine “Judge Milanov’s serious failure in disregarding and turning his back on the three foreigners who were kidnapped from his court.”

Cohen argued that Oz had no authority to detain the three after the session, particularly since the judge wrote expressly in the stenographic record that they were present in the country legally. But the commander of the Oz unit, Yehuda Ben Ezra, disagreed.

“I don’t know if the judge examined the documents,” he said, adding, “The visa says ‘tourist,’ not ‘demonstrator’.”

When informed that the judge explicitly told the Oz representatives in court that further detention would be illegal, Ben Ezra responded, “With all due respect to the judge, and I have genuine respect for judges, they don’t decide whom I arrest or don’t arrest.”

Ben Ezra said he is “allowed to make arrests in two cases: if I suspect that someone is here illegally, or if he violated administrative rules and the police informed me of this.” But the three foreigners do not fit into either of these categories.

A week later, on December 18, Ryan Olander was arrested again at another demonstration in Sheikh Jarrah. This time, according to Cohen, members of the Oz unit managed to take him from the court before a judge had reviewed his arrest, after police requested that Oz “act to remove this tourist from Israel permanently.”

Cohen said that Olander’s visa was canceled only after he was taken to Givon Prison – meaning the Interior Ministry essentially legalized his illegal arrest retroactively.

The Jerusalem District Police responded that “The foreigners who were arrested were suspected of disorderly behavior and illegal assembly. At the same time that they were brought to the court, the police made contact with an Interior Ministry representative, informed him of the three’s arrest and asked him to continue dealing with the case against the three. The police intend to press charges against all the suspects.”

Police rejected the claim that “the three foreigners were not brought for an extension of their remand at the beginning of the session on purpose” and said that “according to the law, police are permitted to arrest a tourist with a valid visa who is suspected of a criminal offense and transfer him to Interior Ministry representatives for deportation or trial. In this case, members of the Oz unit are the representatives who work with the police.”

Both Oz and the police completely rejected the attorneys’ claim that such cooperation between them occurs only in the case of left-wing activists.

28 kilometers of distilled apartheid

Gideon Levy | Haaretz

29 December 2009

Palestinian, Israeli and foreign protesters run from tear gas fired by Israeli troops during a demonstration on Highway 443 in 2008. (AP)
Palestinian, Israeli and foreign protesters run from tear gas fired by Israeli troops during a demonstration on Highway 443 in 2008. (AP)

This highway has told the whole story. They pave a road, expropriate Palestinian land and the High Court of Justice approves the expropriation, in its words, “provided that it is done for the sake of the local population.”

Afterwards they prevent the “local population” from using the road, and finally they build a wall with drawings of creeks and meadows so we don’t see and don’t know that we are driving on an apartheid road, that we are traveling on the axis of evil.

Apartheid? What are you talking about? It’s just a freeway to the capital, because that’s how we like it best. Going (quickly) along with the occupation and feeling like there is none. That way the highway has fulfilled another secret national wish – that they get out of our faces.

How many of the masses of travelers on this high road to the capital have looked to their left and right? How many of them have noticed the 12 roads blocked by iron roadblocks and piles of garbage? (Is there another country that blocks roads with garbage?) And what about the 22 confined and concealed villages alongside the road? How many people have asked themselves how it is possible that a road that was paved in the heart of the Land of Palestine has no Palestinians traveling on it? How many have noticed the sign that leads to the “Ofer [army] camp”, another whitewashed name for a detention facility or the hundreds of prisoners detained there, some without trial?

How many have observed the inhabitants trudging over the rocky ground to get to the neighboring village? It’s 28 kilometers of distilled apartheid: the Jews on top on the freeway becoming of the lords of the land. Palestinians down below, going on foot to the Al-Tira village girls’ school, for example, through a dark, moldy tunnel.

I, too, have deliberated more than once whether to take Highway 1 with all of its traffic jams or 443 with all of its injustices. In my transgressions, sometimes I have opted for the injustices. It’s like shooting and crying. First you kill and then you are struck with grief over what you have done. I have driven and cried.

The High Court of Justice has again proven how essential it is. Too late and too little, and strangely imposing a delay of five months in the implementation of its ruling. It is not a beacon of justice with regard to everything related to the occupation, but it is at least a small flashlight shining a faint beam: beware, apartheid.

Justices Dorit Beinisch and Uzi Vogelman should be commended. They have reminded us what had been forgotten. There are judges in Jerusalem, and periodically they even come out against the injustice of the occupation. See you in another five months. By then maybe the state will find a range of rationales and excuses not to enforce the ruling. Palestinian cars on Highway 443? You’re making me (and the army) laugh.

War on protest

Editorial | Haaretz

25 December 2009

The war the police and the Israel Defense Forces are openly waging against protests by left-wing and human rights activists has heated up in recent weeks. As a result, concern is growing over Israel’s image as a free and democratic country, one that accords equal and tolerant treatment to all its citizens and residents.

Nonviolent protests in the East Jerusalem neighborhood of Sheikh Jarrah against the expulsion of Palestinians from their homes by extreme right-wingers have met with a violent and disproportionate police response. The IDF has responded with insufferable harshness to protests against the separation fence in the Palestinian villages of Bil’in and Na’alin.

In Sheikh Jarrah, police are fielding unnecessarily large forces armed with tear gas and pepper spray. Over the past two weeks, no less than 50 demonstrators have been arrested at these protests.

In Bil’in and Na’alin, IDF soldiers are firing live rounds at unarmed protesters who do not endanger the soldiers’ lives, in violation of the military advocate general’s orders. Major arrest sweeps are also taking place in these two villages, of protest organizers and members of the popular committees. Some of those arrested have been brought before a military court, charged with incitement and sentenced to lengthy prison terms.

In terms of violence, this represents an escalation. In terms of tolerance, it represents a deterioration – of attitudes toward legitimate protest. Two Israeli lecturers, Prof. Galit Hasan-Rokem and Prof. Daphna Golan, recently described the harsh police response in Sheikh Jarrah in Haaretz. Protests were also dealt with harshly during Operation Cast Lead a year ago: About 800 Israeli citizens, most of them Arab, were arrested, and criminal proceedings were begun against 685 of them. This was an evil omen regarding the state’s attitude toward protesters.

And all this is happening at a time when the same law enforcement agencies are showing much more leniency and consideration to right-wingers protesting against the construction freeze in the settlements. There, no massive arrests have been made, and there has been less police violence.

Citizens, whether from the right or the left, have both the right and the duty to protest, within the bounds of the law, against things that upset them. Tolerance toward such protests is the breath of life for any democratic regime.

Photographs of soldiers shooting live fire at demonstrators, in contrast, are familiar from the darkest regimes. If drummers are arrested in Sheikh Jarrah, and Palestinians are arrested in Bil’in for collecting and displaying ammunition shot by the IDF – this is a regime that is not acting with the required tolerance toward legitimate protest.

The pictures from Sheikh Jarrah and the scenes from Bil’in and Na’alin, which repeat themselves weekly, will remain hidden in the darkness of public disinterest and lack of media coverage. But what the police are doing in Sheikh Jarrah and what the IDF is doing in Bil’in and Na’alin should disturb every Israeli, whether right-wing or left-wing – because this is about the very nature of the regime of the country in which we live.

For Palestinians, possession of used IDF arms is now a crime

Amira Hass | Haaretz

24 December 2009

The Israel Defense Forces consider it a crime punishable by imprisonment for a Palestinian to possess used IDF weapons, according to an indictment filed by the military prosecutor against Abdullah Abu Rahma of the West Bank town of Bil’in.

Abu Rahma, 39, is coordinator of the Bil’in Popular Committee Against the Wall, which has been holding demonstrations against construction of the separation fence on the village’s land. A teacher by profession, he was arrested by IDF troops on December 10 and indicted in a military court last Tuesday.

In addition to charges of incitement and throwing stones, Abu Rahma was charged with illegal weapons possession due to his alleged possession of M16 rifle bullets and gas and concussion grenades – which, the indictment said, “the accused and his associates used for an exhibition that showed people the means used by the security forces.”

Abu Rahma’s associates confirmed that empty concussion and gas grenades used by the IDF to disperse demonstrators were exhibited in Bil’in, adding that no one tried to conceal the nature of the exhibition. However, they said, M16 bullets were not part of the exhibit, nor were they found in a search of Abu Rahma’s home.

Activists in Bil’in speculated that the M16 allegation stemmed from misinformation given to the army by one of the many young people the army has arrested in recent months. They charge that these arrests are made in an effort to obtain incriminating material against the protest organizers.

In the case of another local protest organizer, Mohammed Khatib, a military court concluded that evidence that he had thrown stones was fabricated, after it turned out that at the time of the alleged infraction, he was abroad.

South African Archbishop Desmond Tutu, who met with Abu Rahma and Khatib last summer during a visit to Israel, condemned Abu Rahma’s arrest and indictment on Wednesday and urged the Israeli authorities to release him immediately. Tutu’s summer visit to the region was under the auspices of The Elders, a group of global leaders formed by former South African president Nelson Mandela.

In his statement on Wednesday, Tutu said that he and his fellow delegation members – who included former American president Jimmy Carter, former Irish president Mary Robinson and former Norwegian prime minister Gro Brundtland – were “impressed by [Abu Rahma and Khatib’s] commitment to peaceful political action, and their success in challenging the wall that unjustly separates the people of Bil’in from their land and their olive trees.” He called Abu Rahma’s arrest and indictment “part of an escalation by the Israeli military to try to break the spirit of the people of Bil’in.”