Tag: Mondoweiss

Setting a dangerous precedent: 16-year-old Ali Shamlawi faces 25 counts of attempted murder for alleged stone throwing

18th June 2013 | Mondoweiss, Katherine Flynn| Hares, Occupied Palestine

Three months ago today, in the early hours of March, 17 2013, Israeli soldiers appeared at 16-year- old Ali Shamlawi’s house in the West Bank village of Hares. They blindfolded him, handcuffed him and took him away. His arrest was one of a spate of arrests in March of this year which saw 19 boys, aged 16 and 17 years old, arrested for throwing stones which were alleged to have caused a traffic accident on Route 5, a large road which cuts through the West Bank to service illegal Israeli settlements.

Hares is a village of 4,000 people south of the city of Nablus in the West Bank. Illegal Israeli settlements – including Ariel, the second-largest settlement in the West Bank – have been built on agricultural land confiscated from Hares. The traffic accident in question occurred on March 14 when a car carrying a mother and her three daughters from Ariel crashed into the back of a truck on Route 5 near Hares, after the truck had braked suddenly. The youngest daughter was critically injured in the crash. The driver of the truck initially attributed the sudden breaking to a flat tire but later claimed he braked suddenly when stones hit his truck.

Locals who were at the scene of the accident moments after it occurred were interviewed by the International Women’s Peace Service (IWPS) and reported that they did not see any youth in the vicinity. However in the weeks since the accident, 61 witnesses from surrounding illegal settlements have come forward claiming their cars were also damaged by stones thrown by Palestinian youth from the side of the road. These settlers claim that Palestinian boys were 5-10 metres from the side of the road but these allegations have never been verified by the extensive CCTV footage in the area.

Since the initial arrests, 14 of the Palestinian boys have been released. However, five boys, including Ali Shamlawi, remain in prison three months later. Along with the other boys, Ali is being charged with 25 separate counts of attempted murder (one for each individual stone he allegedly threw) and is facing 25 years to life imprisonment.

Last Thursday on June 13th, Ali was in court again for his sixth hearing. Having applied to attend the hearing in advance, I was informed the night before that permission had not been granted because it would be a closed hearing – something all too common in Israeli military courts. Ali’s lawyers have since confirmed that at the hearing his detention was extended to July 25th in order for the defense team to be able to consider all evidence being used against him.

Along with the 61 “witnesses” mentioned above, the prosecution’s evidence consists of confessions from the boys. The lawyers and NGOs working on the case insist that these confessions were forced under extreme duress and are therefore inadmissible. 16-year-old Ali was held in solitary confinement for two weeks after his arrest and denied access to a lawyer for the first few days. He was interrogated for up to 20 hours at a time and beaten. Until last week, he was also denied visitation from his family. Ali’s lawyers submitted a complaint on May 15th about the circumstances of his interrogation and torture but are still waiting to hear back from the military police investigation.

Interviews carried out by IWPS with some of the boys already released by Israel show further mistreatment of children in custody. One of the 19 boys arrested was hospitalised after being beaten by interrogators, while another reports being kept alone in a small cell where bright lights shone continuously and being threatened with harm to him and his family. Indeed, such allegations come on the heels of a February 2013 report by UNICEF which firmly concluded that “the ill-treatment of children who come in contact with the [Israeli] military detention system appears to be widespread, systematic and institutionalised throughout the process…”

It is not just the treatment of these children during interrogation that should raise questions. Despite being only 16 years old, Ali is being tried as an adult in Israeli military court; while illegal Israeli settlers in the West Bank are subject to Israeli civil law, Palestinians living in the same area are subject to strict Israeli military law. Under this law, Palestinian youth can be sentenced to up to 20 years in prison for throwing stones at vehicles. Twenty years in prison for throwing stones would be considered harsh in even some of the world’s strictest regimes, but this case sets an even more dangerous precedent: the Israeli courts are charging these five boys not with stone-throwing but with attempted murder.

If the sentence is passed, this case could set a legal precedent which would allow the Israeli military to try any Palestinian youth with attempted murder for incidents of stone-throwing. While the evidence against the boys is tenuous at best (and downright illegal at worst), statistics on conviction rates in Israeli military courts do not bode well for the boys. According to a 2010 internal IDFreport, the military court system used to try Palestinians has a 99.7% conviction rate (In 2010, that meant only 25 full acquittals out of 9,542 cases).These highly troubling statistics expose the discrimination inherent in the Israeli judicial system when compared with similar statistics on settler attacks on Palestinians. A 2011 UN OCHA report revealed that over 90% of monitored complaints of settler violence filed by Palestinians with the Israeli police were closed without indictment.

With conviction rates of almost 100%, allegations of torture against children, and systematic discrimination against Palestinians, it is high time that Israel is held to account for the violations of international law endemic to its military detention and judicial systems.

For now, Ali must wait until July 25th to appear in court again, not knowing whether he will spend the rest of his life behind bars. This case has until now received little media attention. But for those of us who respect due process and human rights, it is time to speak up.

Addameer, IWPS and Defence for Children International are working with Ali’s lawyers on this case.

A day in the West Bank shows ‘the soldiers are settlers but in uniform. They both symbolize the occupation.’

Mairav Zonszein, Antony Loewenstein & Joseph Dana | Mondoweiss

18 July 2009

The occupation can seem predictably mundane from a distance. To most Israelis the settlement project is seen as a problem, but a problem happening “over there” and utterly removed from their lives. Rampaging settlers are viewed occasionally on television. Violent Palestinians are seen to resist for no apparent reason. The international community and Barack Obama are protesting the illegal outposts and ongoing colonial project in the West Bank with polls suggesting that many Israelis are opposed to this apparently unfair pressure.

They should spend a day in the West Bank.

For the last three months, Israeli Ta’ayush activists have been accompanying Palestinian farmers from Safa to their lands just below the settlement of Bat Ayin. Since a child from the settlement was murdered in April, settlers have been consistently attacking Palestinians when they attempt to work in their fields, as well as burning the fields themselves – all under the nose of the IDF, which has done nothing to prevent the crimes or punish them.

The scenes from Safa in this period have been grim. If it is not the settlers aggressively driving out the local farmers, it is the army, which acts in complete disregard of Israeli Supreme Court rulings. After weeks of confrontations and brutal arrests, the army seemed to realize that we would not go away, and they would have to change their tactics.

Two weeks ago the army issued a 45-day closed military zone order on the agricultural land of Safa for all Israelis and internationals, asserting that our services would not be needed any longer, as they would ensure the Palestinians could work their land with the army’s protection. In these two weeks, Ta’ayush decided to respect the order and see if the army would indeed deliver on what it promised. However, during this time, the settlers infiltrated the agricultural land of Safa and cut down fruit trees and burned crop fields. Thus, despite the area being a closed military zone for all Israelis, somehow the settlers managed to get past the IDF and commit crimes.

This morning we went back to Safa. As Palestinian Ta’ayush activist Issa Slevi told us later, “The soldiers are settlers but in uniform. They both symbolize the occupation.”

After a local family gave us a sugary glass of tea under a blackberry tree, a large group of Ta’ayush activists and internationals from the International Solidarity Movement and Palestine Solidarity Project walked through the village of Safa towards the fields. The town itself is dusty, with some homes half-finished while other structures have circular staircases on the outside. “I Love Hamas” was sprayed in English on a wall. Children pointed and waved while the women stood together and smiled. Some men led the procession of around 50 people, including the Palestinians. Accredited journalists, from Reuters and Lebanese media, followed. One even held a gas mask, expecting tear-gas.

It was Saturday and the settlers on the nearby hill were virtually invisible. Their houses and caravans sat illegally nearby. A number of IDF soldiers soon appeared on a horizon and approached from the other end of the dirt track. A confrontation was inevitable. The aim was to accompany the Palestinian farmers to their land in the gorge to protect against settler attacks. In the past, activists were physically assaulted and beaten with batons by the IDF so we expected the worst. We didn’t predict two hours of heated debate and political discussion.

The soldiers announced that the Palestinians were allowed to pass on their own and tend their fields. The farmers were highly skeptical because settlers would likely attack them. Some activists pushed the IDF to join the Palestinians but they were denied access. Minor scuffles ensued. Supreme Court orders were produced to explain a 2006 ruling that refused the military being able to impose a “closed military zone” to prevent Palestinians working their fields. The IDF regularly breaks the law of its own country, let alone international law. Activists see it every week.

Unlike previous encounters, the IDF commander seemed like a reasonable man, urging restraint from his men and trying to avoid contact. It was a fruitless task, as the soldiers seemed incapable or unwilling to understand the Palestinian hesitance to farm on their own. One old Palestinian farmer, the owner of the area, arrived. He rode down the path on a donkey, alighted, and walked with a stick. He was highly agitated and screamed at the soldiers. He lifted his shirt after a while to show bruise marks caused by settlers.

Eventually Palestinians decided to pass, both men and women, while a number of activists sat down in front of the soldiers. Others milled around. Video cameras and cameras were in abundance, possible explaining the less aggressive approach of the soldiers. This didn’t stop them from arresting 10 people, who were all detained briefly and released soon after. The activists – who did not resist arrest – knew that if brought before a judge, the army would have been found to have acted illegally. This explains why so often the army releases them before it can happen.

The location of the encounter was actually beautiful. A gorge sat at the bottom of a valley, with green fields and olive groves dotting the landscape.

As we waited and sat under a tree to find some shade, an IDF soldier approached us “to talk about the issues.” He was an American Jew around 30 who had made “aliya” to Israel in 1997. He was not a religious fanatic but argued rationally, despite the confused nature of his argument. He initially acknowledged the Palestinians were under occupation then later said the land was “disputed” and had been given by Jordan. He said the IDF was a “humanitarian model” to the world.

We asked if he’d read the recent Breaking the Silence report on alleged atrocities in Gaza. He said he had not but criticized the soldiers for staying anonymous. When challenged about the use of white phosphorous in civilian areas, he replied that it was not illegal to do so. In fact, it is illegal to use the destructive weapon for anything other than flares and certainly not in civilian areas. Countless human rights groups have accused Israel of using the weapon during its war against Gaza in December and January.

The soldier said he saw himself as protecting the settlers, Palestinians and activists, though we reminded him that the IDF usually only protects the settlers and covers their crimes. We agreed that the potential for confrontation between all parties was high. But why remove the peaceful non-violent leftists? The settlers were the most violent party in Safa. Why doesn’t his unit bar them from entering the gorge and allow us to farm with the Palestinians? He dismissed this question outright. Although he didn’t reside in a settlement, he mumbled something defensive when challenged why the Israelis hadn’t prevented the burning of the fields in the last days and weeks.

He seemed a little conflicted about his role in the territories, despite his arrogant air. He defended the killing of civilians – “you know what Colin Powell said during the invasion of Panama? In war, there’s always collateral damage” – but he was open to alternative views. We joked that it would take a while doing drugs in India to get over his conscience after the things he’d seen and done in the West Bank.

It was a strange discussion, though largely friendly and slightly accusatory. A case-study of the soldier would probably reveal a deep-seated need to defend his actions. He constantly talked about “protecting Israeli democracy” though his main job is protecting the settlement project. Palestinians despise their presence, even if violent resistance is relatively uncommon these days.

We disagreed amongst ourselves to the importance of engagement with IDF soldiers. Joseph wasn’t convinced of the necessity, believing the actions of the man spoke far louder than words. Ultimately, he defended the occupation. Antony was more circumspect and wondered if such encounters could contribute to a slow, changing attitude within the soldiers. Joseph argued that things were desperate when even the seemingly decent Israelis were finding ways to defend the situation.

After we left Safa, we briefly visited Issa Slevi’s home in Beit Umar, a long-time believer in non-violent action, in a room with a high ceiling. As we drank hibiscus juice and then piping, hot tea, he told us about the reality of constant IDF harassment of towns and fields. “The media presents the Palestinians as murderers and terrorists and the Israelis as victims”, he said. “The whole world identifies with the Israelis.”

Slevi spoke of a time when his hope for a resolution in the early 1990s had inspired him to distribute flowers to soldiers. But today he was despondent about Fatah – “an Oslo puppet regime” – and damned the “peace process” of the 1990s. It has produced nothing more than settlements and settler violence. He compared the situation in Palestine to the Jim Crow period in the US, “when there were signs that were for ‘dogs only.’ Today, the situation is the same for the Palestinians but there are no signs.”

Despite all the abuse and violence, Slevi was fundamentally opposed to violence. He never spoke to settlers. He wanted a country where both peoples could interact and mingle freely, regardless of religion and political affiliation.

The day was relatively normal in an utterly foreign reality.

Can civil disobedience work if the media stays away?

Bruce Wolman | Mondoweiss

11 June 2009

What if Palestinians turned to non-violent protest and none of the media showed up to cover their actions?

President Obama in his Cairo speech insisted the “Palestinians must abandon violence.” He exhorted them to imitate the methods of the Civil Rights movement in the United States:

“Resistance through violence and killing is wrong and it does not succeed. For centuries, black people in America suffered the lash of the whip as slaves and the humiliation of segregation. But it was not violence that won full and equal rights. It was a peaceful and determined insistence upon the ideals at the center of America’s founding.”

Obama went further and stated, “This same story can be told by people from South Africa to South Asia, to Eastern Europe to Indonesia. It’s a story with a simple truth: violence is a dead end.”

But would the freedom rides and marches, lunch counter sit-ins and bus boycotts have succeeded if the media had not been on the story? Had the New York Times and other papers not sent reporters to witness the protests, or had the television networks not sent crews to film the events, had Americans heard only the explanations of the George Wallaces and the Bull Connors juxtaposed with the testimony of the protesters, would the non-violent approach of Martin Luther King Jr. had succeeded?

In case President Obama is unaware, Palestinians have been non-violently protesting the occupation for some time. Tomorrow is Friday, and most likely Palestinians, left-wing Israelis and international peace activists will meet up in Niilin (also transliterated to Naalin and Nil’in) to protest the Israeli security wall running through the village, as they already have for many weekends.

On the previous Friday’s demonstration, the IDF wounded Akal Sarur and four others. Sarur later died in the hospital. Although the IDF would not confirm it, media reports stated that border police fired on Sarur using a “low-velocity gun specially designed to disperse riots.”

According to the IDF, the protest “turned into a violent riot shortly after it began.” Protesters hurled rocks at the troops and tried to damage the fence. Moreover, the IDF claims that several soldiers were attacked by a group of men, some of them masked. The soldiers then used “established crowd control measures,” which contributed to Sarur’s death.

Later, the IDF added that the victim Sarur had been throwing rocks at the soldiers, and was a known member of Hamas .

According to Jonathan Pollak, of Anarchists Against the Wall,

“clashes between the IDF, residents of Nil’in and activists began earlier in the day when the IDF tried to occupy a home in the village….” The IDF used “sniper fire against the demonstrators who headed to the “wall” after praying at the mosque. Sarur was killed by sniper fire as he tried to evacuate one of the wounded demonstrators. He was not throwing stones at the time he was shot. It was possible he had thrown stones earlier.”

Pollack went on to ask, “Even if he was throwing stones, since when do people who throw stones get the death penalty? We are talking about a sniper who was 40 meters away barricaded behind a wall and standing there very coolly, and aiming and taking a shot.”

Earlier this year in mid-March, Tristan Anderson, an American activist from Oakland, California, was severely injured when hit by a tear-gas cannister during one of the protests in Niilin. The IDF claimed there was 400 violent demonstrators throwing rock at the soldiers that day. A Swedish school teacher, Ulrike Anderson, said that the crowd had mostly disappeared at the time Tristan Anderson was hit. Whose version is accurate?

Will Isabel Kershner or Ethan Bronner of the New York Times, or any of their stringers be at Niilin tomorrow? Will Howard Schneider of the Washington Post be there? Will Reuters, the BBC, CNN or NBC send someone out? It’s not as if there have been no previous signs something newsworthy might happen. Five people have already died this year in Niilin, besides the injured American, Tristan Anderson.

If another protester is injured or killed tomorrow, will we once again have to read that the IDF claims this, while the activists claim that? What did the Mississippi police claim after Freedom Riders were harassed and killed in the old south? Did anyone care?

Tomorrow brings another potential clash in the Holy Land. Ultra-Orthodox Jews in Jerusalem plan to protest for a second weekend “against the opening of a municipal parking lot at city hall – free of charge and staffed by a non-Jew – on Shabbat.”

“Last Saturday, thousands of ultra-Orthodox men clashed with police, first near the Kikar Safra parking lot, and then at the entrance to the Mea She’arim neighborhood, throwing bottles, rocks and dirty diapers, and lightly wounding six officers.”

Despite the fact that rocks were thrown and police were injured, none of the crowd control techniques regularly used by the Police and IDF in Niilin were applied to the Haredim Jews. And it’s not because these Ultra-Orthodox are Zionists, they are not. They are simply Jewish.

Will any of the Western media be on hand to compare what happens during the day at Niilin with what occurs at night in Jerusalem?

If Obama wants the Palestinians to engage in non-violent protest, and in fact they already are doing just that, then he needs to urge the “free Western media” to be brave and cover the protests as if it was Birmingham and Mississippi in the Fifties and Sixties. There may even be a Pulitzer Prize to be won.

Settlers, farmers, soldiers, internationals

Max Blumenthal | Mondoweiss

On Saturday I traveled to the South Hebron Hills, to the Palestinian village of Safa, with an Israeli group called Ta’ayush that works to protect Palestinian farmers from settler violence and documents the proliferation of illegal settlements (Ta’ayush is Arabic for partnership). Things were peaceful when we arrived in the verdant grove of grape trees below Safa. A tractor plowed the land, a few farmers picked grape leaves, and the Ta’ayush activists greeted members of Anarchists Against the Wall, and the International Solidarity Movement (ISM) volunteers were already on the scene.

Within minutes, however, a group of settler children clad in white tsitsis assembled on the hill high above the valley, rolling tires down the hill and chanting in a single, piercing cry, “Death to Arabs!” The children were residents of Bet Ayn, one of the most fanatical Jewish settlements on the West Bank and home to a terrorist underground that planned to bomb a Palestinian girls’ school in Jerusalem. Recently a Palestinian resident of Safa killed a 13-year-old boy from Bet Ayn, setting off a series of violent reprisals that culminated when a masked mob of 30 settlers attacked two elderly farmers with clubs, breaking one man’s skull and seriously wounding the other. Since then, the farmers of Safa have been reluctant to work their fields without international and Israeli activists present.

The government of Benjamin Netanyahu has lined up firmly on the side of the settlers of Bet Ayn. This means that the army is a de facto arm of the settlers and responds to their every command. As soon as the settlers became agitated by our presence, they called an army unit to remove us. Four soldiers rushed to the scene in a jeep, a commander ambled down the hill — he seemed tired and unhappy about leaving his air-conditioned vehicle – and presented the farmers and activists with a closed military zone order. We had five minutes to leave the scene or be arrested.

Then, a Ta’ayush member named Amiel stepped forward with an Israeli high court ruling stating that the farmers must have access to their land without settler harassment. He warned the commander that he would be sued and held personally responsible if he enforced the illegal closed military zone order. The commander huddled with his troops, then retreated – a move that is often viewed within IDF ranks as a reprehensible display of weakness. The troops eventually vacated the scene and so did we, riding up the hill on a tractor to Safa. Joseph Dana, an Israeli Ta’ayush activist, told me the action was successful: there were no arrests or settler attacks (a regular occurrence), and perhaps the farmers could work for the rest of the day.

I hung out with some Palestinian kids in Safa until our ride came, throwing rocks into a dumpster from a few yards away. This is what passes for pickup basketball in the village. The kids liked imitating me exclaim, “Nothin’ but net!” Then we were off to Hilltop 26, an illegal settler outpost near the uber-settlement of Kiryat Arba, which dominates the landscape above Hebron.

When we arrived, four teenage settler boys were waiting for us. They immediately called the army, who arrived like clockwork with a border police unit and two members of Kiryat Arba’s security force. The settler boys, who only last week attempted to set fire to a Ta’ayush protest outpost (now destroyed), went to greet the police commander and a few soldiers they apparently knew. It was a meeting of minds, a portrait of collaboration between fanatical Jewish colonists and the Israeli government. The army commander approached us with a closed military zone order, demanding that everyone leave the scene.

The army was aware of the media’s presence, however – I was filming and an Italian photojournalist snapped pictures. So the commander also asked the settler boys to leave. They protested angrily. “You can change the order to let us stay!” one of them shouted to the commander. “You’ve done it before a few times.” But when the army marched us off the scene, they also escorted the settlers towards Kiryat Arba. Of course, the police commander walked with his arm on the shoulder of one of the settlers boys, but the relatively even-handed enforcement of the order was unusual.

“Normally they force us off and let the settlers stay,” Joseph Dana told me. “This is the first time they’ve made them go too. But they will almost certainly let the settlers go back in a few hours. I think they only did this because the media was here.”

Whether or not the settlers returned that day, their illegal outpost remained intact. It is just another stake in the Occupation, a rickety shack that, with the help of the Israeli army and the encouragement of Netanyahu’s government, will someday be a neighborhood in Greater Israel.

Max Blumenthal is an award-winning journalist and blogger whose articles and video documentaries have appeared in The Daily Beast, The Nation, The Huffington Post, Salon.com, Al Jazeera English and many other publications. He is a correspondent for The Daily Beast, a research fellow for Media Matters for America and a writing fellow for the Nation Institute.

Mondoweiss: Code Pink activists interrupt Shimon Peres during AIPAC speech

Adam Horowitz | Mondoweiss

Today, Shimon Peres kicked off the AIPAC conference with a special address. Phil noted some observations below. Initial buzz from the speech in and around the conference center is that Peres neglected to mention the need to establish a Palestinian state as part of the peace process. This is shaping up to be an important tension between the Obama and Netanyahu administrations.

During his speech, Peres was briefly interrupted by activists from Code Pink. The photo below is of Desiree Fairooz standing on a table in front of Peres as he speaks. Below is the press release they sent out after the action:

Desiree Fairooz of Code Pink protests Shimon Peres at the AIPAC conference. (photo: Mark Wilson, Getty Images)

WASHINGTON — During Israeli Pres. Shimon Peres’ speech today at the annual AIPAC (American Israeli Political Action Committee) policy conference at the Washington Convention Center, CODEPINK members raised banners saying “Want Peace? End the Occupation,” “What About Gaza?,” and “No Money for War Crimes.”

As the six activists were forcibly dragged away from the stage, they shouted similar phrases including “Tikun olam (Heal the world) for Gaza, too!”, all meant to draw attention to widespread opposition to AIPAC’s policies lobbied to Congress that include unconditional support and financing for Israel’s militaristic policies including the recent devastating invasion of Gaza, building of illegal settlements in the West Bank and East Jerusalem, the separation wall, refusal to negotiate with the Palestinians’ democratically elected representatives, and threats to attack Iran.

“The brutal invasion of Gaza was a breaking point for me and many American Jews,” said CODEPINK co-founder Medea Benjamin, who recently led a 60-person delegation to Gaza. “I was appalled by the devastation and the suffering I saw, particularly among the children. As a mother, I feel compelled to speak out against Israel’s bombing of civilians and the ongoing siege that is so devastating to the lives of Gaza’s 1.5 million people—most of whom are under 18.”

While AIPAC claims to represent the U.S. Jewish community, its wholesale support of the Israel government goes against the majority opinions of the Jewish Americans. According to a recent survey by the Jewish lobby group J Street, 76 percent of American Jews support a two-state solution, 69 percent support negotiating with a Fatah-Hamas unity government, and 59 percent felt the Gaza invasion did not improve Israel’s security.

“Like most American Jews, I grew up with a deep appreciation for the state of Israel,” said Rae Abileah, a young American Jew of Israeli descent. “After witnessing the attack of Gaza on TV and hearing the calls for crippling sanctions on Iran, I can no longer avert my eyes to the other side of the story most rabbis still aren’t talking about. I am joining the dozens of Jewish organizations, and the growing global movement, advocating a change in the Israeli policies of occupation and aggressive violence. It’s high time to drop the victim narrative so that we may all survive, and one day thrive as neighbors.”

CODEPINK activists inside the AIPAC conference (with its theme “Relationships Matter”) were: Medea Benjamin, 56, Rae Abileah, 26, Blaine Clarke, 29, Christianna Reinstein, 21, Desiree Fairooz, 53, and Tighe Barry, 52.

“The most important relationships for Israel to cultivate are not with U.S. Congressional allies but with the Palestinian people,” said Christianna Reinstein, a student of Middle Eastern studies who joined the protest inside the AIPAC conference today. “AIPAC’s lobbying of Congress has not made Israel more secure and has hurt American efforts to improve relations in the Arab world.”