Bil’in and Ni’lin demonstrate in the face of closed military zone orders

International Solidarity Movement

19 March 2010

The smell of tear gas hung over the villages of Ni’lin and Bil’in today. The shouts demanded an end to apartheid and access to farmlands. The odd and surreal status quo was maintained this Friday. The attempts to squash the nonviolent popular resistance have been in vain. Like the rocky, Palestinian landscape, dotted with olive trees, this resistance is fertile. As these olive trees have been uprooted or burned, the state of Israel has attempted to sow these popular demonstrations with salt. It has been to no avail.

Last week’s orders posted in Bil’in and Ni’lin declaring the villages closed military zones for all of Friday had no effect on the demonstrators or village-life in general. Butchers displayed their wares, children laughed and kicked their footballs about and the cries for freedom echoed off the walls. The midnight raids did nothing to deter the groundswell of the popular struggle.

The West Bank village of Bil’in is located 12 kilometers west of Ramallah and 4 km east of the Green Line. It is an agricultural village, around 4,000 dunams (988 acres) in size, and populated by approximately 1,800 residents.

Starting in the early 1980’s, and more significantly in 1991, approximately 56% of Bil’in’s agricultural land was declared ‘State Land’ for the construction of the settlement bloc, Modi’in Illit. Modi’in Illit holds the largest settler population of any settlement bloc, with over 42,000 residents and plans to achieve a population of 150,000 by 2020.

In 2004, the International Court of Justice ruled that the Wall in its entirety is illegal under international law, particularly under International Humanitarian Law. The Court went on to rule that Israel’s settlements are illegal under the same laws, noting that the Wall’s route is intimately connected to the settlements adjacent to the Green Line, further annexing 16% of the West Bank to Israel.

• Despite the advisory opinion, early in 2005, Israel began constructing the separation Wall on Bil’in’s land, cutting the village in half in order to place Modi’in Illit and its future growth on the “Israeli side” of the Wall.

• In March 2005, Bil’in residents began to organize almost daily direct actions and demonstrations against the theft of their lands. Gaining the attention of the international community with their creativity and perseverance, Bil’in has become a symbol for popular resistance. Almost five years later, Bil’in continues to have weekly Friday protests.

• Bil’in has held annual conferences on popular resistance since 2006, providing a forum for activists, intellectuals, and leaders to discuss strategies for the non-violent struggle against the Occupation.

• Israeli forces have used sound and shock grenades, water cannons, rubber-coated steel bullets, tear gas grenades, tear gas canisters and 0.22 caliber live ammunition against protesters.

• On 17 April 2009, Bassem Abu Rahma was shot with a high-velocity tear gas projectile in the chest by Israeli forces and subsequently died from his wounds at a Ramallah hospital.

• Out of the 75 residents who have been arrested in connection to demonstrations against the Wall, 27 were arrested since the beginning of a night raid campaign on 23 June 2009. Israeli armed forces have been regularly invading homes and forcefully searching for demonstration participants, targeting the leaders of the Popular Committee Against the Wall and Settlements, as well as teenage boys accused of throwing stones at the Wall. Seventeen currently remain in detention, 10 of which are minors.

• To date, 75 residents have been arrested in connection with demonstrations against the Wall.

• In addition to its grassroots movement, Bil’in turned to the courts in the fall of 2005. In September 2007, 2 years after they initiated legal proceedings, the Israeli High Court of Justice ruled that due to illegal construction in part of Modi’in Illit, unfinished housing could not be completed and that the route of the Wall be moved several hundred meters west, returning 25% of Bil’in’s lands to the village. To date, the high court ruling has not been implemented and settlement construction continues.

• In July 2008, Bil’in commenced legal proceedings before the Superior Court of Quebec against Green Park International Inc and Green Mount International Inc for their involvement in constructing, marketing and selling residential units in the Mattityahu East section of Modi’in Illit.

Israel began construction of the Wall on Ni’lin’s land in 2004, but stopped after an injunction order issued by the Israeli Supreme Court (ISC). Despite the previous order and a 2004 ruling from the International Court of Justice declaring the Wall illegal, construction of the Wall began again in May 2008. Following the return of Israeli bulldozers to their lands, residents of Ni’lin have launched a grassroots campaign to protest the massive land theft, including demonstrations and direct actions.

The original route of the Wall, which Israel began constructing in 2004, was ruled illegal by the ISC, as was a second, marginally less obtrusive proposed route. The most recent path, now completed, still cuts deep into Ni’lin’s land. The Wall has been built to include plans, not yet approved by the Army’s planning authority, for a cemetery and an industrial zone for the illegal settlement Modi’in Ilit.

Since the Wall was built to annex more land to the nearby settlements rather than in a militarily strategic manner, demonstrators have been able to repeatedly dismantle parts of the electronic fence and razor-wire surrounding it. Consequently, the army has erected a 15-25 feet tall concrete wall, in addition to the electronic fence. The section of the Wall in Ni’lin is the only part of the route where a concrete wall has been erected in response to civilian, unarmed protest.

As a result of the Wall construction, Ni’lin has lost 3,920 dunams, roughly 30% of its remaining lands. Originally, Ni’lin consisted of 15,898 dunams (3928 acres). Post 1948, Ni’lin was left with 14,794 dunams (3656 acres). After the occupation of the West Bank in 1967, the illegal settlements and infrastructure of Modi’in Ilit, Mattityahu and Hashmonaim were built on village lands, and Ni’lin lost another 1,973 dunams. With the completion of the Wall, Ni’lin has a remaining 8911 dunams (2201 acres), 56% of it’s original size.

Ni’lin is effectively split into 2 parts (upper and lower) by Road 446, which was built directly through the village. According to the publicized plan of the Israeli government, a tunnel will be built under road 446 to connect the upper and lower parts of Ni’lin, allowing Israel to turn Road 446 into a segregated-setter only road. Subsequently, access for Palestinian vehicles to this road and to the main entrances of upper and lower Ni’lin will be closed. Additionally, since the tunnel will be the only entryway to Ni’lin, Israel will have control over the movement of Palestinian residents.

Israel commonly uses tear-gas projectiles, rubber coated steel bullets and live ammunition against demonstrators.

Since May, 2008, five of Ni’lin’s residents were killed and one American solidarity activist was critically injured from Israeli fire during grassroots demonstrations in Ni’lin.

* 5 June 2009: Yousef Akil Srour (36) was shot in the chest with 0.22 caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital (https://palsolidarity.org/2009/06/7023).

* 13 March 2009: Tristan Anderson (37), an American citizen, was shot in the head with a high velocity tear gas projectile. He is currently at Tel Hashomer hospital near Tel Aviv with uncertain prospects for his recovery (https://palsolidarity.org/2009/03/5324).

* 28 December 2008: Mohammed Khawaje (20) was shot in the head with 5.56mm caliber live ammunition. He died in a Ramallah hospital 3 days later on 31 December 2008 (https://palsolidarity.org/2008/12/3742).

* 28 December 2008: Arafat Rateb Khawaje (22) was shot in the back with 5.56mm caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital (https://palsolidarity.org/2008/12/3714).

* 30 July 2008: Yousef Amira (17) was shot in the head with two rubber coated steel bullets. He died in a Ramallah hospital 5 days later on 4 August 2008 (https://palsolidarity.org/2008/08/3346).

* 29 July 2008: Ahmed Mousa (10) was shot in the forehead with 5.56mm caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital (https://palsolidarity.org/2008/07/3329).

In total, 20 people have been killed during demonstrations against the Wall (https://palsolidarity.org/2009/06/7647).

Israeli armed forces have shot 40 demonstrators with live ammunition in Ni’lin. Of them, 11 were shot with 5.56mm caliber live ammunition and 29 were shot with 0.22 caliber live ammunition.

Since May 2008, 112 arrests of Ni’lin residents have been made in relation to anti-Wall protest in the village. The protesters arrested by the army constitute roughly 9% of the village’s male residents aged between 12 and 55. The arrests are part of a broad politically motivated Israeli campaign to suppress grassroots resistance to the Occupation.

Nil’in commemorates year anniversary of Tristan Anderson shooting: two arrested

13 March 2010

Demonstrators remember Tristan in Nil'in
Demonstrators remember Tristan in Nil'in
On Friday, March 13th, the one year anniversary of the critical injury of international activist Tristan Anderson, approximately 100 Palestinians, Israelis, and internationals gathered for the weekly demonstration in Ni’lin to claim justice for Tristan. Anderson, a 38 year old U.S. citizen who was volunteering with the International Solidarity Movement, was hit in the forehead by a high-flying tear gas projectile during a demonstration in Ni’lin last year. The projectile was fired against IOF regulations, as soldiers shot the canisters directly at demonstrators rather than in an arcing fashion. According to the manufacturer of the tear gas canisters, the projectile was designed to penetrate walls and to be used in confined spaces; neither was necessary at the open-air demonstration demonstration in 2009. Tristan sustained serious brain damage, and remains hospitalized in Tel Aviv, his condition too serious for him to be moved home to the US.

In Ni’lin, midday prayers took place in the shade of olive trees, creating a picturesque setting. Afterwards, demonstrators marched firmly through the fields towards the metal gate in the concrete Apartheid Wall, while chanting and holding banners supporting Tristan. Three farmers brought their donkeys along in hopes of reach their farming land beyond the Apartheid Wall.

Protest against the apartheid wall, Nilin, Palestine,12/03/2010
Protest against the apartheid wall, Nilin, Palestine,12/03/2010
Ni’lin has lost about a third of its land to illegal Israeli settlements and the Wall. Only a limited amount of villagers have permission to access their lands behind the Wall, most of them elderly persons who do not have the physical capacity to farm. On Friday, all farmers were denied access to their land. While the crowd was overtaken by a viciously strong tear gas attack, soldiers passed through the gate. One of the farmers was brutally separated from his young son and arrested. Simultaneously, an Israeli activist was arrested while taking pictures.

After approximately 15 minutes the army invaded the village to surround the demonstrating crowd, plaguing the crowd with tear gas and sound grenades. The demonstrators approached the Wall again, holding up banners and chanting, which was answered by the army with more ammunition aimed directly at them. Clashes between the IOF and demonstrators continued for two hours until the army withdrew from the village.

Background on Nil’in:

Israel began construction of the Wall on Ni’lin’s land in 2004, but stopped after an injunction order issued by the Israeli Supreme Court (ISC). Despite the previous order and a 2004 ruling from the International Court of Justice declaring the Wall illegal, construction of the Wall began again in May 2008. Following the return of Israeli bulldozers to their lands, residents of Ni’lin have launched a grassroots campaign to protest the massive land theft, including demonstrations and direct actions.

The original route of the Wall, which Israel began constructing in 2004, was ruled illegal by the ISC, as was a second, marginally less obtrusive proposed route (http://www.poica.org/editor/case_studies/view.php?recordID=622). The most recent path, now completed, still cuts deep into Ni’lin’s land. The Wall has been built to include plans, not yet approved by the Army’s planning authority, for a cemetery and an industrial zone for the illegal settlement Modi’in Ilit.

Since the Wall was built to annex more land to the nearby settlements rather than in a militarily strategic manner, demonstrators have been able to repeatedly dismantle parts of the electronic fence and razor-wire surrounding it. Consequently, the army has erected a 15-25 feet tall concrete wall, in addition to the electronic fence. The section of the Wall in Ni’lin is the only part of the route where a concrete wall has been erected in response to civilian, unarmed protest.

As a result of the Wall construction, Ni’lin has lost 3,920 dunams, roughly 30% of its remaining lands. Originally, Ni’lin consisted of 15,898 dunams (3928 acres). Post 1948, Ni’lin was left with 14,794 dunams (3656 acres). After the occupation of the West Bank in 1967, the illegal settlements and infrastructure of Modi’in Ilit, Mattityahu and Hashmonaim were built on village lands, and Ni’lin lost another 1,973 dunams. With the completion of the Wall, Ni’lin has a remaining 8911 dunams (2201 acres), 56% of it’s original size (http://www.poica.org/editor/case_studies/view.php?recordID=1366).

Ni’lin is effectively split into 2 parts (upper and lower) by Road 446, which was built directly through the village. According to the publicized plan of the Israeli government (http://www.haaretz.com/hasen/spages/819633.html), a tunnel will be built under road 446 to connect the upper and lower parts of Ni’lin, allowing Israel to turn Road 446 into a segregated-setter only road. Subsequently, access for Palestinian vehicles to this road and to the main entrances of upper and lower Ni’lin will be closed. Additionally, since the tunnel will be the only entryway to Ni’lin, Israel will have control over the movement of Palestinian residents.

Israel commonly uses tear-gas projectiles, rubber coated steel bullets and live ammunition against demonstrators.

Since May, 2008, five of Ni’lin’s residents were killed and one American solidarity activist was critically injured from Israeli fire during grassroots demonstrations in Ni’lin.

* 5 June 2009: Yousef Akil Srour (36) was shot in the chest with 0.22 caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital (https://palsolidarity.org/2009/06/7023).
* 13 March 2009: Tristan Anderson (37), an American citizen, was shot in the head with a high velocity tear gas projectile. He is currently at Tel Hashomer hospital near Tel Aviv with uncertain prospects for his recovery (https://palsolidarity.org/2009/03/5324).
* 28 December 2008: Mohammed Khawaje (20) was shot in the head with 5.56mm caliber live ammunition. He died in a Ramallah hospital 3 days later on 31 December 2008 (https://palsolidarity.org/2008/12/3742).
* 28 December 2008: Arafat Rateb Khawaje (22) was shot in the back with 5.56mm caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital (https://palsolidarity.org/2008/12/3714).
* 30 July 2008: Yousef Amira (17) was shot in the head with two rubber coated steel bullets. He died in a Ramallah hospital 5 days later on 4 August 2008 (https://palsolidarity.org/2008/08/3346).
* 29 July 2008: Ahmed Mousa (10) was shot in the forehead with 5.56mm caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital (https://palsolidarity.org/2008/07/3329).

In total, 20 people have been killed during demonstrations against the Wall (https://palsolidarity.org/2009/06/7647).

Israeli armed forces have shot 40 demonstrators with live ammunition in Ni’lin. Of them, 11 were shot with 5.56mm caliber live ammunition and 29 were shot with 0.22 caliber live ammunition.

Since May 2008, 112 arrests of Ni’lin residents have been made in relation to anti-Wall protest in the village. The protesters arrested by the army constitute roughly 9% of the village’s male residents aged between 12 and 55. The arrests are part of a broad politically motivated Israeli campaign to suppress grassroots resistance to the Occupation.

Israeli Army: Bil’in and Ni’lin a Closed Military Zone for a Six Month Period

Popular Struggle Coordination Committee

14 March 2010

Soldier points a gun at the camera as another solder posts fliers in Bil'in.
Soldier points a gun at the camera as another solder posts fliers in Bil'in.

One week after the head of the Israeli Shin Bet threatened to aggravate the repression of the Palestinian popular struggle, a large military force raided the villages of Bil’in and Ni’ilin at 3:30AM this morning. The sole purpose of the raids was to post decrees designating the land between the Wall and the developed area of the villages as closed military zones between 8AM to 8PM every Friday for a period of half a year. The decrees, which came into effect on February 17th, are signed by the recently appointed commander of the Israeli Central Command, Avi Mizrahi, himself. Closed military zone orders are usually signed by a brigade commander, a much lower rank.

Gaby Lasky who represents residents of the villages, said that “This is yet another illegal measure taken by the Army, which makes ill use of its authority in order to suppress dissent and infringe on the already volatile freedom of speech in the Territories. Closed military zone orders are not meant to deal with demonstrations, which are clearly in the civic rather than the military realm”.

Issuing of these decrees happens in the midst of an ongoing persecution campaign against Palestinian activists in an attempt to suppress the rising tide of West Bank popular resistance to the Occupation.

Masked soldier posts flier stating that Bil'in is a closed military zone.
Masked soldier posts flier stating that Bil'in is a closed military zone.

In recent months Israel has carried dozens upon dozens of protest related arrests. Recently, the Army issued a blanket decree forbidding certain cars belonging to Israeli activists from entering the West Bank on Fridays, regardless of who is in them, where they are heading or the purpose of their trip. Seventeen Israeli protesters were also arrested last Friday in the Sheikh Jarrah neighborhood of East Jerusalem after the police declared the demonstration illegal for no apparent reason. Arrests were made despite a clear ruling by the Israeli Supreme Court the previous week stating the importance of allowing protest in the neighborhood.

Additionally, Iyad Burnat, the head of the Bil’in popular committee was summoned to a Shin Bet questioning yesterday, only an hour after he sent out an email titled “The third Intifada is knocking on the door”, which contained reports on various demonstrations and protest activities that took place in the West Bank during the previous week.

West Bank rises up in a new ‘white’ intifada

Donald Macintyre | The Independent

12 March 2010

Under a cloud of tear gas residents of the Palestinian village Nabi Saleh, Israeli and international activists run away during the weekly demonstration against Israeli settlement expansion, in the West Bank village of Nabi Saleh, near the Jewish settlement of Halamish

Ehab Barghouti would not have been at the demonstration at all if his father Asdal had had his way.

Asdal found his son, 14, on the road from their village of Beit Rima and ordered him into the car. “I told him: ‘You shouldn’t go, you’re too young.’ He told me: ‘I want to resist.’ I said: ‘Do you want me to see you on TV?'” But when Asdal stopped at a local garage and went in to talk to the mechanic, Ehab made his escape.

A few hours later he was unconscious in intensive care in Ramallah’s main hospital, a rubber-coated steel bullet having penetrated his skull. He had been standing among a crowd of youths, well inside the nearby village of Nabi Saleh, on a hillside carpeted with the first daisies and wild flowers of spring. Many of the youths were throwing stones at an unfinished house 25 metres away which had been occupied by armed Israeli Border Police some 15 minutes earlier. Shortly after 2.30pm a shot rang out, probably from the window, and Ehab dropped face down on the ground before being carried vomiting and bleeding from the wound above his right eye by four older men to relative safety back up the hill.

Even if freshly promised “proximity talks” between Israelis and Palestinians get under way, they are unlikely to halt the weekly protests that will take place after noon prayers today in some villages and tomorrow in others. The Palestinian Authority did not start the weekly protests that have now spread to more than half a dozen West Bank villages. And it is not leading them. But a supportive Palestinian cabinet statement appeared to adopt their model last month, applauding that: “Peaceful and popular efforts have regained international recognition of the just Palestinian cause and revealed the void Israeli excuses for the construction of settlements and the wall.”

For something is happening in these villages nestling among the rocky hills and olive groves between Ramallah and Nablus. The Israeli military does not accept the classification of the protests as non-violent; most usually end in confrontations between stone-throwing Palestinian youths and armed police and troops. But for the six years of such protests none of the Palestinians, in contrast to the security forces, have carried weapons. If these are the first tentative stirrings of a new uprising, and it is doubtful they can be described as that yet, then they are closer to the beginnings in 1987 of the first intifada, the so-called “war of stones”, than the second, with its bloody record of suicide bombings between 2000 and around 2005. Some commentators have dubbed the protests – and the apparent endorsement of them by the internationally respected Palestinian Prime Minister Salam Fayyad – as the “white” intifada.

Either way the protests, and the Palestinian Authority’s refusal to condemn them, have provoked a strong reaction from Israel’s security establishment. The Israeli newspaper Haaretz reported this week that Israel had warned the PA that if it did not “contain” the protests it would lose co-operation with Israel and there would be more arrests within the West Bank. An unnamed Israeli security official was earlier quoted in the same paper as having told diplomats that the protests constituted an “existential” threat to Israel.

Except for the 10 real injuries (eight to demonstrators and two to photographers), Nabi Saleh last Friday had a flavour of Kabuki about it with Palestinians, supporting international and Israeli activists, and security forces all playing their part. The march of perhaps 100 men, children and a few women started in bright sunshine from the middle of the village. They began their descent along the main street chanting slogans like “National Unity: Fatah, Hamas, PFLP”. They followed the road round to the left, past the petrol station and were still a good 800 metres from the main road (Route 465) separating Nabi Saleh from the Israeli settlement of Halamish when the first tear gas canisters – along, say the protesters, with rubber bullets – were fired by the Israeli forces who had long taken up a position on a hilltop to the right. Some marchers scrambled down the hillside to the right, others retreated back towards the village, while others continued to move forward.

There was perhaps an hour of cat-and-mouse between the youths from Tamimi and the Israeli forces controlling the exits from Nabi Saleh, the former throwing stones that fell short of any target and the latter firing rubber bullets and tear gas canisters (aluminium and rubber) that hit and injured a few protesters before the forces began to advance into the village itself. Three Jeeps advanced slowly up the road behind a white truck carrying a water cannon spraying “skunk”, a foul-smelling substance that leaves its odour for a week in the clothes of anyone who comes into direct contact with it. Taking refuge with perhaps a dozen protesters in the back room of the petrol station you could hear the loud explosion of a stun grenade – and the firing of tear gas and rubber bullets to cover the front Jeep as it was pelted with stones – before it began to move slowly back down the road again.

It seemed all over. But then the forces took over two houses, one the green building from which Ehab Barghouti, still in a coma yesterday, was shot. Pictures taken by The Independent from earlier in the protest show him hanging back from the front lines. But once the forces were inside the house, he was within range and in real danger. According to the Israeli human rights agency B’tselem, the regulation minimum range for firing rubber bullets is 40 metres and such bullets must be fired only at legs and not fired at children. Secondly, it is far from clear why the security forces occupied the house at all. According to Ramzi Tamimi, 33, one of the men who took the inert Ehab back up the hill: “As long as the soldiers stay away from the village and stay at the entrances, nothing happens. They deliberately come to make friction with us.” And beyond this is the fact that the entire protest took place on Palestinian land, land that if the putative peace talks ever had an outcome, would be part of a Palestinian state. For the stated, and of course never reached, destination of the march was a spring a few metres on the other side of Route 465, on what had long been Tamimi land. But the Halamish residents now control the land – and the spring – to the extent that when the villagers tried to cultivate their olive trees last November, they say they were driven away by armed, stone-throwing settlers.

The military says that “rock-throwing is considered a serious offence, placing others at significant risk and endangering both public and regional security.” But in Nabi Saleh the protesters were still marching peacefully, well within the village, and certainly not throwing stones when the military started firing tear gas.

At times the Israeli military has been deploying more lethal ammunition. The more famous and longer-running protests against the separation barrier have been at Nilin and Bil’in (where the IDF has finally decided to modify the route of the barrier so it will swallow up less of the villagers’ land, two-and-a-half years after a court order to do so). At both it has fired .22 live ammunition and high-velocity tear gas projectiles which are intended by their US manufacturers to be used to penetrate walls rather than against open-air crowds. It was one of these that severely wounded the US activist Tristan Anderson in the forehead in Nilin in March 2009 and has left him, after months in an Israeli hospital, with permanent brain damage. Another killed a prominent Bil’in protester Bassem abu Rahmah a month later.

According to the Popular Struggle Co-ordination committee, a loose body linking the local protest organisers, the .22 live bullets – which were proscribed for crowd-control by the military Advocate General in 2001 but reintroduced Operation Cast Lead in Gaza – have killed one demonstrator and injured 28 in Nilin alone since January last year.

Then there are the scores of arrests, frequently at night, including five in Nabi Saleh two days before last Friday’s demo. The arrests – including 112 in Bil’in alone since May 2008 – have worried European diplomats enough for them to form a rota to monitor the military court in Ofer where most of the detainees appear. One day last week – in the additional presence of an official from the US Consulate General – one of the Bil’in protest leaders, Abdullah Abu Rahmah, 39, who has been in military detention since December, was remanded again on a series of charges including a bizarre one of illegal arms possession; the indictment relates to Mr Abu Rahmah’s collection of spent tear gas canisters for an exhibition. As his Israeli lawyer Gaby Lasky told the court, her client was in no different a position from the police in the Negev border town of Sderot who have a collection of exploded Qassam rockets fired from Gaza to show visitors. “Because they are spent, they cannot be addressed as illegal arms,” she patiently explained to the military judge. The case continues.

The military has also sought to move against another notable aspect of the protests, the supportive presence of the left-wing Israeli activists who now regularly join them. The registration numbers of cars entering the West Bank through various checkpoints are checked against those of known Israeli participants. Among the 15 Israelis taking part in Nabi Saleh last week was Jonathan Pollak, a 28-year-old from Anarchists Against the Wall who is media co-ordinator on the joint committee.

For Ayed Morrar, a true Palestinian veteran of unarmed protest in the West Bank, the presence of Israelis is highly positive. “It’s good for our people, and good for them,” he says. Mr Morrar (who was injured by rubber bullets when he took part in the first demonstration in Nabi Saleh in January) is a popular leader in Budrus, where the villagers managed to change the route of the barrier at a time when suicide bombing was at its height and popular unarmed protest much criticised by Palestinian militants. Mr Morrar has spent six years in an Israeli prison as a Fatah activist (even though he never participated in armed violence) but now charges both Fatah and Hamas with being more interested in the sometimes bloody rivalry with each other than the national cause. His credo is to “apply all the sources of pressure on the occupation except killing. It is forbidden to decide to kill, to try to kill or to kill.” Arguing the Palestinians needs the international community on its side, he adds: “We want to show we are not against Jews, not against Israelis. We are against the occupation.”

State to reinvestigate wounding of U.S. activist

Cnaan Liphshiz | Ha’aretz

12 March 2010

The state this week agreed to reinvestigate the 2009 near-fatal wounding of American pro-Palestinian protester Tristan Anderson in the West Bank, after his lawyer complained that the discontinued probe of the case was “negligent.”

“We will reexamine the decision to close the case of Tristan Anderson,” Justice Ministry spokesman Ron Roman told Anglo File. He said this after receiving an appeal from the lawyer of the 38-year-old American, who remains in critical condition at the Sheba Medical Center after police seriously injured him in the head exactly one year ago during a demonstration.

The ministry decided in December to close its investigation into Anderson’s injury after its probe produced “a lack of criminal culpability.” Anderson, a Californian, was hit in the forehead on March 13, 2009 by a tear gas canister fired by a border policeman in the village of Na’alin during a demonstration against Israel’s contested separation fence.

“The investigation conducted was characterized by severe omissions,” attorney Michael Sfard wrote on Tuesday to the central district attorney’s office, in an appeal against the decision to close the case. The appeal by Sfard, an international human rights lawyer representing the family, was based on his own shadow investigation of the incident.

In deciding to close the case, the Justice Ministry’s investigation team “failed altogether to visit the scene of the incident or even view it from a nearby location in order to familiarize itself with it,” Sfard said. “Border Police officers responsible for Tristan’s injury were not questioned at all,” he added.

The ministry would not comment on this assertion, citing the ongoing investigation. The Border Police also declined to comment.

According to both the ministry’s probe and Sfard’s own investigation, Anderson was hit at around 4 P.M. near a mosque, at the same time as Border Police officers were dispersing stone throwers in the village with tear gas. But Sfard’s probe showed that although there were several Border Police squads in the area, the ministry’s team only questioned one squad, which was busy dispersing the demonstrators from its position near a cellular antenna. Sfard says that the soldiers of this squad could not have fired the canister that hit Anderson because the officers did not have a line-of-sight to Anderson.

“This constitutes severe negligence in the work of the investigation team, which went astray following the mistaken assumption that Tristan was injured by shots fired by the squad positioned on ‘Antenna Hill’, not even bothering to question the other squads, despite clear indications that [one of the other squads] fired the shot,” Sfard’s appeal reads.

The shadow investigation by Sfard traces the “mistaken assumption” to the fact that the squad questioned admitted to injuring a protester who was evacuated from the scene. However, this was not Anderson, according to Sfard. The investigators could have “discovered that there was another injured person at that same incident – and that this person was injured from the fire of a different squad than that which hit Tristan,” Sfard went on to write in the appeal.

A Swedish member of the International Solidarity Movement told Anglo File that the shooting was unprovoked. “The policeman approached from behind a building when everything was quiet,” said the activist while still in Israel a few months ago, who identified himself only as John because he works for the Swedish government. John, 30, added he was 30 meters away from Anderson at the time. The policeman who fired the canister was 60 meters away, he said.

Avi Biton, the spokesperson for the border police’s Judea and Samaria district, declined to comment on this, citing the investigation in progress. “This occurrence could have easily been avoided had demonstrators showed more respect for Israeli law regarding protests, Israel’s troops’ safety and Israeli taxpayers’ property,” Biton said.

The impact of the projectile that hit Anderson caused condensed fractures to his forehead and right eye socket. Part of his right frontal lobe had to be removed, and a brain fluid leakage was sealed using a tendon from his thigh.

The case, according to Ron Roman from the Justice Ministry, has been transferred to a ministry appeal committee in Jerusalem, which “will look into the facts in an earnest manner and may reverse the decision to close the case if it finds the evidence compelling.”