Prohibit live fire in circumstances that are not life-threatening in the West Bank

B’Tselem

18 June 2009

On Friday, 5 June 2009, ‘Aqel Sror, 35, was killed when a border policeman fired a live, 0.22 inch caliber bullet at his chest during a demonstration held in Ni’lin. Four other demonstrators were injured by 0.22 bullets that day. One of them suffered a severe wound to the spinal cord, which his physicians estimate will leave him permanently paralyzed.

B’Tselem’s investigation indicates that Sror, who was part of a group of youths who were throwing stones at border policemen, was shot while he ran to aid a young man who had been injured a few seconds earlier. The shot was fired by a Border Police sniper, from a distance of 40 to 50 meters away. Sror and the injured person whom he had gone to aid were struck in their torsos. B’Tselem demanded a criminal investigation in the matter.

0.22 bullets are live ammunition that used to be fired from a Ruger rifle. Their impact may be lower, but they do cause injury, at times very serious, and even death. For this reason, the former Judge Advocate General, Maj. Gen. Menachem Finkelstein, ordered that use of these bullets stop. The order was given in 2001 after several children in the Gaza Strip were killed by this ammunition, and after OC Central Command had already prohibited its use. At the time, Ha’aretz quoted an army official who saying that “the mistake was that the Ruger came to be seen as a means to disperse demonstrators, although it was originally intended to be a weapon to all intents and purposes.”

Surprisingly, a few months ago, the army returned to using this ammunition to disperse demonstrators, without giving any explanation for this sudden change in policy and without taking any measures to prevent the expected injury to civilians. Indeed, since then, 0.22 bullets have killed or injured many Palestinians in the West Bank, and also at least one foreigner. In February, ‘Az a-Din al-Jamal, 14, was killed in Hebron when after throwing stones with other youths. B’Tselem also knows of persons who were injured in Ni’lin, Bil’in, Jayyus, Bitunya, and Budrus. Most of the victims were struck in the legs, suffering light to moderate injuries.

Following the renewed use of 0.22 bullets, B’Tselem wrote to the Judge Advocate General in March warning of the potential danger lives in use of this ammunition to disperse demonstrations. The response of Maj. Yehoshua Gortler, of the Judge Advocate General’s Office, was received only in June, after ‘Aqel Sror was killed, and after another letter from B’Tselem.

In his response, Major Gortler states that the rules applying to 0.22 bullets are “comparable, in general, to the the Open-Fire Regulations applying to ‘ordinary’ live ammunition… The IDF does not consider the Ruger rifle a means to disperse demonstrators or persons engaged in public disturbances, and the weapon is not a substitute for means used to deal with public disturbances (such as stun grenades, rubber bullets, and so forth).”

This response does not reflect the reality in the field. B’Tselem’s observations at demonstrations in Ni’lin clearly indicate that security forces have consistently used 0.22 bullets since the end of 2008, and that they see them as an additional means to disperse demonstrators.

First, following the killing of ‘Aqel Sror, the IDF Spokesperson himself stated that soldiers had fired at demonstrators with a Ruger rifle, “which is a means to disperse demonstrators that fires ammunition similar to live ammunition but at low intensity.”

Second, soldiers frequently use 0.22 bullets along with other crowd-dispersal means, such as tear gas and stun grenades. This conduct indicates that soldiers in the field and their commanders see 0.22 bullets as one of the means available to them for dispersing demonstrators.

Third, soldiers often do not have any weapon suited to shooting rubber-coated metal bullets, which are intended for crowd dispersal. Rather, they only have 0.22 bullets. This situation is reflected in the number of demonstrators wounded by these bullets in Ni’lin: since the army renewed use of these bullets, at least 28 demonstrators have been injured.

Fourth, analysis of the repeated use of 0.22 bullets in demonstrations in Ni’lin clearly demonstrates that, in the vast majority of cases, neither soldiers nor other persons were in life-threatening situations, which is the only case in which it is permitted to use live ammunition.

In its letters to the Judge Advocate General, B’Tselem noted that treating 0.22 bullets as a means for dispersing demonstrators has led security forces to see this ammunition as non-lethal and harmless, whose use does not have be restricted. Accordingly, forces have increased use of it and have begun to fire it in non-life-threatening situations.

This incorrect perception is especially dangerous because soldiers are almost never held accountable for illegal use of weapons. The lack of accountability results from the Judge Advocate General’s Office’s policy of not opening Military Police investigations in cases in which Palestinians are killed or wounded, except in rare circumstances in which the operational investigation, made by the same soldiers who caused the injury, raises a suspicion of criminal conduct. This policy has led to very few investigations, and consequently grants impunity to soldiers who breach the law.

B’Tselem demands that the army immediately cease use of 0.22 ammunition in circumstances that are not life-threatening, and that measures be taken against members of the security forces who have opened fire in breach of the regulations, causing death or injury to civilians.

Ni’lin residents demonstrate against the Apartheid Wall

12 June 2009

Ni'lin demonstrators tear down barbed wire surrounding the Apartheid Wall.
Ni'lin demonstrators tear down barbed wire surrounding the Apartheid Wall.

Approximately 100 Palestinian, Israeli and international solidarity activists gathered today in the village of Nil’in. The atmosphere was charged following last week’s murder of Yousef Akil Srour, and demonstrators were unsure of the force that would meet them as they marched towards the Apartheid wall.

50 meters before reaching the razor wire fence that charts the intended route of the separation wall, which parts villagers from their fields, Israeli forces began firing tear gas. While those with children ran from the ensuing gas, others continued down towards the fence, yelling in Hebrew to the soldiers ‘Go home’. The group immediately dispersed and people fanned out along the ridge that runs alongside the road and razor wire. In one area youths were able to dismantle a section of the fence spanning four meters as others threw rocks onto the fence below.

There was a huge soldier presence, with more than 12 army vehicles, although they maintained a distance they shot multiple tear gas canisters (16 fired per round) from atop of the jeeps. At one point a few soldiers advanced on foot, leaving the road through a small gate, allowing them to shoot from a closer proximately. At times, they would shoot the tear gas canisters from three directions at once, making it impossible for demonstrators to reach safety.

While a few protesters were hit by tear gas canisters, no one was seriously injured. The protest ended earlier than normal, as people returned to the village fearing that the army was going to move in.

However as the army did not enter the area, the demonstration ended with a memorial for Yousef Akil Srour.

To date, Israeli occupation forces have murdered five Palestinian residents and critically injured 1 international solidarity activist during unarmed demonstrations in Ni’lin.

  • 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.
  • 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.
  • 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.
  • 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.

In total, 35 people have been shot by Israeli forces with live ammunition: 7 were shot with 5.56mm caliber live ammunition and 28 were shot with 0.22 caliber live ammunition.

Since May 2008, residents of Ni’lin have been organizing and participating in unarmed demonstrations against construction of the Apartheid Wall. Despite being deemed illegal by the International Court of Justice in 2004, the Occupation continues to build the Wall, further annexing Palestinian land.

Ni’lin will lose approximately 2,500 dunums of agricultural land when construction of the Wall is completed. Ni’lin consisted of 57,000 dunums in 1948, was reduced to 33,000 dunums in 1967, is currently 10,000 dunums and will be 7,500 dunums after completion of the Wall.

Additionally, a tunnel for Palestinians is being built underneath road 446. This tunnel will allow for the closure of the road to Palestinian vehicles, turning road 446 into an Israeli-only road. Ni’lin will be effectively split into 2 parts (upper Ni’lin and lower Ni’lin), as road 446 runs between the village. The tunnel is designed to give Israeli occupation forces control of movement over Ni’lin residents, as it can be blocked with a single military vehicle.

‘Tear gas is an emotional state’

Iris Leal | Ha’aretz

11 June 2009

The three days of mourning over the death of Yusuf “Akal” Srour, who was shot at close range on Friday during a demonstration against the separation fence in Na’alin, ended Tuesday. Srour was shot when he tried to help another demonstrator who had been hurt by the soldiers’ fire. The condition of that demonstrator, a boy of 15 from the village of Na’alin, is still serious. He underwent surgery and one of his lungs was removed.

In the past year there have demonstrations in Na’alin every Friday. In neighboring Bil’in, the residents have been demonstrating since 2005, when the construction of the barrier on their land began. In spite of a High Court of Justice ruling on September 4, 2007, which proposed that, within a reasonable period of time, a plan be considered to reroute existing and planned sections of the fence to reduce harm to the villagers, with preference to be given to construction on state land; and despite a subsequent ruling, after nothing was done, declaring that security considerations do not justify maintaining the route along its present line, and ordering the respondents to act on the court’s decisions without delay – the fence is still in the same place, separating the village from its land.

On the way to Na’alin, from Highway 443, one can observe the dance of the unattractive cranes that are industriously building the city of Modi’in. From the Shilat junction, one can see the depressing results of construction beyond the Green Line. It is hard to describe the ugliness of the new neighborhood there, Matityahu East, and upsetting to think about Modi’in Ilit, to which it belongs. Suffice it to say that this is misanthropic architecture, inhospitable to its residents, who are large ultra-Orthodox families, and to its rocky surroundings as well.

It is even harder to grasp that from the land on which these huge stone boxes with their fiberglass balconies are now sprouting, only four and a half years ago silvery olive trees and apricot trees grew – the livelihood of farmers from neighboring Bil’in, who now have the separation fence stuck in their throats.

It’s noontime on Friday, and most of the village residents are still at the mosque, in the midst of prayers. A large sign demands of the president of the United States, in English: “Have a look.”

One can only guess what the locals expect Barack Obama to see, the day after his speech in Cairo: perhaps the separation fence that passes through the backyard of a home, the agricultural land that lies on the other side, or the fresh grave of Bassem Abu Rahmeh, who was killed by a gas grenade that hit him during a regular Friday demonstration a month earlier. Palestinian flags and a tiny palm tree adorn his grave in the plot of the shaheed (martyrs) in the center of the village. Children energetically engaged in commerce momentarily stop selling cups of coffee and bracelets embroidered with the Palestinian flag, to tell people gathering next to the wall, before the weekly Bil’in demonstration, the story of Abu Rahmeh’s death in three languages.

Information begins to be exchanged as an essential part of the preparations. Haaretz photographer Tomer is delighted to see his friend Oren, who is setting up his own photographic equipment. Tomer has heard that they have improved the quality of the tear gas. Oren then tells him about the new device that fires 64 tear-gas grenades at once. And what about the stink bomb? Tomer has been talking about it all the way to Bil’in because he’s heard that it’s impossible to get rid of the stench for days – only immersion in the sea helps somewhat. But his friend who goes to either Bil’in or Na’alin every week and is therefore an authority on the matter, says he has not encountered it.

‘Goodbye Bassem’

Across the way, at the entrance to the grocery store, sits Abdullah Abu Rahmeh, who introduces himself to me as the “coordinator of activities of Bil’in’s Popular Committee Against the Wall and the Settlements.”

“Yesterday was great,” he says without enthusiasm. “People came from all over the territories, they came from Jenin, from Hebron, to send a message to Obama that we want deeds and not words.”

A practical man, tall and mustachioed, he wears a shirt that says “Goodbye Bassem,” with a picture of the dead man in terra-cotta hues.

From the direction of the mosque Mohammed Khatib approaches. He takes a stool and crowds in next to us in a small patch of shade, particularly precious during the hot midday hours. He has played a substantial part in the prolonged media coverage of Bil’in’s struggle against the separation fence. Indeed, one could say that Khatib is the dramaturge of the struggle, the one who comes up with the theme of the protest processions. During the Soccer World Cup three years ago, they wore the uniforms of soccer teams; on Christmas, they dressed up as Santa Claus. Occasionally the demonstrators have tied themselves to olive trees, while at other times they entered the tanks that supply the village with water – a reference to the popular story by Ghassan Kanafani “Men Under the Sun.” Khatib is a person who succeeds in maintaining his good spirits even on terrible days, as this one will be in the end.

The imam is reaching the end of his sermon and soon the procession will set out, as it does every Friday. I ask Khatib if he is nervous.

“Each time we go to a demonstration, we’re never sure we’ll return to our families,” he replies calmly, “although it’s not a violent demonstration and although there is a specific order not to shoot with live fire. In the end it’s their finger on the trigger. I was next to Bassem a month ago, it could have been me. We clearly understand that we are living very close to death and are getting closer to it all the time.”

Khatib’s prosaic manner is highly polished and he excels at creating dramatic moments – a talent I can appreciate, although at the same time I am wary of it: the exaggeration, the love of spectacle and the longing for the impossible constitute the necessary romantic foundation for struggles of this kind.

Equipped with bottles of water, we set out: A huge loudspeaker is perched on the back of a pickup truck, broadcasting praises of the latest shaheed. Palestinian flags are flying high. I march alongside Talila, Bassem’s friend, who has been coming here every week for the past two years. And then it is revealed to us in all its glory – the separation fence, a lattice of iron behind which Israel Defense Forces soldiers are patrolling while waiting for the weekly encounter. Beyond them, as if in defiance, are the agricultural fields of contention.

“You can’t get to your lands at all?” I ask Basman Yassin, a farmer who shows an interest in my yellow notebook and the pen hovering above it. He says that in theory, with the proper permits – which are a pain in the neck to obtain – there is access to the land, but in practice it is often denied for prolonged periods. Crops do not tolerate caprices, they demand regularity.

What is a regular feature here, however, is the following ritual: A barrage of gas grenades is fired at the people leading the procession while they are still a considerable distance from the fence. A double “tak-tak” sound and after it a murmur, like when the air is let out of a tire. One such sound signals the use of a rubber bullet, like the one a boy gets in his leg that day. Thus, without any provocation and in a single moment – and it’s hard to understand what sets it apart from all the moments that preceded it – a white cloud that smells like a discharged cap gun and tastes bitter descends upon the dirt path and the protestors.

“Tear gas is an emotional state,” explains Khatib, his eyes red and teary. “The most important thing is to become emotionally strong.”

We decide to approach the fence from the right side, in order to speak to the soldiers, and so we cross the olive grove. Through my gas mask, the situation becomes even more conflicted: Who are the men in uniform, whose rubber bullets and stun grenades and tear gas are scaring me, and why are they speaking to me in Hebrew?

“Hey, bro’,” shouts Tomer, the photographer. “Why are you throwing a stun grenade – don’t you see I have a camera?”

“We didn’t notice,” comes the answer.

At this same time, the army is making widespread use of weapons in Na’alin. “They arrived before prayers and tried to take over a building with dozens of gas grenades,” Yonatan Pollack, founder of Anarchists Against the Fence, tells me the next day. “There were clashes that calmed down when the Friday prayers began. As soon as the procession set out, at a distance of a kilometer from the fence, the army began to attack from inside the village.”

According to Pollack, live fire, the use of which is restricted to certain situations, was used.

Back in Bil’in, we are refreshing ourselves with cans of cola when Khatib informs us: “There’s a shaheed in Na’alin.”

Later I ask Khatib: What’s the story of the water tanks and “Men Under the Sun”?

“Ah,” he says, “it’s the story of a Palestinian refugee who is looking for work, and for that purpose tries to sneak over the border between Iraq and Kuwait. Together with another three men, he hides in water tanks being delivered by a truck. It’s the desert, in mid-July. The truck driver is stopped for questioning at the border. While he is trying to allay the suspicions of the soldiers, the men suffocate from the heat inside the tanks and die.

“They didn’t dare bang on the sides of the tank, or call for help, because they were afraid of being caught,” says Khatib, explaining the moral of the story. “But we refuse to die quietly.”

Iris Leal’s most recent book, “Home Fires Blazing” (in Hebrew), was published by Kinneret Zmora Bitan.

Israeli forces kidnap two Ni’lin residents

11 June 2009

In the early hours of Thursday morning, at 2.15am, the Israeli army invaded the village of Ni’lin and kidnapped two young men from their family homes. Mohammad Waed Khawaja (22), and Mohammad Ratib Khawaja (20), were each forcibly arrested, blindfolded, handcuffed, and taken away.

The soldiers arrived on foot from the nearby fields and simultaneously surrounded the houses before entering. The army arrived at the house of Mohammad Waed Khawaja, with their faces painted black, and screamed his name ordering him to come out. Before the family could respond, the army smashed the windows and the entrance door of the house and 11 soldiers forcibly entered, with 30 remaining outside. The 13 members of the family were woken up, harassed and forced into one room of the house. The terrified family attempted to question why Mohammad was being arrested but the soldiers refused to respond. Twenty minutes after the soldiers entered, they left with Mohammad who was blindfolded and handcuffed and led away through the field on foot.

At the house of Mohammad Ratib Khawaja, one of his sisters heard the soldiers arriving and alerted the family. To prevent the soldiers causing damage to the door, it was opened by the family and they employed the same tactics, forcing the family into the living room and searching the lower apartment of the house. The soldiers then went to the second floor where Mohammad lives with his heavily pregnant wife and interrogated him alone for 10 minutes. Once again, the soldiers refused to give any reason to the family for the invasion and arrest of Mohammad, who was also subject to blindfold and handcuffs. According to the neighbours, the soldiers had been searching the area previous to the invasion of the house.

According to the family of Mohammad Ratib Khawaja, he was taken Ofer prisoner camp, outside Ramallah, where the inmates are held in tents. It is unknown where Mohammad Waed Khawaja was taken.

These arrests are just the latest of many arrests in Ni’lin, where it is commonplace for the army to invade during the night and harass residents. According to Adalah, The Legal Center for Arab Minority Rights in Israel, there were 11,000 Palestinian prisoners held in Israeli jails as of April 2008.

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.