Early release of Tom Hurndall’s killer symptom of wider Israeli crimes

20 July 2010

Tom Hurndall shortly before he was shot and killed.
Tom Hurndall shortly before he was shot and killed.

FOR IMMEDIATE RELEASE

Correction appended

The International Solidarity Movement (ISM) condemns the early release from prison of the Israeli soldier that murdered photography student and ISM volunteer Tom Hurndall in Gaza in 2003. The Israeli press yesterday reported that Taysir Hayb will be released three years early from an already short eight-year sentence.

His murder was only a symptom of a much wider culture of impunity in the Israeli army. This early release serves to reinforce the notion that the Israeli army can continue to commit war crimes against Palestinians without fear of serious consequences.

Tom’s mother Jocelyn Hurndall told ISM London that: “this reduced sentence comes at a time when the world is becoming more sceptical about Israel’s investigations into its own actions. It’s a reminder of Israel’s disregard for international law and opinion.”

When Hayb was sentenced in 2005, human rights activist, Raphael Cohen, who was with Tom on the day of the shooting said, “On the very street where Tom was shot, two children had been shot just days before. This is why he and the rest of the group went to that spot, to protest against the shooting of children as they played outside their homes. There has never been any investigation into the shootings of those children.”

To this day, there has still been no investigation of these deaths or of the thousands of other Palestinian civilians killed by Israeli soldiers. Only last month in Jerusalem Ziad Joulani, 41, a Palestinian shopkeeper and father of three with no criminal record or history of political activism, was killed when Israeli police opened fire as he got out of his car. [1] His killing is not being investigated.

Tom’s family had to fight hard to achieve even the eight-year manslaughter conviction that they won in 2005, against a system of Israeli obfuscation and lies, and an indifferent British government. In a statement yesterday the Foreign Office merely said: “We note the court’s decision to release Taysir Hayb and recognise the grief this decision will cause to the Hurndall family,” describing the deliberate act of murder as “a tragedy”.

Tom’s father Anthony hit back in the Guardian today, condemning this as a “weak response” by the British government, and demanding to meet with ministers. He said: “I would like them to say that this is not just a tragedy but that the Israeli government is directly responsibile for Tom’s death and should acknowledge this and take steps to put matters right by changing policies to ensure that civilians are not shot or killed indiscriminately.”

Israel did not even bother to inform the Hurndall family in advance of the news reaching the Israeli press, and Tom’s sister Sophie only learnt the news when ISM London contacted her yesterday.

Hayb shot Tom in the forehead with a high velocity bullet using a rifle with a telescopic sight, while he attempted to rescue Palestinian children in Gaza from Israeli gunfire. According to an Observer report from the 2005 trial, Hayb was “an award-winning marksman”. [2] Tom never regained consciousness, dying nine months later in a London hospital at the age of 22.

Jewish nurse and peace activist Alice Coy, who saw Tom shot, said Hayb was only part of “a culture of impunity in which generations of Israelis are taught that Arabs hate them and are subhuman. They are then given guns and they know they can get away with killing Palestinians. The occupation and aggression of Zionist policy is harming ordinary Israelis as well as Palestinians.”

Amnesty International says that: “The shocking truth is that Israeli soldiers kill civilians in Gaza with near-total impunity, week in week out” [3]

B’Tselem, the Israeli human rights organisation, report that “From the beginning of the [second] intifada, on 29 September 2000, to the end of 2008 (not including Operation Cast Lead in Gaza, which began on 27 December), [Israeli] security forces killed more than 2,200 Palestinians who were not taking part in the hostilities at the time they were killed. However, a Military Police investigation was opened in only 287 cases of suspected illegal shooting by security forces. This number includes investigations into cases in which civilians were wounded. Only 33 of these investigations resulted in the filing of indictments” [4]

Israeli human rights group Yesh Din clarifies that of these, Haib is the only soldier to have been convicted for an offence causing death: “From the beginning of the second intifada until the end of 2009, Courts-Martial convicted soldiers of offenses connected with the deaths of only four civilians: three Palestinians and one British national. One soldier was convicted of manslaughter, and he was the only one convicted of an offense of causing death. Four other soldiers were convicted of offenses of negligence.” [5]

For more information:
Alice Coy, UK: +44 7828 540512
ISM Media Office, Ramallah: +972 59 760 6276  or  +972 2 241 0604
ISM London: +44 7913 067 189

References
[1] “Family of Palestinian driver killed by police demands investigation”. LA Times online, 14th June 2010 http://latimesblogs.latimes.com/babylonbeyond/2010/06/israel-family-of-palestinian-driver-killed-by-police-demands-investigation.html

[2] “Parents fight to learn why Israeli sniper shot their son”. Observer, 30th January 2005 http://www.guardian.co.uk/world/2005/jan/30/israel

[3] “Hurndall case: Israeli military forces still kill civilians with ‘near-total impunity’” Amnesty International statement, 7th October 2008 http://www.amnesty.org.uk/news_details.asp?NewsID=17897

[4] “Military Police investigations during the al-Aqsa intifada” B’Tselem http://www.btselem.org/English/Accountability/Investigatin_of_Complaints.asp

REVISION, 21st July: The initial version of this press release erroneously stated that Ziad Joulani had been shot “last week”. In fact he was killed on the 14th of June, as stated in the text of our reference. This online version has been revised to read “last month”. The final paragraph with the Yesh Din figures on convictions was also added.

We must not renege on war crime laws

The Guardian

16 January 2010

We are shocked at suggestions by the Foreign and Commonwealth Office minister Ivan Lewis and foreign secretary David Miliband that Britain may consider changing its laws to avoid any future attempts to prosecute suspected war criminals, Israeli or otherwise. The UK must not renege on its international treaty obligations, particularly those under the fourth Geneva convention to seek out and prosecute persons suspected of war crimes wherever and whoever they are, whatever their status, rank or influence, against whom good prima facie evidence has been laid. We reject any attempt to undermine the judiciary’s independence and integrity. A judge who finds sufficient evidence of a war crime must have power to order the arrest of a suspect, subject to the usual rights to bail and appeal.

The power to arrest individuals reasonably suspected of war crimes anywhere in the world should they set foot on UK soil is an efficient and necessary resource in the struggle against war crimes, and must not be interfered with (Report, 6 January). Nor should the government succumb to pressure from any foreign power to alter this crucial aspect of the judicial process. We urge the government to state clearly that it will not alter the law on universal jurisdiction and will continue to allow victims of war crimes to seek justice in British courts.

John Austin MP

Katy Clark MP

Frank Cook MP

Jeremy Corbyn MP

Ann Cryer MP

Paul Flynn MP

Neil Gerrard MP

John Hemming MP

Paul Holmes MP

Kelvin HopkinsMP

Brian Iddon MP

Lynne Jones MP

Tom Levitt MP

Martin Linton MP

Bob Marshall-Andrews MP

Gordon Prentice MP

Linda Riordan MP

Terry Rooney MP

Baroness Jenny Tonge

Baroness Lindsay Northover

Bob Russell MP

Clare Short MP

Phyllis Starkey MP

Sir David Steel

Sandra White MSP

Derek Wyatt MP

Tayab Ali, Partner, Irvine Thanvi Natas Solicitors

Sir Geoffrey Bindman

Richard Burgon, solicitor

Daniel Carey, Public Interest Lawyers

Ian Cross, solicitor

Jim Duffy, Public Interest Lawyers

Shauna Gillan, barrister, 1 Pump Court

Andrew Gray, solicitor

Tessa Gregory, Public Interest Lawyers

Beth Handly, Partner, Hickman and Rose solicitors

Michael Hagan, solicitor

Michelle Harris, barrister, 1 Pump Court

Susan Harris, solicitor

Jane Hickman, Partner, Hickman and Rose solicitors

Sam Jacobs, Public Interest Lawyers

Salma Karmi-Ayyoub, barrister

Paul Kaufman, solicitor

Aonghus Kelly, Public Interest Lawyers

Daniel Machover, Chair of Lawyers for Palestinian Human Rights

Michael Mansfield QC

Anna Mazzola, Partner, Hickman and Rose solicitors

Sarah McSherry, Partner, Christian Khan solicitors

Clare Mellor, solicitor

Karen Mitchell, solicitor

Simon Natas, Partner, Irvine Thanvi Natas solicitors

Sophie Naftalin, Lawyers for Palestinian Human Rights

Mary Nazzal-Batayneh, Human Rights Legal Aid Fund

Henrietta Phillips, solicitor

William Seymour, solicitor

Navya Shekhar, solicitor

Phil Shiner, Public Interest Lawyers

David Thompson, solicitor

Paul Troop, barrister

Mohammed Abdul-Bari, Secretary-General, Muslim Council of Britain

Anas Altikriti, British Muslim Initiative

Lindsey German, Stop the War Campaign

John Hilary, Director, War on Want

Kate Hudson, Chair, CND

Betty Hunter, General Secretary, Palestine Solidarity Campaign

Dan Judelson, Jews for Justice for Palestinians

Hugh Lanning, PCS Deputy General Secretary

John McHugo, Chair, Liberal Democrat Friends of Palestine

Gerry Morrissey, General Secretary, BECTU

Tony Woodley, Joint General Secretary, UNITE.

Kate Allen, Director, Amnesty International UK

Jackie Alsaid LLM

Rachel Bowles

Prof Haim Bresheeth

Dale Egee

Sarah El-Guindi

Deborah Fink

David Halpin

Sharif Hamadeh

Samira Hassassian

Professor Ted Honderich

Victor Kattan

Asad Khan

Miriam Margolyes

Professor Nur Masalha

Professor Steven Rose

Professor Jonathan Rosenhead

Andrew Sanger

Dr Aisha Sarwar

Tareq Shrouru

Tony Woodley, UNITE Joint General Secretary

Gaza Freedom March activists refuse to be silent!

Action for Peace

31 December 2009

The Italian delegation of Action for Peace at the Gaza Freedom March walked today in the streets of Cairo with all other delegations in solidarity with the Palestinian people, to call for an end of the siege on Gaza, the end of the Israeli occupation, the respect of international law and human rights. Even though the march was immediately stopped and some activists were injured by the Egyptian police, we succeeded in organizing a sit-in for about 8 hours in the square of the Egyptian Museum, that became today the Gaza Freedom Square. At midnight we gathered again in Tahrir Square to write our solidarity to Gaza with candels on the ground.

We came to Egypt with the goal of entering Gaza and breaking the siege through a nonviolent demonstration but we were prevented even from reaching the border. The government allowed a delegation of 100 people to enter Gaza in order to bring humanitarian aid, certainly a positive act, but we are here for much more. The people of Gaza do not ask for simple humanitarian assistance but for political action against the siege, which is the cause of the humanitarian crisis in the strip. Border control can be exercised by Israel and Egypt without harming the basic needs and the freedom of movement of the people of Gaza.

We urge the international community to take action after the Goldstone report released by the UN HRs Committee on the war crimes of Israel in the Cast Lead military attack on Gaza one year ago. Impunity cannot be tolerated. We denounce the attempt of the Egyptian government to differentiate between the “good activists” who accepted to bring humanitarian aid and the “bad ones” who insist on the political message of the march against the bockade. We are not devided, we all stand together for the end of the siege, the freedom and unity of the Palestinian people, a just peace in Middle East.

The Gaza Freedom March continued in the streets of Cairo today, while about 1000 people marched in Israel and 500 in Gaza on the two sides of the Eretz border check-point. Other hundreds participated in demonstrations in Ramallah, Bethlehem and other towns in the West Bank, besides the protests organized in many Eropean and American cities. We succeeded in concentrating attention of the international media on Gaza in the anniversary of the tragic militay attack on the strip. The people of Gaza know that they are not alone. May 2010 bring the end of the blockade and justice and pece for the people of Palestine!

New Yorkers demand that Egypt and Israel open Gaza border

Adalah-NY: The Coalition for Justice in the Middle East

31 December 2009

Sixty human rights advocates protested outside Egypt’s Mission to the United Nations today to demand that Egypt open its border with the Gaza Strip. The New York protest came as Egyptian riot police in Cairo surrounded and assaulted hundreds of international activists who had been prevented by Egyptian authorities from entering the Gaza Strip. The international activists had planned to protest in Gaza against Israel’s siege as part of the Gaza Freedom March. Following the demonstration at the Egyptian Mission, the New York City protesters marched to the Israeli consulate chanting, “Free Gaza Now”.

Holding Palestinian flags and signs calling for an end to the siege of Gaza, New Yorkers sang US civil rights song to the staff inside Egypt’s Mission to the UN, asking:

Which side are you, which side are you on?
Justice or oppression, which side are you on?

To the tune of another civil rights classic, they sang:

Ain’t gonna let Mubarak, turn me round, turn me round, turn me round,
Ain’t gonna let Mubarak, turn me round,
Gonna keep on walkin’, keep boycottin’, til Palestine is free.

At the New York demonstration, a delegation of three protesters entered the Egyptian Mission and gained a meeting with Egypt’s Representative to the UN. They told him of their concerns over Egypt’s repression of the Gaza Freedom March and Egypt’s complicity in maintaining the siege on Gaza.

On the one year anniversary of Israel’s assault on Gaza that killed around 1400 Palestinians, over 1300 activists from around the world had gathered in Cairo, planning to travel to protest in Gaza alongside thousands of Palestinians for the Gaza Freedom March.

Israel intensified its siege of Gaza with the military attack ‘Operation Cast Lead’, that began on December 27, 2008. In addition to killing approximately 1400 Palestinians, Israel’s attack destroyed factories, schools, homes and land. For the past year, Palestinians in the Gaza Strip have been cut off from adequate food, medical supplies, and materials for reconstruction, schooling and work. The Egyptian government has been an active partner with Israel, closing the only access point to Gaza that is not directly controlled by Israel, and shutting down operations of human rights activists in Egypt.

A new report by Amnesty International, Oxfam UK, Mercy Corps and thirteen other international humanitarian organizations explained that, “The international community has betrayed the people of Gaza by failing to back their words with effective action to secure the ending of the Israeli blockade which is preventing reconstruction and recovery.” The report also explains that, “The Israeli authorities have allowed only 41 truckloads of all construction materials into Gaza since the end of the offensive in mid-January. The task of rebuilding and repairing thousands of homes alone will require thousands of truckloads of building materials.”

New year in Gaza reopens wounds of old

Eva Bartlett | The Electronic Intifada

31 December 2009

New Year's in Gaza is time to honor the dead. (Eva Bartlett)

For many survivors of the last Israeli war on Gaza, time has not healed their wounds, physical or emotional.

Halil Amal Samouni, 10, still suffers vision problems in her right eye. The shrapnel remaining in her head causes her constant pain and she is unable to concentrate at school.

Her concentration is broken, also, by memories of her martyred father and younger brother, both of whom she saw shot dead at close range by Israeli soldiers during the 2008-2009 winter war on Gaza.

The name Samouni has become well known for the high number of martyrs in the extended family, and for the brutality with which many victims were killed, the Israeli army’s prevention of medical access to the injured, and the thorough and systematic destruction of homes, farms, and civilian infrastructure in the Zeitoun district in eastern Gaza, and all throughout Gaza.

In the wake of Israeli tanks, bulldozers, warplanes and Apache helicopters, the once tree-laden area was left a muddy pitch of rutted earth and tree stumps. Chicken farms were destroyed, along with plastic greenhouses, farm equipment, water piping, and the tens of homes, agricultural buildings and the local mosque.

Many of the remaining houses were taken as military positions, sniper holes bored through walls, soldiers’ excrement, clothing, spent ammunition and food provisions were routinely left among the trashed belongings of the house. Hate graffiti was found throughout homes in the Samouni neighborhood and all over Gaza.

Most horrifying was the targeted shooting of the family — including children — and the deliberate shelling of homes they had been forced into by Israeli soldiers.

Amal Samouni was among the least fortunate of survivors.

When Israeli soldiers came to her home early on 4 January, they shot her father Atiyeh dead at close range, then fired continuously into the room full of family members. Amal’s younger brother Ahmed, 4, was seriously injured by the shooting. Denied medical care, he died the following morning, roughly ten hours after Israeli soldiers prevented medical rescuers from entering the area.

“They killed my dad and my brother. They destroyed our house,” Amal says simply. She has told her story to journalists many times. “But it hasn’t done any good, nothing has changed.”

Zeinat Samouni, Amal’s widowed mother, shows the single room her family of eight are crammed into, cracked asbestos tiling covering the roof.

“The roof leaks. We put plastic jugs on the floor to catch the water,” she says. “And because we can’t buy cooking gas, we cook over a fire instead.”

Aside from their physical discomfort, it is memories of the massacre and fear of a new attack that trouble them.

“I was terrified he would choke,” she says, gesturing to a child she holds. “He was only a few weeks old at the time.”

She recounts the trauma of having another child die in her arms, seeing him shelved in an overcrowded mortuary freezer, and all the while desperately wondering whether Amal was still alive.

“Even now, I’m still so afraid for my children, afraid that another war will come. The UAVs (unmanned drones) are always over us, and often at night the helicopters come.”

In northern Gaza’s Ezbet Beit Hanoun, families and friends of the Abd al-Dayem and Abu Jerrad families gather on 26 December, holding a candlelight vigil in remembrance of their sons, wives and husbands killed during a series of Israeli flechette (dart-bomb) attacks a year back.

The first to be killed in that area of Gaza by the razor-sharp nails was medic Arafa Abd al-Dayem, 35, on the morning of 4 January. Along with other medics, Abd al-Dayem had been on duty in the Attatra region, in Gaza’s north, retrieving wounded and martyred. As the medics loaded the ambulance, Israeli soldiers fired a flechette shell at the clearly marked vehicle, spreading thousands of darts at high velocity. Abd al-Dayem died an agonizing death, his internal organs and lungs shredded by the darts.

Khalid Abu Saada, a medic and the driver of the ambulance, testified to the Palestinian Centre for Human Rights: “The shell directly hit the ambulance and 10 civilians, including the two paramedics, were injured.”

The following morning, the Abd al-Dayem family and friends gathered at a funeral tent erected for Arafa. Israeli tanks again fired flechette shells, striking the gathering multiple times, killing five at the tent, one down the road, and injuring at least 25.

“The pain is still fresh, I still can’t move on since my sons’ murders,” said Sabbah Abd al-Dayem, mother of two martyrs in their twenties.

Jamal Abd al-Dayem, father of the young men, recalls: “It was clearly a mourning house, on the road, open and visible. Immediately after the first strike, the Israelis fired again. I lost two sons. One of them was newly married, his wife eight months pregnant.”

Said Abd al-Dayem, 29, died of dart injuries to his head one day later in hospital. Nafez Abd al-Dayem, 23, died immediately from the darts to his head.

Nahez Abd al-Dayem, 25, survived but retains two darts in his abdomen, one in his chest, with only the dart in his leg removed. Islam Abd al-Dayem, 16, a cousin, died after three days in hospital from the darts to his neck. Arafat Abd al-Dayem, 15, a cousin, died instantly.

Human rights organizations like Amnesty International, Human Rights Watch, Physicians for Human Rights, and B’Tselem, among others, have criticized Israel’s use of flechette bombs in civilian areas in densely populated Gaza, where the darts have a “wide kill radius,” and indiscriminately target civilians.

Wafa Abu Jerrad, who was 21 and pregnant, lived down the street from the mourning tents. She was with her husband Muhammad, their two children, and relatives outside their house when Israeli soldiers fired the dart bombs.

Muhammad Abu Jerrad was stepping into the doorway, their two-year-old son Khalil in his arms, when the bomb hit. Wafa dropped to ground, struck by flechettes in the head, chest and back. She was killed instantly.

Sitting outside his family’s tent in the Attatra region, Saleh Abu Leila says, “Everything I worked for is gone.”

Since their two-story home was destroyed by Israeli soldiers during the war on Gaza, Abu Leila and 13 other family members have crowded into two small tents. During the summer, they sweltered in stifling heat. Now that winter is setting in, they are struggling to keep warm and dry.

Over 21,000 houses were destroyed or seriously damaged during the 23 days of Israeli attacks throughout Gaza that finally ended 18 January.

Since the end of the Israeli war on Gaza, Israeli authorities continue to block entry to cement and other necessary building materials. Glass, along with wood, piping and many other items, is considered potentially dangerous by Israeli authorities. The bomb-blasted windows of homes and buildings remain un-repaired one year later; the luckier families making due with plastic sheeting.

A small portion of Gaza’s 1.5 million people can afford to buy the overpriced, poor-quality cement smuggled in through the tunnels running between Gaza and Egypt. For those hardest hit, however, this is out of reach.

Hundreds of families, like the Attars, still remain in substandard shelters, insufficient for winter cold and rains.

Many Gazans do not welcome the New Year, they fear what it will bring.