By HUSSEIN ABU HUSSEIN | CounterPunch | September 4, 2012

On Tuesday, Judge Oded Gershon of the Haifa District Court dismissed the civil lawsuit I brought on behalf of Rachel Corrie’s family against the State of Israel for the unlawful killing of their daughter, an American peace activist and human rights defender who legally entered Gaza to live with Palestinian families in Rafah whose homes were threatened by demolition.

While not surprising, the verdict is yet another example of impunity prevailing over accountability and fairness and it flies in the face of the fundamental principle of international humanitarian law – that in a time of war, military forces are obligated to take all measures to avoid harm to both civilians and their property.

It is not the first time courts have denied victims of Israeli military actions the right to effective remedy. Just ask the many Palestinians who have faced a myriad of legal hurdles and fought for decades simply to have their day in court. Thousands of legitimate claims continue to be denied based on the controversial legal theory – which Judge Gershon adopted – that soldiers should be absolved of civil liability because they were engaged in military operational activities in a war zone.

Rachel’s case is unique because she was the first foreign national to be killed while protesting Israeli occupation, though she was hardly the last. Tom Hurndall, a British peace activist, was shot in the head and killed by an Israeli sniper less than three weeks after Rachel was killed. And less than a month after that, James Miller, a British cameraman was also shot and killed by the IDF in Rafah.

In reaching his decision in Rachel’s case, Judge Gershon accepted virtually all of the government’s legal arguments and either ignored or distorted critical facts in order to reach his decision. For example, he concluded that Rafah was a closed military zone, as declared by the Israeli military’s southern command (never mind that no such order was presented in court, and the ground unit commander testified he was unaware of the area’s designation as a closed zone). And that conclusion had implications.

When the former Gaza Division’s Southern Brigade Commander Colonel Pinhas (Pinky) Zuaretz, who was in charge in 2003, testified, he confirmed that the rules of engagement at the time Rachel was killed were to “shoot to kill any adult person on the [Philadelphi] route.” As another Israeli colonel who testified put it: “There are no civilians in a war zone.” By accepting the testimony of Zuaretz and others, Judge Gershon essentially accepted that the “shoot to kill” order was acceptable, which violates the fundamental tenets of international humanitarian law, mandating that soldiers distinguish between combatants and civilians.

We knew from the beginning that it would be an uphill battle to find truth and justice, but we are convinced that this verdict not only distorts the strong evidence presented in court, but also contradicts fundamental principles of international law with regard to protection of human rights defenders. In denying justice in Rachel Corrie’s killing, this verdict is part of a systemic failure to hold the Israeli military accountable for continuing violations of basic human rights. As former U.S. President Jimmy Carter put it: “The court’s decision confirms a climate of impunity, which facilitates Israeli human rights violations against Palestinian civilians in the Occupied Territory.”

The Corrie family has always stressed that the purpose of this lawsuit was larger than compensation for their loss. For them, it was about understanding exactly what happened to Rachel and exposing the injustices their daughter and her friends in the International Solidarity Movement stood against. They filed suit on advice of Lawrence Wilkerson, former Chief of Staff to U.S. Secretary of State Colin Powell, who, on behalf of the State Department, told the family in 2004 that the United States did not consider the investigation into Rachel’s death to be “thorough, credible and transparent.”

The U.S. government has repeatedly reiterated its position regarding the failed investigation, and after nearly seven years of mounting evidence since the case was initially filed, it has become even clearer that the military conducted its investigation not to uncover the truth of what happened, but rather, to exonerate itself of any blame.

In his decision, Judge Gershon concluded that because Rachel put herself in harm’s way, she is to be blamed for her own death. That conclusion puts at serious risk the lives of human rights defenders and it creates yet another dangerous precedent regarding the protection of civilians in war. Not surprisingly, the court avoided any analysis of international law obligations.

The verdict ensures that the Israeli culture of impunity will continue unchecked. Rachel Corrie lost her life standing non-violently with those who have been subject to Israel’s systematic policy of destruction and demonization. Like the Freedom Riders in the United States who, during the civil rights movement, joined oppressed black communities in their struggle for equality, Rachel and her friends in the ISM presented a new challenge and model of non-violent activism, solidarity and resistance to the longest military occupation in modern history.

In a country in which the judicial system has enabled the occupation for almost 50 years, I suppose it’s not surprising that the judicial system blamed the victim for her own death.

Hussein Abu Hussein is a human rights lawyer and co-founder of the Arab Association for Human Rights. He represented the Corrie family in their case against the Israeli government and the Israeli Ministry of Defense.

Related articles

• International Solidarity Movement’s response to the Rachel Corrie verdict (alethonews.wordpress.com)
• Rachel Corrie and the Kosher Legal Stamp (alethonews.wordpress.com)

Moments later he ran over her and backed back over to make sure he had done the job!!

By Paddy Clark | International Solidarity Movement | 31 August 2012

West bank – Three Palestinians were injured and 5 arrested today during Nabi Saleh’s weekly demonstration. Israeli military set up road blocks surrounding the village early this morning in order to prevent people and journalists from participating.

At 4:30 p.m., Malek Tamini was shot with a live bullet which went through his hand and the side of his body. He has undergone surgery for his injuries. One Palestinian suffered an open wound after being shot with a tear gas canister during protests. Soldiers were firing tears gas canisters directly in to the crowd with the intent of causing serious injury and then prevented the ambulance from entering the village for one hour . One local resident received stitches in Ramallah hospital after suffering a head wound from a rubber-coated steel bullet.

Five Palestinians protestors including Mohammad Khatib and Bilal Tamimi of the popular committees, a student journalist, and two young women activists were arrested in the morning while walking towards the village spring which was annexed by the nearby illegal Israeli settlement, Halamish. All have since been released.

Nabi Saleh is a small village of approximately 550 people, twenty kilometres north west of Ramallah in the West Bank of the Occupied Palestinian Territories.

The Israeli colony of Halamish (also known as Neveh Tzuf ) was established on lands belonging to the villages of An Nabi Saleh and Deir Nidham in 1976. In response to the illegal colony being established on their land, the residents of An Nabi Saleh and Deir Nidham began holding demonstrations in opposition to the theft of their land and the establishment of the colony (whose establishment violates international law). The residents of An Nabi Saleh and Deir Nidham lodged a court case against the colony in Israel’s high court, but were unable to stop the construction the illegal settlement.

Since its establishment in 1977, Halamish colony has continued to expand and steal more Palestinian land. In 2008, the residents of An Nabi Saleh challenged the building of a fence by the colony on private Palestinian land, which prevented Palestinians from accessing their land.  The Israeli courts ruled that the fence was to be dismantled.  Despite the Israeli court ruling, the colony continued to illegally annex more Palestinian land.  In the summer of 2008, Israeli settlers from Halamish seized control of a number of springs, all of which were located on private Palestinian land belonging to residents of An Nabi Saleh.

In December 2009, the village began weekly non-violent demonstrations in opposition to the illegal Israeli colony of Halamish annexing the  fresh water springs and stealing more of the village’s land.  Since An Nabi Saleh began its demonstrations, the Israeli military has brutally sought to repress the non-violent protests, arresting more than 13% of the village, including children. In total, as of 31 March 2011, 64 village residents have been arrested. All but 3 were tried for participating in the non-violent demonstrations. Of those imprisoned, 29 have been minors under the age of 18 years and 4 have been women.

For more information see Nabi Saleh Solidarity.

Paddy Clark is a volunteer with Jordan Valley solidarity.

Related articles

• Nabi Saleh: “The resistance is for our kids’ future” (occupiedpalestine.wordpress.com)
• Soldiers Attack Nabi Saleh Weekly Protest, Injuries Reported (imemc.org)
• Israeli Court Approves Well Destruction In Bethlehem (alethonews.wordpress.com)
• Israel soldiers attack children, separate from detained mother (bikyamasr.com)

The school has improved so much since the pilot in January/February. And there are great positive changes since we opened at the beginning of the Thai school year on May 14. Everyone on the staff and board works really hard. The kids are happy and the parents are happy.

Last Monday I spent the morning with a mother whose two girls enrolled at Banyan Center 3 weeks ago. She told me that she found Banyan Center on-line while living in Malaysia and had been looking for a place like ours for years. What a compliment! She and her 3 and 5-year-old girls are very happy.

SMALL WORLD is that we know several of the same people in Palestine. She was a peace activist and cofounder of International Solidarity Movement from which International Women’s Peace Service branched off. She’s been shot 7 or 8 times (guess she lost count) and was nearly killed twice. Her father, who is from Gaza, married a German woman decades ago and he practices medicine in Germany. The two little girls speak German, not English or Thai. Needless to say Banyan Center is a “language immersion” program for them.

A RUSSIAN FESTIVAL was held at Banyan Center, an event organized by the large Russian community in Pai. Turns out that Sept. 1 is Student Day or Start of School Day in Russia with lots of  festivities. Our school had nothing to do with the event other than provide the space.

The Russians organized a wonderful day filled with crafts activities, music, dancing, food (including blini!) and plenty of FUN, FUN, FUN. There were about 20 or 25 Russians, five or six of our students and their families, and various others who saw the little flyer in town. Ages ranged from one month old (the baby sister of one of our students) to 65 (me!). Everyone had a great time. Banyan Center sends a big salute the people who organized, decorated (huge balloons, colorful streamers), performed, cooked, led origami and Russian doll making, and cleaned up. It would be great if we hosted similar events in the future.

Well, I was at the Russian Festival from 12:30 to 3 pm. Will head back now for the last half hour; it ends at 7 pm.

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“Can peace activists achieve anything” – discussion on legacy of#RachelCorrie & court verdict on BBC 

IMEU |  June 28, 2011

In coming days, ten ships will take part in a flotilla attempting to break the Israeli blockade of the Gaza Strip. Among the ships will be the U.S.-flagged “Audacity of Hope,” carrying 36 U.S. citizens. Last year, the Israeli navy attacked a previous humanitarian flotilla in international waters, killing nine passengers, including one American.

Passengers on the “Audacity of Hope” have contacted the State Department, the White House, and members of Congress to notify them of the flotilla. They have urged the government to work to ensure the safety and free passage of the ships and to warn Israel against attacking unarmed civilian vessels with U.S. citizens on board who are exercising their legal rights. Instead, the State Department – whose mission in part is to protect and assist U.S. citizens traveling abroad – has issued numerous statements labeling the flotilla as an “irresponsible and provocative” action that risk[s] the safety of their passengers” and “creat[es] a situation in which the Israelis have the right to defend themselves”. The administration has also alluded to prosecuting the passengers, who will be delivering thousands of letters of solidarity and friendship to the people of Gaza, for providing material support to a designated terrorist organization. [3]

Though Israeli state violence against foreign nationals is often portrayed as an aberration, over the past 8 years alone, Israel has killed and/or severely injured a number of American citizens. Below are 10 such examples:

Furkan Dogan Troy, NY

~

19 year-old American Furkan Dogan was on the Mavi Marmara, a 600-passenger ship sailing as part of a flotilla headed to the Gaza Strip with humanitarian aid. In the early hours of May 31st, 2010, Israeli commandos dropped onto the ship in international waters and attempted to commandeer it, leading to a struggle for control of the ship. Among others, Dogan was shot at close range with 4 bullets to the head and 1 to the chest.

~

Emily Henochowicz New York, NY

(After attack)

~

On May 31st, 2010 21-year old Emily Henochowicz was hit in the face with a tear gas projectile fired directly at her by an Israeli soldier during a demonstration at the Qalandiya checkpoint. Henochowicz was taking part in a demonstration against the widely-condemned Israeli attack on a humanitarian aid flotilla. As a result of the attack, Emily lost her left eye.

~

Tristan Anderson Oakland, CA

(After attack)

~

On March 13th, 2009 in the Palestinian village of Ni’lin, American peace activist Tristan Anderson was critically injured after Israeli forces shot him in the head with a tear-gas canister. Anderson, 37 years old and from California, was taken to Israeli hospital Tel Hashomer, near Tel Aviv.

He was unconscious and bleeding heavily from the nose and mouth. He sustained a large hole in the right part of his forehead where he was struck by a tear gas canister. After 15 months in Tel Hashomer, some of that time in a coma, and at least one surgery, Tristan recently returned to his home in Northern California, still quasi-paralyzed.

Brian Avery Albuquerque, NM

(After attack)

~

On April 5, 2003, Israeli troops shot peace activist Brian Avery in Jenin. Avery, a 24-year-old American citizen from Albuquerque, New Mexico, experienced serious wounds to his face after Israeli troops shot at him with heavy machine gun fire from an armored personnel carrier (APC).

There were no reports of clashes on the street where the shooting took place and Avery was clearly marked as an observer. Avery’s cheek was torn and his eye socket and jaw bones were smashed, leading to at least 6 rounds of surgery. In a rare occurrence in November 2008, the Israeli government paid Avery $150,000 to settle a lawsuit he filed against them.

Rachel Corrie Olympia, WA

~

On March 16th, 2003 in Rafah, occupied Gaza, 23-year-old American peace activist Rachel Corrie from Olympia, Washington, was murdered by an Israeli bulldozer driver. Rachel was in Gaza opposing the bulldozing of a Palestinian home as a volunteer with the International Solidarity Movement.

According to a Palestine Monitor report of the incident, “Other foreigners who were with her said the driver of the bulldozer was aware that Rachel was there, and continued to destroy the house. Initially he dropped sand and other heavy debris on her, then the bulldozer pushed her to the ground where it proceeded to drive over her, fracturing both of her arms, legs and skull.”

~

Zaid Khalil
New York, NY

In April of 2002, while participating in a peaceful march along with other internationals in the West Bank city of Bethlehem, New York City resident Zaid Khalil was struck in the leg as Israeli soldiers opened fire.

Lucas Koerner

During Arrest

~

On June 1, 2011, 19-year-old Tufts University student Lucas Koerner was assaulted and arrested by Israeli police while he peacefully protested the annual Jerusalem Day march, an official Israeli holiday when Israelis parade through occupied East Jerusalem to celebrate its 1967 occupation by Israel. Police grabbed, punched, choked and then threw Koerner to the ground. After being arrested he was taken to the emergency room to be treated for the wounds inflicted by police.

~

Munib Masri

~

A 22-year-old Geology student at the American University of Beirut, Munib Masri was shot in the back with live ammunition by Israeli forces along the Lebanon border on May 15, 2011. Participating in a march to mark the 63rd anniversary of the Nakba – the expulsion of Palestinians from their homes during the establishment of Israel – Masri was leaving the demonstration when he was shot. Treated in a Beirut hospital, the bullet destroyed Masri’s left kidney, his spleen and broke apart in his spine. During the demonstration, eleven people were killed by Israeli forces and more than 100 wounded.

Christopher Whitman

Whitman’s injury

~

On May 13, 2011, 25-year-old Christopher Whitman, a Master’s student of Islamic and Middle Eastern Studies at Hebrew University, was shot in the head at close range with a high-velocity tear gas canister by Israeli Border Police. He was in the West Bank village of Nabi Saleh, near Ramallah, at the weekly nonviolent demonstration against the construction of Israel’s separation wall in the village. That week’s demonstration also commemorated the 63rd anniversary of the Nakba – the expulsion of Palestinians from their homes during the establishment of Israel. Whitman was treated at Ramallah Hospital.

Sandra Quintano After assault

~

On May 1, 2011, Sandra Quintano, 60, was assaulted by Israeli soldiers in the West Bank village of Izbet al-Tabib in the Qalqilya district during a peaceful demonstration against the construction of a fence which would cut off villagers’ access to their land. She suffered a gash to the top of her head and both her wrists were broken, one severely. She was treated in an Israeli hospital and continues to undergo physical therapy in the U.S.

~

Related articles

• Rachel Corrie and the Kosher Legal Stamp (alethonews.wordpress.com)
• International Solidarity Movement’s response to the Rachel Corrie verdict (alethonews.wordpress.com)
• Still no justice for peace activist Rachel Corrie (morningstaronline.co.uk)
• Israeli court acquits IDF in 2003 death of American pro-Palestinian activist Rachel Corrie (rt.com)

• During the relevant period of time, the “Philadelphi Corridor” was the site of daily warfare, i.e., daily gunfire by snipers, missile fire and IED explosions directed at the IDF forces, events which led to the injury and death of many Israelis. There was a military directive in force declaring the “Philadelphi Corridor” a “closed military area” and forbidding the entry of civilians. Less than one hour before the incident, a hand-grenade was thrown at the IDF forces.
• Rachel Corrie was an activist in the International Solidarity Movement (ISM), whose activists “specialized” in sabotaging the IDF’s operational actions. ISM activities included stationing activists to serve as “human shields” for terrorists wanted by Israeli security forces; financial, logistical and moral assistance to Palestinians, including terrorists and their families; interrupting demolition activities or the sealing off of houses belonging to terrorists who conducted suicide attacks with multiple casualties.
• The two bulldozers and the armored personnel carrier were occupied with the clear military operational task of clearing the land in a dangerous area which posed a significant risk. The force’s action was designed to eliminate the danger of terrorists hiding and to expose hidden explosive devices, both of which were intended to kill IDF soldiers. The act of clearing the land was “a war-related action.”
• The decedent was behind the bulldozer’s blade and behind a pile of dirt and therefore the bulldozer’s operator could not have seen her. The bulldozer moved very slowly, at a speed of one kilometer per hour. When the decedent saw the pile of dirt moving towards her, she did not move, as any reasonable person would have. She began to climb the pile of dirt. Therefore, the decedent was trapped in the pile of dirt and fell. The decedent could have distanced herself from any danger without any difficulty. However, she chose to take the risk described above, and that eventually led to her death.
• There is no foundation to the plaintiffs’ claim that the bulldozer struck the decedent intentionally. This was a very unfortunate accident and was not intentional. No one wished to harm the decedent. I was convinced that the bulldozer’s operator would not have continued to work if he had seen the decedent standing in front of the bulldozer, as he and his colleagues acted in similar circumstances earlier that day, when they moved from location to location because of the disturbances caused by the members of the ISM.
• Because the decedent was accidentally killed in the framework of a “war-related activity,” the State bears no responsibility for the damages inflicted on the plaintiffs resulting from a war-related action. Because of the circumstance surrounding the decedent’s death, I will not make the plaintiffs’ pay the legal expenses and each side will bear its own costs.

The Corrie Case: Reckless Choices - Anne Herzberg
The district court in Haifa found that Rachel Corrie’s own negligence led to her death after kneeling in front of an IDF bulldozer during a military operation in Gaza. Corrie, a U.S. college student and member of the radical International Solidarity Movement, traveled to Gaza to serve as a human shield and to directly participate in hostilities between Israel and Palestinian combatants. Numerous Israeli investigations, as well as an expose in Mother Jones, showed that the driver of the bulldozer did not see Corrie and that her death was not intentional. Nevertheless, Corrie became an instant martyr in the political war against Israel.
After 10 years, it is time to come to terms with the fact that Corrie was responsible for her own poor choices. The writer is the Legal Advisor of NGO Monitor. (Jerusalem Post)

Rachel Corrie’s family after hearing the verdict in Haifa

Haifa – Haifa District Court judge, Oded Gershon, ruled today in the case of Rachel Corrie, an American citizen and human rights activist, who was crushed to death in 2003 by a IDF bulldozer while she was trying to protect a Gazan family’s home.  Judge Gershon dismissed the civil lawsuit brought by Corrie’s parents and has ruled her death an “accident”.

In his ruling, Gershon declared that the International Solidarity Movement (ISM), although it is calling for nonviolent actions, is using human rights and morals to cover its actual actions, which are violent and is using its activists as human shields to protect terrorists! Furthermore, the ruling described the actions of the army during the event as dependant on security needs and that Rachel Corrie entered the area where she knew there were military actions.  Gershon decided that by doing this they put themselves in the path of danger and that they are, in effect, responsible for endangering themselves.

Rachel Corrie’s family gave a press conference after hearing the ruling.  Her sister, Cindy, responded to the ruling, “I believe this was a bad day, not only for our family, but for human rights, humanity, the rule of law and also for the country of Israel.” The Corrie family lawyer, and Arab Association for Human Rights (HRA) board member, Hussein Abu Hussein continued his defense to the media, “All the people present were peace activists. What kind of war is this?”

The HRA believes that the army did not, and does not, take sufficient precautions to protect civilians, Rachel Corrie specifically.  This condition, of Israeli institutions taking extreme measures to protect the army’ reputation over the safety of civilians, is reprehensible and is an affront to internationally acknowledged human rights.

The code of conduct for the army in the area was to avoid “creating a precedent”, as presented by officers in the court, by which civilians would stop the work and by adhering to that code of conduct Rachel Corrie was killed. The court decision is providing a cover, or legitimizing all the actions of the army that clearly included attacking civilians.  This ruling has codified “security” as an adequate defense for all malpractice on the part of the army. Rachel Corrie and the family she was protecting were not a security threat.  Rachel’s death was a tragic and terrible reminder that the Israeli government and army feel no obligation to protect the human rights and lives of all citizens living under its rule. Hussein Abu Hussein summarized the outrage over this decision, “this verdict is yet another example of where the culture of impunity has prevailed over accountability and fairness.”

Although the court was dealing with the case of Rachel Corrie, we can extrapolate the reality of the army’s policies. If this is the treatment of an American citizen, we can reasonably imagine the harsh truth of the army’s attitude towards the Palestinians. Mohammad Zeidan, General Director of the HRA, responds, “The ruling today was an expected disappointment.  There is a clear culture of impunity that the Israeli army operates within and today we found out that American peace activists, like Palestinians, have no right to justice when the status quo is threatened.”

Keep up with the HRA online! Check out our website. Like us on Facebook. Follow us on Twitter

Published on 28 Aug 2012 by AlJazeeraEnglish

ISM | August 28, 2012

The International Solidarity Movement (ISM) is deeply concerned by the verdict of Judge Oded Gershon that absolved Israel’s military and state of the 2003 murder of American ISM activist Rachel Corrie. Rachel was crushed to death by an Israeli army bulldozer while protesting the demolition of a Palestinian home in the Gaza Strip.

Despite the American administration stating that the Israeli military investigation had not been “thorough, credible and transparent” and the Israeli government withholding key video and audio evidence, Judge Gershon found no fault in the investigation or in the conclusion that the military and state were not responsible for Rachel’s death. Judge Gershon ruled that Rachel was to blame for her own murder and classifies her non-violent attempt to prevent war crimes as proof that Rachel was not a “thinking person”.

By disregarding international law and granting Israeli war criminals impunity Judge Gershon’s verdict exemplifies the fact that Israel’s legal system cannot be trusted to administer justice according to international standards. The ISM calls on the international community to hold Israel accountable by supporting the Palestinian call for boycott, divestment and sanctions (BDS) and continuing to join the Palestinian struggle in the occupied Palestinian territories.

Describing the situation in Gaza 2 days before she was killed, Rachel said, “I’m witnessing the systematic destruction of a people’s ability to survive. It’s horrifying.” Rachel’s analysis holds true today, confirmed by the United Nations a day before this ruling, which reported that Gaza would not be “liveable” by 2020 barring urgent action.

The verdict is a green light for Israeli soldiers to use lethal force against human rights defenders and puts Palestinian and International human rights defenders in mortal danger.

This will not deter us. As long as our Palestinian sisters and brothers want our presence, the ISM will continue to find ways to break Israel’s siege, and stand in solidarity with the Palestinian people. As Rachel’s mother Cindy put it, “There were children behind the walls of the home Rachel was trying to protect… We should have all been there”.

Judge Gershon’s verdict is a travesty of justice but it is not exceptional. As a rule the Israeli legal system provides Israeli soldiers impunity to commit murder. The only Israeli soldier convicted of manslaughter since the outbreak of the second Intifada in 2000 was Taysir Hayb, a Bedouin citizen of Israel for shooting British ISM volunteer Tom Hurndall in the back of the head with a sniper rifle as Tom was carrying a child to safety. At least 6,444 Palestinians have been killed by the Israeli occupation forces in this period, with no justice for them or their families.

For more information Contact: Aide Mormech 059228094 or Huwaida Arraf 0598336215

Related articles

• Rachel Corrie, crushed to death by Israeli bulldozer, was not unlawfully killed – court (independent.ie)

The Secular Beatification of Rachel Corrie – Brendan O’Neill
Over the past decade Rachel Corrie’s supporters have elevated her to saintly status, turning her into a paragon of virtue who wanted merely to “protect Palestinians.” This secular beatification of Corrie captures everything that is wrong with modern-day solidarity with Palestine.
There was a time when supporting Palestine meant looking upon Palestinians as a people capable of governing their own lives, free from the meddling of outsiders. Now, Palestinian solidarity is all about treating Palestinians as the ultimate victims, as helpless creatures who need decent Westerners to come over and “save” them, in a not dissimilar way to how Bible-wielding white folk once tried to save the savages of Africa.
Solidarity activists who travel to Palestinian territories are becoming secular versions of the crusaders of old. They are going to Palestine to find themselves, to try to give meaning to their potentially shallow lives through imagining that they can “save” an entire people by standing in front of a tank or writing some blog posts. (Telegraph-UK)

28 August 2012              09:22 ET

An Israeli court has ruled that the state of Israel was not at fault for the death of US activist Rachel Corrie, who was killed in the Gaza Strip by an Israeli army bulldozer in 2003.

Ms Corrie’s family had brought a civil claim for negligence against the Israeli ministry of defence.

The judge said the 23-year-old’s death was a “regrettable accident” and that the state was not responsible.

She had been trying to stop Palestinian homes being pulled down in Gaza.

Judge Oded Gershon, presiding at the court in the town of Haifa, said Ms Corrie had been protecting terrorists in a designated combat zone.

He said the bulldozer driver had not seen her, adding the soldiers had done their utmost to keep people away from the site. “She [Corrie] did not distance herself from the area, as any thinking person would have done.”

He ruled the state of Israel did not have to pay any damages. The Corries had requested a symbolic $1 in damages and legal expenses.

They had accused Israel of intentionally and unlawfully killing their daughter, and failing to conduct a full and credible investigation.

An Israeli army investigation in 2003 concluded its forces were not to blame for Ms Corrie’s death.

Cindy and Craig Corrie travelled to Israel from the US to hear the ruling along with a group of friends and activists.

After the ruling, Mrs Corrie told a news conference they wanted to see more accountability from the state of Israel, saying they had been “deeply troubled by what we heard today”.

“From the beginning it was clear to us that there was… a well-heeled system to protect the Israeli military, the soldiers who conduct actions in that military, to provide them with impunity at the cost of all the civilians who are impacted by what they do,” she said.

She said she believed at least one person in the bulldozer had seen their daughter, and that Rachel’s death “could have been and should have been avoided”.

Rachel Corrie’s mother, Cindy: ”This is a bad day for humanity”

She added: “I believe this is a bad day not only for our family, but a bad day for human rights, for humanity, for the rule of law and also for the country of Israel.”

Israeli government spokesman Mark Regev says that, according to court evidence, the driver did not see Ms Corrie.

“If you read the seven pages of transcript by the judge after hearing all the evidence for months now, he says that the tractor drivers moved away from the demonstrators on a number of occasions, that the demonstrators took, he says, unreasonable, illogical action, putting themselves in danger.”

“It’s clear by the Corrie family’s own expert – they nominated an expert to come to the court – he himself, their representative, said that it was impossible for the driver to see her.”

The Corrie family’s lawyer has said they will appeal against the ruling to Israel’s supreme court.

The verdict was so close to the state’s attorney’s version of events that it could have been written by him, he said.

The Corrie family has already spent hundreds of thousands of dollars on bringing the legal action.

Human shields

Ms Corrie was a committed peace activist even before her arrival in the Gaza Strip in 2002.

Palestinian-led movement founded in 2001

She had arranged peace events in her home town in Washington State and become a volunteer for the pro-Palestinian International Solidarity Movement (ISM).

In 2003, Ms Corrie was in the town of Rafah in the southern Gaza Strip as part of a group of ISM protesters.

They were acting as human shields to try to stop the Israeli army demolishing Palestinian homes and clearing land around Rafah.

The Israeli army argued the area was being used by militants and that the protesters should not have been in a closed military zone.

The army’s investigation found that Ms Corrie was not visible and that she was killed by debris falling on her.

But Ms Corrie’s supporters say it is impossible that the bulldozer driver did not see her.

Israeli government spokesman Mark Regev: ”It was impossible for the driver to see her”

“The bulldozer had a clear line across open ground while it drove towards her, relatively slowly, 20 or 30 metres or so, and even the estimation of the bulldozer’s line of sight… would clearly suggest that during that time the bulldozer driver must have seen Rachel,” activist Tom Dale, who was protesting alongside Rachel Corrie on the day she was killed, told the BBC.

Pictures taken on the day Ms Corrie died show her in an orange high-visibility jacket carrying a megaphone and blocking the path of an Israeli military bulldozer.

A collection of Ms Corrie’s writings was turned into a play – My Name Is Rachel Corrie – which has toured all over the world, including Israel and the Palestinian territories.

from:  http://www.bbc.co.uk/news/world-middle-east-19391814

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Rachel Corrie was born on April 10th, 1979 according to http://en.wikipedia.org/wiki/Rachel_Corrie

April 10th, 1979

10 +1+9+7+9 = 36 = her “secret” number = Bulldozed.

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The Israeli army’s inquiry into Corrie’s death was clearly insufficient, so her family brought a civil suit against the Israeli government in March 2005 as a last resort, claiming the bulldozer drivers either saw her in advance or were criminally negligent. The family spent hundreds of thousands of dollars hiring Hebrew-to-English translators, flying in witnesses, and traveling back and forth between the U.S. and Israel. Today Judge Oded Gershon ruled against them.

The family’s attorney said they would appeal the decision to Israel’s Supreme Court. Notably, of all the civil suits filed regarding foreigners who Israel’s military has harmed, this was the first to conclude via a full civilian trial. Other viable cases have settled (e.g., the suit brought by the family of James Miller) or have yet to resolve (e.g., the suit brought by Tristan Anderson).

Meanwhile, Israel’s demolition of Palestinian and Bedouin homes and structures in the West Bank has increased in 2012, displacing more than 600 Palestinians, and 71,000 housing units are needed in Gaza. After President Obama demanded a total Israeli settlement freeze in June 2009, he quickly gave in to AIPAC pressure. As Corrie wrote in an email to her mother on February 27, 2003, roughly two weeks before she was killed:

This has to stop. I think it is a good idea for us all to drop everything and devote our lives to making this stop. I don’t think it’s an extremist thing to do anymore. I still really want to dance around to Pat Benatar and have boyfriends and make comics for my coworkers. But I also want this to stop.

According to her family, Corrie was killed attempting to prevent the demolition of a house owned by a Palestinian doctor and his family in Rafah.  As a bulldozer approached the doctor’s house, Corrie bravely stood in front of it, and used a megaphone in an attempt to stop the operator from demolishing the house. The bulldozer did not stop moving, trapping Rachel under its blade, and then backing up over her once more as fellow activists threw small stones and yelled frantically (also using megaphones) to get the attention of the operator to stop. Unfortunately, Corrie had suffered fatal injuries and attempts to save her life failed.

The IDF maintains their point of view that the operator of the bulldozer did not see Corrie, and this has been the central point in Rachel’s parents’ fight for justice. Several witnesses to the event describe Rachel standing atop of a pile of earth, and have consistently reiterated that there is no way that the driver did not see or hear her. Looking at one of the photos taken of Rachel moments before her death, I would agree with that fact. It seems to me that Rachel is definitely in the driver’s line of vision.

Corrie was an activist in every sense of the word. Her passion for the Palestinian cause was social above anything else, as she focused her letters, writings, and interviews on the impact the occupation was having on the livelihood of the Palestinians, especially children. In one interview, Corrie described what she was seeing as the “systematic destruction of a people’s ability to survive.” That was exactly what she was trying to prevent. Because she was American, her story became a rare Western lens into the plight of the Palestinian people, and the human rights violations they continue to face today.

Forced evictions and house demolitions are illegal under international law. Corrie was well aware of this fact.  This long overdue verdict is vital, and a victory will be symbolic for all those continuing to face such hardships. The Corries hope that justice for Rachel will help countless Palestinian families who have lost their homes seek justice as well. I regret to say though that history has taught me not to get my hopes up in cases like this one…

Rachel in Rafah..

Update: Surprise surprise Israel rules that Rachel was responsible for her own death, leading to a global uproar. Justice has not been served, and Israeli courts continue to disregard the value of humanity.

Ambassador criticises investigation into death of Rachel Corrie as civil case verdict expected.

Israel has failed to carry out the “thorough, credible and transparent investigation” it had promised into the death of American activist Rachel Corrie in Gaza nine years ago, the US ambassador in Tel Aviv has reiterated to her family.

Related articles

• Israel’s inquiry into death of activist Rachel Corrie not credible, says US (independent.co.uk)
• Israeli inquiry into Rachel Corrie death insufficient, US ambassador tells family (guardian.co.uk)
• US Envoy: Israel’s Inquiry Into Rachel Corrie’s Killing Wasn’t Credible (news.antiwar.com)
• US: Israel’s Inquiry Into Rachel Corrie’s Death Not ‘Thorough, Credible and Transparent’ (commondreams.org)
• US slams Israel for failed investigation of Rachel Corrie’s death (rt.com)
• Israel’s inquiry into Rachel Corrie’s death wasn’t credible, charges US Ambassador (timesofisrael.com)
• When has Israel done anything satisfactory? (windowintopalestine.blogspot.com)