Tuesday, July 22nd, 2008

sraeli Soldier shoots Handcuffed and Blindfolded prisoner just for for Kicks



http://www.dvorak.org/blog/?p=19254

In video footage released on the 20th July by B’Tselem, Ashraf Abu Rahme of Bil’in village, can be seen being handcuffed, blindfolded and then shot at close range by the Israeli army.




Ashraf was taking part in a solidarity demonstration attempting to break the siege of Ni’lin when he was detained by the army. While clearly handcuffed and unable to see, an Israeli soldier can be seen shooting Ashraf in the foot with a rubber-coated steel bullet from extremely close range, while another soldier holds him by the arm.

The footage was filmed by a resident of Ni’lin who showed it to international solidarity activists living in Ni’lin on the 19th July. The ISM activists were shocked by the footage and quickly passed it on to B’Tselem who have released it to the local, Israeli and international media. They came upon the video by chance, after paying a social visit to the home of the resident who shot the footage.
text from ISM
(3 comments | Leave a comment)

Friday, June 6th, 2008

Circus Against Apartheid (Skin Magazine)

from Skin Magazine: http://www.skin-online.com/PDF.aspx?itemid=8

CIRCUS AGAINST APARTHEID
by Jonas Moffat



More than 100 Palestinians have been killed in Gaza the week that I write this. Israel is mourning eight of her own that were killed in Jerusalem last night. Retribution will be cast upon innocent civilians on either side of the Wall. This seemingly endless vicious circle affects the children more than anyone else. Israel’s policies of assassinations, injuries, home demolitions, imprisonment, bereavement, on top of harsh living conditions of poverty, over-crowdedness, malnutrition, and inability to access necessary educational and health facilities because of the more than 500 checkpoints, add up to take a devastating toll on the psyche of Palestine’s youth. They needed an outlet. And it was with this vision of change and healing that Shadi Zmorrod set out to create the Palestinian Circus School.


Click on the following link to read the rest of the article and to see the amazing pictures:
http://www.skin-online.com/PDF.aspx?itemid=8
(Leave a comment)

Monday, May 19th, 2008

Hope Under Siege: Pittsburghers in Palestine, A Photo Show. June 19 Pittsburgh, PA



Hope Under Siege: Pittsburghers in Palestine
A Photo Exhibit

Opening Reception: Thursday, June 19, 2008 6-9PM
at the Shadow Lounge, 5972 Baum Blvd, Pittsburgh, PA




May 2008 marks the 60th anniversary of what Palestinians call the “Nakba.” It is a date engrained into the minds of every Palestinian, everywhere. The translation means the “Catastrophe,” because three quarters of a million Palestinian women, men, and children were expelled from their homes, massacred ensued, and 531 Palestinian towns and villages were destroyed for what was to become the state of Israel.

For the 60 years of Israel’s existence, Palestinians have been refused the right to return to their homes. Palestinians remain the largest refugee population in the world. Many continue to see the uprooting of their trees, the demolition of their homes, the building of apartheid walls, confiscation of their farmland, and the murder of their family members and friends by the Israeli army.

Over the years, many Pittsburghers have traveled to Palestine to witness and document what is happening on the ground in order to amplify the voices of the marginalized Palestinians and spread the truth through eyewitness accounts of life under occupation, of a hope that is under siege.

Please join the Pittsburgh Palestine Solidarity Committee as they reveal their photographs from Occupied Palestine. Hear eyewitness accounts from Palestinians and Pittsburghers who have seen and experienced life under the gun. View the scenes of hope and the images of despair. Share the truth with the world about 60 years of dispossession and a hope that refuses to perish.

WHERE: The Shadow Lounge, 5972 Baum Blvd, Pittsburgh, PA 15206
WHEN: Thursday, June 19, 6-9pm

Hosted by the Pittsburgh Palestine Solidarity Committee (www.pittsburgh-psc.org)

Enjoy performances by hip hop artist Rashad Jamaal, funky-folk music by Leslie Addis, crazy beats by Shambolished, slam poetry by local artists, food by Allegro Hearth Bakery, monster raffle, and much, much more!

For more information, contact: Jonas: joeskillet@riseup.net

From the River to the Sea, Palestine will be Free!

PLEASE DISTRIBUTE THESE FLYERS WIDELY!


(Leave a comment)

Monday, May 12th, 2008

Palestine Photo Show by Larisa Shaterian. Berkeley, CA

(Leave a comment)

Wednesday, December 5th, 2007

Annapolis: A "Generous Offer" for Palestinian Refugees?

Annapolis: A "Generous Offer" for Palestinian Refugees?
by Neta Golan, 5 December 2007

from AlterNet, see original text here:
http://www.alternet.org/audits/69740/?page=1

Under Israel and Bush's "solution", Palestinian refugees who had been expelled from what is now Israel could return, not to their homes, but to small, non-contiguous parts of less than 22% of their original homeland.


Anyone familiar with Israeli politics was not surprised that Israeli Prime Minister Ehud Olmert did not acknowledge Israel's occupation in his speech at Annapolis. What was surprising was that, while stopping short of mentioning the "R" word -- refugees -- Olmert did acknowledge the Palestinian refugee problem.

Referring to the Palestinians, the Israeli Prime Minister stated in his Annapolis speech: "your people, too, have suffered for many years; and there are some who still suffer. Many Palestinians have been living for decades in camps, disconnected from the environment in which they grew up, wallowing in poverty, in neglect, alienation, bitterness, and a deep, unrelenting sense of humiliation."

Olmert's characterization of the refugees is only partially correct. Poverty, neglect, alienation, bitterness and feelings of humiliation, are only one component of the refugee experience. There are also other components, such as community, pride, generosity, and perseverance. This one-dimensional characterization obviously suits Olmert's conception of a solution. It also casts refugees as objects that will be acted upon (once again), rather than subjects who can genuinely participate in finding a solution. A recent article in the Israeli newspaper Ha'aretz, titled "Refugees and Jerusalem: A question of money," sheds light on Olmert's statements. The article revealed the outlines of the deal being cooked to sell the rights of the Palestinian refugees.

In addition to oral testimonies given both by Palestinian refugees and Jewish combatants, many official documents describe policies and actions taken by Jewish militias which were designed to expel Palestinians from what has become the state Israel. According to Israeli Historian Benny Morris, "In the months of April-May 1948, units of the Haganah [the pre-state defense force that was to become the IDF] were given operational orders that stated explicitly that they were to uproot the villagers, expel them and destroy the villages themselves." Yet Olmert presented the refugee issue as a humanitarian problem, not unlike one caused by a natural disaster, saying that "Israel will be part of an international mechanism that will assist in finding a solution to this problem." Olmert made it clear that he was not admitting Israel's responsibility for creating the problem by saying "I came here today not in order to settle historical accounts between us…", and by equating the Palestinian refugee problem with the "constant suffering of many Israelis."

The solution Olmert suggests is "an international effort, in which we (Israel) will participate, to assist these Palestinians in finding a proper framework for their future, in the Palestinian state that will be established in the territories agreed upon between us." The suggestion that the refugees do not have the choice to return to the lands from which they were expelled, but instead "return" to a future Palestinian state, is contrary to international humanitarian law, and to UN resolution 194 that "Resolves that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date." Despite this, the United States President George Bush promised Ariel Sharon in a letter on the 14th of April 2004 "an agreed, just, fair and realistic framework for a solution to the Palestinian refugee issue as part of any final status agreement will need to be found through the establishment of a Palestinian state, and the settling of Palestinian refugees there, rather than in Israel." Despite the illegality of these promises, they were ratified on June 23, 2004 by both the United States House and Senate. Olmert refers to this letter in his statement as a point of departure for the negotiations.

Working groups are now developing plans to implement Bush's promise. According to Ha'aretz, The Aix Group, "a semi-official political-economic backchannel," is developing a plan for Palestinian refugees. The Aix Group's members include Israeli, Palestinian and international economic experts, academics, members of economic organizations, and officials from international institutions, including the World Bank, the International Monetary Fund and the European Union, who participate in the Aix Group in their personal capacities.

The group is administered by a steering committee led by Prof. Gilbert Benhayoun, a Moroccan-born Frenchman, Prof. Arie Arnon, economics professor from Ben-Gurion University in Be'er Sheva, Said Bamya, the former deputy minister for economic affairs in the Palestinian Authority, Dr. Ron Pundak, director of the Peres Center and Dr. Samir Hazbun from DATA Studies and Consultation. Other partners include the European Union, French donors, the World Bank, the French Foreign Ministry, the International Development Research Center in Canada, the General Council of the Bouches du Rhone, and the Regional Council of Provence-Alpes-Cote d'Azur.

The Aix Group's document opens with a declaration of principles stating that an agreed and just long-term solution to the problem of the 1948 refugees must be based on the relevant United Nations resolutions, including General Assembly Resolution 194, but then nullifies that statement by saying that "a literal application of this Resolution is no longer possible given the substantial changes on the ground." The document then describes an arrangement that would substitute for the U.N. resolution which they have deemed no longer applicable, stating that, "The parties would agree that the measures recommended in the paper implement Resolution 194."

The reference to "substantial changes on the ground" as an obstacle that renders the UN resolution inapplicable perpetuates the myth that physical or material obstacles render return impossible. According to Salman Abu Sitta an expert on the Palestinian refugee issue, "90% of the village sites are still vacant, 7% are partially built-over, and only 3% are totally built over in Tel Aviv and West Jerusalem." Of course, there are obvious issues that would have to be addressed. But these problems have been dealt with in many places, such as Bosnia, Kosovo and Tajikistan, to name a few, and pose no obstacle in and of themselves to return. A hint to what the real obstacle may be lies in Ha'aretz correspondent Akiva Eldar's statement that "The Aix Group is convinced that if bold steps are not taken in the right direction, the vision of one state for two peoples, based on joint citizenship and equality before the law, will be placed on the agenda."

The group suggests that an international committee of experts would determine what constitutes "fair and full" compensation for property claims. They estimate that the total cost of these claims will be between $15 billion and $30 billion.

The group makes it clear that in cases in which "fair and full compensation" is offered, "restitution" (the right of return) will not be considered. This formulation turns the basic principle set in the UN Principles on Housing and Property Restitution for Refugees and Displaced Persons totally on end. The UN principles clearly note that restitution is the primary remedy, and compensation only comes into play if refugees themselves choose compensation, or if restitution is factually not possible as determined by an independent tribunal.

"Palestinian refugees will be asked to choose a permanent place of residence, the group proposes that the individuals choose more than one alternative and rank their priorities." But the implementation of this choice depends on "the states concerned", including Israel. Aix proposes to create an International Agency for the Palestinian Refugees (IAPR) that will be responsible "to ensure that the final decisions satisfy the wishes of the refugees as much as possible and are in line with the overall agreements to be signed between the representatives of the two sides, and possibly also with the relevant host countries and other countries."

The Aix group expects that a large number of refugees will choose to relocate to other countries at the cost of $8 billion to $19 billion, depending on how many refugees will choose to move from their current country of residence. The plan suggests that some of the Palestinian refugees will be rehabilitated in their current locations and will receive compensation "in kind or in money" at a cost of $10 billion to $14 billion.

In addition, the group recommends the creation of a fourth fund, which will require about $22 billion, for compensation relating to "refugeehood" not related to property claims or the other programs. All the registered refugees will receive a uniform amount of about $5,000 each. According to Ha'aretz, the money can be attained in a period spread out over 10 years and with extensive, generous international aid.

Under international humanitarian law the right of refugees to return to their homes is an inalienable, individual human right. Like all human rights, it is invaluable and cannot be bought. Under Israel and Bush's "solution", Palestinian refugee families who had been expelled from what is now Israel would be consigned to return, not to their homes, but to small, non-contiguous parts of less than 22% of their original homeland. Jews from anywhere in the world, on the other hand, would be free to "return" to more than 78% of historic Palestine, frequently to live on land seized from those same Palestinian refugees. Such clear discrimination against Palestinian refugees and privileging of Jews from anywhere in the world illustrates clearly that these proposals would further a separate but unequal solution that cannot result in peace.


Neta Golan is an Israeli peace with justice activist living in Ramallah, and a founder of the International Solidarity Movement. For more information see: http://www.apartheidmasked.org
(2 comments | Leave a comment)

None so strong as the Converted-- Published in Jordan's NOX Magazine

None so strong as the converted
by Jonas Moffat

NOX Magazine, http://www.nox-mag.com/features/dec07/feature2.html


Enraged by the attacks on the World Trade Centre in 2001, Jonas Moffat was set to join the US Air Force – until 90 minutes with the PLO turned his worldview upside down




Pondering from these Prison Walls

Not far from Tel Aviv, as I lay here in my Ramla prison cell staring at the ceiling, not much is there to do besides recap the events in my life that caused me to arrive in this position. I am wearing all black, as if my future self knew before I left my cozy apartment in Ramallah, that this color would represent the mood I currently occupy. Yesterday, I spent the whole day in questioning. “Viscous” is but an understatement for the type of forceful interrogation given by Israel’s Ministry of the Interior. It started as soon as I left Ramallah for Jerusalem on a Palestinian bus. I noted a hint of anxiety. But this anxiousness was not the “normal” kind usually felt when approaching the fortress-like checkpoint of Qalandia, which separates Ramallah from other Palestinian towns and Jerusalem. There was something deeper in this anxiety as our bus waited in the long line and Israeli soldiers checked the permits of Palestinians attempting to cross Qalandia’s walls.

My best friend Katie is beside me. Both of us emanate a sense of nervousness yet skill, having done this so many times. Our fingers slightly touch, offering comfort as one Israeli soldier enters the bus, M16 dangling from his side. Two IDs checked beside us. I’m next. Soldier holds onto my passport, looks me in the eyes, then my passport. “Come with me!” he demands. A shiny pair of handcuffs is pulled from a security official’s pocket. Exiting the bus is Katie, half screaming at the soldiers. Calmly, I ask, “What have I done?” Instead of an answer I find two big security guys on either side of me dragging me to a small white trailer. “This is it,” I thought. “My stay in Palestine has come to an end.” Some ridiculous questioning ensued.

“You are a Muslim, aren’t you?” I responded that I was not a Muslim. “Admit it, we know that you are a Muslim!”

I am not a Muslim, I assured them, but what if I was, I asked.

“Why do you insist that I am a Muslim?”

“Because you have a beard!”

“Have you seen the settlers in Hebron?” I asked. “They all have beards. Are they also Muslims because they have beards?”

“Listen,” they continued, “we know that you are a Muslim and that you have a fake passport.”

Fake passport? “I guarantee you guys that my passport is legit and that I am Christian. I worship Jesus. If you take off my handcuffs I can show you my Jesus keychain.” Katie is detained and released.

“You know it’s dangerous for Israelis to be in Ramallah,” I hear someone consult her. Katie responded with two words, first one beginning with “F” and the second one was “You!” I am placed in a white tinted-window sedan. Part of my optimistic side still believes that all of this is big mistake. Pessimism takes over when I ask the driver where they are taking me and the response is “the airport.”

Our destination is close to the airport. Planes are seen flying low to the ground. “Which one of these is mine?” The next couple of hours are filled with more intense questioning.

“Why do you want a lawyer? Why are you so nervous?” sneers the Interior official with a South American accent.

I turn the questioning over to him: “Are you Chilean?” He smiles but doesn’t answer. And neither do I anymore. I am informed that I will spend the next couple of weeks in jail until my deportation unless I purchase a plane ticket tonight. First word beginning with “F,” second word, “You!” is the response he receives.

Fingerprinted, photographed, and filed alongside the rest of the “troublemakers” who have been booted by the Zionist regime for revealing to the world the horrors and atrocities of the Occupation, now behind bars for these sins of mine.

But it wasn’t always like this.

I contemplated from that uncomfortable jail bed on the chain of events that led me to this land in the first place.

A Tuesday morning in 2001

I arrive at my ambulance company a few minutes late for my 9:00am shift. A handful of Paramedics can be seen glaring at the television when I enter the employee room. No one turns to greet me. I join in on the staring. And there they are, two towers ablaze in New York. This is the moment that a countrywide shock is borne. Subsequently, the paranoia will ensue.

Today, there just so happens to be a supposedly hijacked plane hovering over the skies of Pittsburgh. The fear, admits a superior, is that one of the next “targets” will be one of the many hospitals scattered throughout Pittsburgh. We are dispatched to these facilities.
Shockingly, I am feeling overly patriotic. Maybe it’s the radio? I hear Lee Greenwood’s, “I’m Proud to be an American,” playing almost simultaneously on different stations.

A sense of panic has taken over the streets as my ambulance lights and sirens engulf my perception. My EMT partner is convinced the plane is coming down on the building where his mother works so he makes an unscheduled stop to her department store, loads her into the wagon, and catapults her to the safety of her home. TV and radio stations are already blaming “Arab terrorists” and “freedom-hating Muslims.” And here I am, 21 years old and still impressionable, consuming this information, eating up every piece of it.

I find the nearest shop selling American flag pins and buy a few, pinning one to my chest immediately. “Ooh, look over there, car flags!” (the kind with magnets that stick to the hood of my army-style Jeep Wrangler!) It won’t be long, especially with the help of the mainstream media, before I make up my mind: I will join the US Air Force, to serve as a flight medic, and protect my country! This is the legacy of my family, after all. My parents met via the US Marines. My grandfather served. My great grandfather was on the first ship in Tokyo Bay after Japan surrendered. Now it’s my turn!

The Air Force recruiter is pleased with my decision and schedules me to take the aptitude test next week. I return for the test at the federal building. Once I take this test, I become property of the US military machine. My name, however, is not on the list. The man at the desk apologizes but I “cannot take the test unless your name is on the list.” Luckily, there is another testing in two weeks. He signs me up. Maybe it was a divine intervention, because a week after almost signing away my soul, I will meet a woman who will forever change my course on this planet.

Often, I take a stroll through the Carnegie Mellon University campus. On today’s stroll, I spot a flyer reading, “In pursuit of peace in the Middle East: Diana Buttu, PLO peace negotiation advisor, arrives from Occupied Ramallah to warn of regional disaster as US pursues Iraq war.” Interesting, this presentation starts in an hour. And in one week I join the Air Force, potentially being sent “over there,” so I decide to hear this Diana Buttu. For an hour and a half I listen her. I try and digest what she is relaying to me here in Doherty Hall. The role of the Israeli lobby in the US and their push for war in Iraq, what this all means for US foreign policy in the region, what it means for the Palestinians. Connections never before imagined are made for me here. I imagine myself training with the Air Force and I feel sick.

I follow the crowd to the reception area. There, I meet Diana and the Pittsburgh Palestine Solidarity Committee who organized the event. I am introduced to Kate Daher, the chair of the PSC. Although my head is experiencing a whirlwind, I relay my dilemma to Kate: “I am to join the Air Force in a week to go get the bad guys. After today’s presentation, I am beginning to think we are the ones wearing the horns. I am so confused!” Kate passes me some literature. I go home and devour the handouts. I feel shocked yet exhilarated.

Needless to say, I don’t join the Air Force, though the recruiters didn’t stop calling me for months. Instead, I join the International Solidarity Movement, a Palestinian-led movement committed to resisting the Israeli occupation of Palestinian land using nonviolent, direct-action methods and principles. And it is with the ISM that I will devote the next five years of my life.

I Don’t Want Your Handouts!

I am the only white guy in this wing of the prison. I assume that I am the only one in the whole complex. My cellmates are Sudanese, Ethiopian, Eritrean, and Nigerian. All have been arrested for overstaying their visas in Israel or for being caught sneaking into the country. Many have not given their names. “Three meals a day and drinking water is good enough for me,” says the Eritrean. “And why are you here?” I ponder this question as four guards enter. They hover over my bed. It is day three and I have not eaten their food or drank their water. I have evoked the principles of Gandhi and I do not accept their handouts—their “charity.”

“We are concerned for you,” says one of the guards. “You need to eat.” I stare at them blankly. If they only knew all that Israel has already “provided” me over the past years. And now they are concerned? And what about the Palestinians—all that has been placed on their tables? Don’t Bite the Hand that Feeds You, some may say. I say, don’t eat from the hands that poison you, arrest you, beat you, shoot you, and deport you. If these guards could transcend themselves into my thoughts this is what they would find:

I find myself on Shuhadda Street in the Tel Rumeida neighborhood of Hebron. A Palestinian child is walking home alone. Katie and I are posted on the street to observe Israeli settlers, the most extreme settlers in all of the West Bank. Four 20-something year old settlers are walking this way. The Palestinian boy asks us to walk with him. As I reach the boy’s front door, I see a swift motion behind me. I am karate-chopped by the biggest settler. I fall to the ground. They continue to kick me on the ground until Katie comes over screaming for the soldier to intervene. The boys make a quick getaway. I am left shaken, with several bruises.

Fast-forward a month. Here I am at the sink in my kitchen, pouring water for tea. I see a tiny organism exit the facet and enter the teapot. I ask my Palestinian coworker if this is normal. No, was his concerned response. We make our way to the roof where our water tanks reside. Our roof, you see, is a “closed military zone,” however. The IDF is using it as an observation tower. They are also using our water tanks as garbage bins. Inside we find their trash, everything from bullets to army netting to food containers. Immediately, I assume they have used our tanks as toilets and get nauseas. The organism that dove from my faucet was nothing compared to the thousands that were paddling around in our drinking tanks. Eventually, we will hear from our friend in LA, who stayed in our apartment, that she contracted tapeworm. In my book, this amounts to poisoning.

The following year I am in Bil’in, a Palestinian village that is losing 60% of her farmland to Israel’s Apartheid Wall. At a weekly non-violent demonstration against this monstrosity, I am on the medic team because of my experience as an EMT. When I receive word that an Israeli activist has been shot in the head, I go to the rescue. Meters away from reaching Lymor Goldstein, I hear a soldier yell from behind me. From just feet away, he takes aim with his M16. I start to run. My blue jeans turn red on the left leg. The rubber-coated steel bullet pierces my skin, enters my body, bounces off of my bone, and exits. Lymor isn’t so lucky. The bullet penetrates his skull and enters his brain. According to Israeli military law, shooting rubber bullets from a distance under 40 meters is considered deadly. Miraculously, Lymor survives.

Next year I find myself in the Palestinian village of Artas near Bethlehem. Farmers have been warned that Israeli bulldozers will soon arrive to uproot their apricot trees to pave the way for a sewage system for the settlement atop the adjacent hill, currently under construction. For a week we have camped out under the trees to be ready for the arrival of the Israeli Occupation Forces, eating and drinking tea under the stars, bonding with Palestinian, Israeli, and international activists. This is this morning the bulldozers arrive.

Some activists have chained themselves to the trees. Others are making a human wall affront the soldiers. Soon, men, women, and children are seen being launched over a wall, falling to the ground, screaming in various languages for the soldiers to stop. One soldier tries to take my camera and break it but I am too quick. Instead, I am launched over the wall, protecting my camera in my arms, caught by the activists on the other side like stage diving. When the IOF has secured us far enough away from the scene, the sound of the bulldozer can be heard. In a matter of minutes, a whole field of apricot tress is obliterated, along with a whole family’s livelihood. I cannot hold back my tears as a stony-faced Palestinian farmer hugs me tightly.

I would love to relay these stories, and a mountain of others, to the guards standing over my bed urging me to eat their food. Something tells they wouldn’t care. Something tells me that, in their eyes, I am the bad guy. I could spend the next few days telling them why I am not going to eat their food, with images of Palestinians being carried away on stretchers from non-violent demonstrations, women passed out on the ground due to extreme tear gas inhalation, blood stains on walls in Balata refugee camp, miles of concrete separating Palestinians form their schools and families.

But I don’t have a few days. Soon I will be deported for my crime of witnessing and documenting Israel’s human rights violations, for sharing the truth from Occupied Palestine. The Ministry of the Interior judge tells me that I have enough problems in my own country. She tells me that I am outlawed from her country for the next 10 years, “plenty of time to cause trouble in the States.” We shall see. From the river to the sea, Palestine will be free.



Jonas Moffat has been active with the International Solidarity Movement since 2003. He is the co-founder of the Tel Rumeida Circus for Detained Palestinians. Jonas is currently working as a freelance writer in Cairo. He maintains a blog at: http://joeskillet.livejournal.com









A full version of this article appears in NOX issue 17
(or email me for full version of article)

http://www.nox-mag.com
(4 comments | Leave a comment)

Sunday, November 18th, 2007

In the war of words, The Times is Israel's ally

In the war of words, The Times is Israel's ally

The paper consistently adopts Israel's language, giving credence to an inaccurate, simplistic and dangerous cliche.

By Saree Makdisi, SAREE MAKDISI, a professor of English and comparative literature at UCLA, writes frequently about the Middle East.
March 11, 2007

'AS SOON AS certain topics are raised," George Orwell once wrote, "the concrete melts into the abstract and no one seems able to think of turns of speech that are not hackneyed: Prose consists less and less of words chosen for the sake of their meaning, and more and more of phrases tacked together like the sections of a prefabricated henhouse." Such a combination of vagueness and sheer incompetence in language, Orwell warned, leads to political conformity.

No issue better illustrates Orwell's point than coverage of the Israeli-Palestinian conflict in the United States. Consider, for example, the editorial in The Times on Feb. 9 demanding that the Palestinians "recognize Israel" and its "right to exist." This is a common enough sentiment — even a cliche. Yet many observers (most recently the international lawyer John Whitbeck) have pointed out that this proposition, assiduously propagated by Israel's advocates and uncritically reiterated by American politicians and journalists, is — at best — utterly nonsensical.

First, the formal diplomatic language of "recognition" is traditionally used by one state with respect to another state. It is literally meaningless for a non-state to "recognize" a state. Moreover, in diplomacy, such recognition is supposed to be mutual. In order to earn its own recognition, Israel would have to simultaneously recognize the state of Palestine. This it steadfastly refuses to do (and for some reason, there are no high-minded newspaper editorials demanding that it do so).

Second, which Israel, precisely, are the Palestinians being asked to "recognize?" Israel has stubbornly refused to declare its own borders. So, territorially speaking, "Israel" is an open-ended concept. Are the Palestinians to recognize the Israel that ends at the lines proposed by the 1947 U.N. Partition Plan? Or the one that extends to the 1949 Armistice Line (the de facto border that resulted from the 1948 war)? Or does Israel include the West Bank and East Jerusalem, which it has occupied in violation of international law for 40 years — and which maps in its school textbooks show as part of "Israel"?

For that matter, why should the Palestinians recognize an Israel that refuses to accept international law, submit to U.N. resolutions or readmit the Palestinians wrongfully expelled from their homes in 1948 and barred from returning ever since?

If none of these questions are easy to answer, why are such demands being made of the Palestinians? And why is nothing demanded of Israel in turn?

Orwell was right. It is much easier to recycle meaningless phrases than to ask — let alone to answer — difficult questions. But recycling these empty phrases serves a purpose. Endlessly repeating the mantra that the Palestinians don't recognize Israel helps paint Israel as an innocent victim, politely asking to be recognized but being rebuffed by its cruel enemies.

Actually, it asks even more. Israel wants the Palestinians, half of whom were driven from their homeland so that a Jewish state could be created in 1948, to recognize not merely that it exists (which is undeniable) but that it is "right" that it exists — that it was right for them to have been dispossessed of their homes, their property and their livelihoods so that a Jewish state could be created on their land. The Palestinians are not the world's first dispossessed people, but they are the first to be asked to legitimize what happened to them.

A just peace will require Israelis and Palestinians to reconcile and recognize each other's rights. It will not require that Palestinians give their moral seal of approval to the catastrophe that befell them. Meaningless at best, cynical and manipulative at worst, such a demand may suit Israel's purposes, but it does not serve The Times or its readers.

And yet The Times consistently adopts Israel's language and, hence, its point of view. For example, a recent article on Israel's Palestinian minority referred to that minority not as "Palestinian" but as generically "Arab," Israel's official term for a population whose full political and human rights it refuses to recognize. To fail to acknowledge the living Palestinian presence inside Israel (and its enduring continuity with the rest of the Palestinian people) is to elide the history at the heart of the conflict — and to deny the legitimacy of Palestinian claims and rights.

This is exactly what Israel wants. Indeed, its demand that its "right to exist" be recognized reflects its own anxiety, not about its existence but about its failure to successfully eliminate the Palestinians' presence inside their homeland — a failure for which verbal recognition would serve merely a palliative and therapeutic function.

In uncritically adopting Israel's own fraught terminology — a form of verbal erasure designed to extend the physical destruction of Palestine — The Times is taking sides.

If the paper wants its readers to understand the nature of this conflict, however, it should not go on acting as though only one side has a story to tell.
(1 comment | Leave a comment)

Monday, October 22nd, 2007

Daily News Egypt:US court dismisses Caterpillar case filed by Rachel Corrie and Palestinian families

By Jonas Moffat
October 21, 2007



http://www.dailystaregypt.com/article.aspx?ArticleID=9873



CAIRO: In September, a US Court of Appeals dismissed a case against Caterpillar, Inc., which alleged seven claims, including aiding and abetting war crimes, extrajudicial killing, wrongful death, and other serious human rights violations.

The Center for Constitutional Rights (CCR) took the case on behalf of the family of Rachel Corrie and four Palestinian families.

Corrie, an American peace activist, was killed on March 16, 2003 by a D9 Caterpillar bulldozer when it ran over her twice while she was trying to prevent the demolition of a Palestinian home. She was 23. The four Palestinian families are representing 17 family members who were either killed or injured by Caterpillar bulldozers.

In their decision, federal appeals judges claimed that they lacked jurisdiction to hear this case. Judges evoked the “political questions doctrine,” which they said would “require the federal judiciary to ask and answer questions that are committed by the Constitution to the political branches of the US government.”

Furthermore, the political questions doctrine, judges claim, would cause them to examine the role of the US government in financing the sale and purchases of Caterpillar bulldozers to the Israeli Defense Forces.

“We knew that 'political questions' might be a factor in the court's decision,” Cindy Corrie told Daily News Egypt, “but we did not think that it would be applied in this way.”

Gwynne Skinner, one of the lawyers representing Corrie's family, told Daily News Egypt that the judges calling on the “doctrine of political questions means that they cannot even look at any of the questions or evidence we are presenting, because of the ‘separation of powers’ in the government. They are saying that they 'constitutionally' can’t review the case.”

Cindy Corrie, Rachel’s mother, said, “In our view and in our lawyers' view, there was not enough information at this early stage for the court to truly determine the level of involvement of the US government in the sales. Also, we and our lawyers believe that it has historically been the role of the courts to hear claims for injuries caused by human rights violations, especially where an American company has aided and abetted those violations.”

Skinner added, “This court is a good court because it is based on law and not politics. If the judges decided to hear this case it would not affect the political body’s support of Israel. However, those who blindly support Israel tend to be very vocal, and any decision by the court will most certainly create a firestorm around it.”

She added that the court is the only forum to hold Caterpillar accountable. “If the judges decide not to hear this case, there will be no relief or justice for the lives of Rachel Corrie or the thousands of Palestinian families affected, and this is a tragedy.”

CCR, the Corries, and the Palestinians families are not giving up with this court’s decision, however. A motion for rehearing was filed on Oct. 9. Whether the court will accept the motion, Skinner said, “is a waiting game.” If the court refuses, they could then appeal to the Supreme Court — a move Skinner doubts they will take.

Corrie added, “We believe the court did not have enough information to decide whether this case should be dismissed based on a political question. We have in the petition asked the court to order more discoveries in the case, wherein more information about how the bulldozers are sold and the level of involvement of the US government in actually approving the sales can be better ascertained.”

According to Attorney Skinner, the court relied on an affidavit filed in separate hearings that the Caterpillar bulldozers were paid for by the US government “without giving any chance to see if this was true. There is no bit of scrutiny being used here.”

Corrie added, “There is no evidence that the US government had a policy that these bulldozers were to be sold and used to demolish civilian homes — in violation of international humanitarian and human rights law.” Asked if the Corries believed the court acted in good faith, she responded, “We think the court acted in good faith, but we believe they ruled incorrectly and we hope that they will reconsider this decision and its potential impact.”

In Sept. 2007, an Israeli bulldozer killed 19-year-old Mahmoud Kayid Al Kfafi in the Gaza Strip. According to eyewitnesses, the Caterpillar bulldozer hit Al Kfafi in the head with its razor, killing him immediately. To escape the gunfire being shot from IDF tanks at stone throwers, Al Kfafi sought refuge behind an olive tree.

Doctors said the bulldozer broke his skull wide open and his brain was out of it.

Corrie said that they are currently active with this case as well, stating that “we are involved today with a day of action against Caterpillar, Inc. calling for them to end their role in this occupation and to cease their sales to the Israeli military of equipment repeatedly used to break international humanitarian law.”
(1 comment | Leave a comment)

Interview with Jonas Moffat, by Patrick McDermott (2007)

An Interview with Jonas Moffat,
by Patrick McDermott (2007)

http://www.philipmetres.com/content/view/69

It is often tempting to overlook injustice that does not impact one's daily life. It is unsettling to acknowledge that millions throughout the world cannot enjoy the same freedoms that many take for granted in this country. It is easier not to think about it. This apathy, however, is what allows oppression and evil to persist in the world. Without brave individuals standing up and speaking out, some of history's greatest injustices may have never been corrected. Peace and human rights activists focus their efforts on correcting these injustices and making sure that the world does not turn a blind eye to them. While their efforts may not be widely publicized, the impact that they have is undeniable.

One such individual trying to make an impact is Jonas Moffatt. Jonas is an American activist who centers his efforts in the Israeli-occupied West Bank. While Jonas originally arrived in Palestine as a human rights observer for the International Solidarity Movement (ISM), his role has changed somewhat. Jonas became the co-founder of an organization known as the Tel Rumeida Circus for Detained Palestinians (TRCDP). This organization performs circus-style shows in and around Israeli checkpoints in the West Bank. These shows are a way of alleviating tension in what is typically a hostile setting. The TRCDP is certainly a creative approach to activism and also one that is gaining many fans. Whenever Jonas is back in the United States, he and others from both the ISM and TRCDP tour the country educating individuals about their efforts and the Israeli-Palestinian conflict in general.

I first learned of the Tel Rumeida Circus when I met Jonas at the Cleveland Sabeel Conference. After the conference, Jonas and I began corresponding and I was also able to gather information from his website and blog. Jonas was more than happy to answer questions that I had regarding his involvement in Palestine and a transcript of my interview follows:

What was your knowledge or understanding of the conflict while growing up/ previous to getting involved?

Before I heard Diana Buttu, a lawyer for the PLO Negotiation Affairs Dept, I didn't even know where Palestine was on a map. Ms. Buttu was speaking at Carnegie Mellon University in Pittsburgh, PA, and I just happened to see the flyer hanging up on campus and decided to hear her lecture, entitled "In pursuit of peace in the Middle East." My previous understanding was very low. I would have told you that Palestinians were the aggressors or even that Palestine was occupying Israel. But hearing Ms. Buttu speak opened the gates to dismantling the media-version of Palestine and the Palestinians that was forced upon me from as far as I could remember.

How did you first become involved with Tel Rumeida Circus for Detained Palestinians?

I was a human rights observer in the Tel Rumeida neighborhood of Hebron, Palestine, last summer, 2006. One of our duties was to sit or walk the streets in areas of high tension. Tel Rumeida is a Palestinian neighborhood where right-wing, fundamentalist Jewish Israeli settlers have illegally colonized some of the neighborhood. Often, these settlers will attack Palestinians on their way to and from work, school, and home. There is a checkpoint leading into one of the streets, called "Shuhadda St." which means the street of the martyrs. This military checkpoint separates Palestinians in Tel Rumeida from Palestinians in the larger part of Hebron.

Daily, Palestinians, mostly men in their teens, 20s, 30s, 40s, are subject to arbitrary ID checks. Sometimes, soldiers will detain these men for hours in the hot sun and refuse to give them water.

Another human rights worker and myself, happened to have our circus equipment with us like our poi spinners and juggling pins. We were teaching Palestinian children who live on Shuhadda street circus skills. These children rarely come out and play because they are afraid of being attacked by extremist settlers.

One day, we saw that a Palestinian man was being detained for quite a long time. We decided, in response to this, to try and de-escalate the situation. We started performing next to the checkpoint. Our hope was to put the soldiers in a better mood, to entertain the detainees, to take the focus off of the Palestinians and to place it on us. That first day, the soldiers released the detained Palestinian almost immediately. We showed the soldiers that we were not threatening.

We would return from Shuhadda St. to the checkpoint anytime the soldiers were detaining a Palestinian for long periods of time. And that's how we adopted our name: the Tel Rumeida Circus for Detained Palestinians.

Can you briefly explain exactly what the TRCDP does?

And eventually TRCDP grew. We were asked to start teaching classes at the community center. Because we didn't have any funding or additional equipment, we began to make equipment by hand, using cloth and lentils and thread, then sewing them together to make poi swingers and juggling bean bags.

Then, every Friday, we were asked to perform a weekly fire show, choreographed and set to music. Palestinian children and adults from the neighborhood would gather around. Eventually they told their friends and every Friday our circus audience would grow.

At times, Israeli soldiers from the various checkpoints in the area would leave their post and watch TRCDP perform from the background.

Do you feel that being Jewish is a conflict of interest in the line of work that you do?

Katie Miranda, the co-creator of TRCDP is Jewish. You can direct this
question to her at: katie@theopticnerve.com


How are you received in the United States when you tell people about the type of work that you do?

In the US, I am generally well-received by the majority of my audiences. There are times, however, when I am accused of being anti-Semitic or anti-Israel when I speak. My response is that the photos and videos and stories speak for themselves. When you see a wall ripping apart a village and stealing 60% of the farmland, it speaks for itself. When you see Israeli soldiers forcing Palestinian youth to serve as human shields for the army vehicle, the video speaks for itself. They are the policies
of Israel, apartheid laws that not only me, but the entire international community, international law, Geneva conventions, and human beings are against.

But typically people are shocked when they see my presentations and want to get more involved in some way or another.

How are you received by the Jewish American community for the type of work that you do?

When Katie and I were on a speaking tour for TRCDP of the US, we were denied speaking at a couple synagogues, but for the most part, the Jewish American community that I have been in contact with have been very supportive. The Middle East Peace Forum, for example, hosted my presentation in Pittsburgh.

Do you feel that the average American citizen has an accurate understanding of the current situation in Palestine?

NO, I do not believe that the average American citizen has an accurate understanding of the situation in Palestine. I don't think anyone anywhere in the world can begin to remotely understand it unless they come here and see the situation for themselves, a situation the Desmond Tutu and Jimmy Carter both say is worse than South African Apartheid. Regarding American citizens, I blame it mostly on the media, and the slant they give and their bias towards Israel. I would recommend "IfAmericansKnew.org" for anyone that wants to understand the extent of this Israel bias. It is also the power of the American Israeli Public Affairs Committee, one of the largest lobbies in the United States, just a step under the gun lobby. These two factors combined make it nearly impossible for the average American citizen to understand Palestine's situation-- unless they happen to have a Diana Buttu in their life.

What do you think is the biggest misunderstanding or stereotype that Americans have of this conflict?

"All Palestinians are terrorists." I think this is the biggest stereotype. When the media only reports on suicide bombings in Israel and refuses to talk about the massive non-violent resistance movement all over Palestine, or the state-sponsored Israeli terrorism that drops bombs on crowded markets and schools in Gaza, or the demolition of Palestinian homes and olive trees in the West Bank-- when all Americans hear are the violent and negative aspect of Palestinian resistance, it helps to foster this stereotype. When the media over-reports on this violence and does not give a fair account of the Palestinian version- it mandates this stereotype and misunderstanding into the mainstream. It is a stereotype that I once subscribed to. But being here, and living it, and breathing it and feeling it, crossing through military checkpoints and eyewitnessing olive tree uprooting and home demolitions, helps to deconstruct that stereotype, and I would welcome anyone in the US, or the world for that matter, to see the destruction that our tax dollars are causing, in our name. No one can leave Palestine, who holds the "terrorist stereotype", without having it do a full 180.

Do you believe that current war in Iraq has brought more attention to the Palestinian cause?

I don't know if, as a whole, the Iraq war has brought more attention to the Palestinian cause. On a personal level, it did for me. This again relates back to Diana Buttu. Her presentation highlighted the inevitable upcoming war in Iraq. This inherently related to Palestine.

The writers and politicians of PNAC, project for a new American century, called for this war in Iraq. Besides the oil, it doubly served as a war for Israel, and her security. So, along with Iraq, surely it brings more attention to the region. Saddam Hussein, the man whose power the Americans helped to create and strengthen, was later put to death at the request of the same people who made him. Saddam's last words highlighted the Palestinian cause, basically saying that one day Palestine will be free.

Can you describe your feelings and emotions the first time that you visited a Palestinian refugee camp?

Palestinian refugee camps are truly unbelievable and heartbreaking. Here, in some of the most densely populated areas on earth, you have Palestinians who have been kicked out of their homes in what is now Israel. Nearby you can see Israeli settlements with Stars of David waving high and proud, with lush green gardens and water fountains. Then you look to where you are standing, the crowded houses, the children, the mothers and fathers whose faces tell the saddest tales of dispossession and despair-- but who refuse to give up, who resist by striving to survive.

Then on some nights, you hear Israeli tanks and military vehicles driving up and down the deserted streets looking for "wanted men." Curfew may be called by Occupation Forces and no one is allowed on the streets, cannot go to buy milk and water for the children. Patients cannot reach the hospital.

Then you talk to the refugees. Some of them, like their great and great-great grandparents, came from Haifa or Tel Aviv. Then they relocate to the West Bank. Some time later the Israeli government comes in and steals their land to either build an illegal Israeli settlement or to expand an already existing one, demolishing homes in the meantime and becoming refugees twice over. And they end up in the camps, having left their livelihoods, and now relying on international aid so that they can feed themselves and their children.

But they have not given up hope. And you sit with them outside their crowded homes and drink tea and coffee and hear their stories. They have nowhere else to go but back to their homes in what is now Israel. And most of them have not given up on this right of theirs. Some of them showed me their keys and deeds to their houses. And with despair and symbols of military occupation all around them, they can still smile and the hope is still there. And they ask me to take these stories back to America. But my words when I return are up against the words of Fox and CNN.

The camps show you the despair and the plight of the Palestinians, and the undying hope that emanates from it.

How many times have you been arrested or detained by Israeli forces?

Israeli Forces arrest internationals often in Palestine. It is usually during direct actions against the Apartheid Wall or when they try and prevent the demolition of Palestinian homes and farmlands. Internationals with their Palestinian friends will use non-violent techniques to try and dismantle the occupation, like cutting illegal fences which separate Palestinian land from Palestinian land, or they will chain themselves to olive trees that Israeli bulldozers are set to demolish, or they will intervene in a situation where Israeli settlers or soldiers attack Palestinians. According to the Israeli forces, these are grounds for arrest, deportation, or detentions. Just today, a British human rights worker was arrested for supposedly spray painting "Free Palestine" on a wall in the Tel Rumeida neighborhood of Hebron, which is a Palestinian neighborhood under full Israeli military control.

I myself have been detained a few times. Israeli police and border police, just for sitting on the street in Tel Rumeida, serving as a human rights observer, have taken my passport many times. They will detain me in these circumstances until they do a "background check" on me and usually let me go. They, for the most part, know that I am there to witness and document the occupation, and thus, they harass me and try to get me to leave. Once, on a bus full of Palestinians, the Israeli police singled me out and detained me on the side of the road near Hebron. I remained in the sun for one hour. Again, this happens to Palestinians on a daily basis. But sometimes when they see internationals they use these tactics as a means to make us never want to come back. But we do.

Last summer, 2006, Israeli soldiers were beating a farmer in the Hebron region. He was standing in front of a Caterpillar bulldozer, attempting to block the machine from tearing apart his land. The army was destroying the land to make way for the Apartheid Wall. Two Jewish Americans and myself intervened to protect the farmer. We succeeded in halting the abuse, but instead the soldiers detained the other human rights workers and myself. The police came and arrested us. All of this for joining the non-violent struggle to resist land destruction and occupation.

Analysis

It is apparent from speaking with Jonas that he clearly sympathizes with the Palestinian cause. It is obvious that his time in Palestine has caused him to see past his religious and ethnic heritage and view the conflict with a new lens. Moreover, I was surprised to learn that the Jewish American community was in fact "very supportive" of him. I understand now that there is a distinct difference between supporting the state of Israel and supporting Israeli policy.

Another aspect of the interview that I found very interesting was how the TRCDP originally started. I think it's fascinating that the human rights workers resorted to entertainment as way to ease a touchy situation. The founding of the TRCDP made me think of literary characters such as Khilmi in Smile of the Lamb and how he uses his storytelling to help himself and others around him transcend their predicament. Both of these examples show the value of distraction in desperate situations. In addition, I also thought of the scene in Wild Thorns where Usama is stopped and interrogated at an Israeli checkpoint. I cannot help but think that a situation such as that one may have been eased somewhat had a circus performance been occurring nearby.

One response that I found very noteworthy dealt with the stereotypes that Americans have of Palestinians. I am somewhat ashamed to admit that prior to taking this class I also would have made the assumption that "All Palestinians are terrorists." I see now, however, the danger that comes with limited knowledge and a premature desire to choose sides.

Jonas's vivid description of Palestinian refugee camps is also something that I found important and profound. Having never experienced anything remotely close to living in a refugee camp, I cannot begin to imagine the day to day existence of those individuals. Even more surprising was the hope of the people that Jonas described. It is astonishing to me that individuals, without a home for almost 60 years, can still be optimistic in the face of so much despair.

In retrospect, the overwhelming sense that I got from my interaction with Jonas was simply that ordinary people can do extraordinary things. Jonas Moffatt will not be the individual who brings an end to the Israeli-Palestinian conflict. His willingness to act, though, plants knowledge, raises awareness, and increases hope. Jonas said that his involvement started because someone made him aware of the situation that was occurring in Palestine. If Jonas can be a catalyst, encouraging others to act on their convictions as well, then perhaps sometime in the future we will see a lasting, just peace in the Middle East.
(Leave a comment)

A Poem for TRCDP

by Philip Metres



The Tel Rumeida Circus for Detained Palestinians

For Jonas Moffat and Katie Miranda



Then said they unto him, What shall we do unto thee,
that the sea may be calm unto us?
for the sea wrought, and was tempestuous…
--Jonah 1:11


Because the blur of flame encircling the bodies
can be mastered—flexed by stone-tested wrists—

and though this scorched earth gives birth to a stone
for every stone that’s thrown—Jonas can cast

three stones pitched in anxious air—to hover there—
and though Jamil has lost his sense of smell—because

he lifts his nose to the arc of flight—of firelight—
another detention blurs into attention—

because Katie summons ignition and—unburned—turns
at its axis—the port of access and daily denial

where the people must wait to have their names
confirmed—and hunker in the mouth of a whale—

because they walk the line of fire, and swallow
the conflagration—straining—beneath the ribcage—


Philip Metres
Associate Professor
Department of English
John Carroll University
20700 N. Park Blvd
University Heights, OH 44118

http://www.philipmetres.com
http://www.behindthelinespoetry.blogspot.com


(Leave a comment)

Wednesday, October 10th, 2007

Bil'in: Israeli Army Arrests 11 Year Old Boy

Israeli Occupation Forces at it Again:

Arrets 11 Year Old Boy
Shoots Cameraman in leg
Hits Palestinian Woman in Face
Then retreats to contiue their Occupation



Video by Emad Bornat:

04/05/of October 2007
The village off bilin in Palestine peacefully
Protest against the wall and the Israeli occupation
The villagers were accompanied by Israelis and Internationals.
One kid 11 years old was arrested and 5 people injured .
Emad bornat who has filmed the weekly demonstration in his village for
The last 30 months was injured today in his leg .
emad has helped the people of Bil'in bring their story to the world.
(Leave a comment)

Wednesday, September 26th, 2007

Court Refuses to Hear Case Against Caterpillar

Center for Constitutional Rights and Corrie Family respond to decision by 9th Circuit Court of Appeals

CONTACT: David Lerner, Riptide Communications, 212.260.5000

COURT OF APPEALS DISMISSES CCR CASE AGAINST CATERPILLAR FOR DEATHS AND INJURIES IN PALESTINIAN HOME DEMOLITIONS


from THE RACHEL CORRIE FOUNDATION
http://www.rachelcorriefoundation.org/


Case Filed on Behalf of Family of Activist Rachel Corrie and Four Palestinian Families Whose Homes Were Demolished By Caterpillar Bulldozers

September 17, 2007, New York, NY – Today, the Ninth Circuit Court of Appeals affirmed the dismissal of CCR’s case charging Caterpillar, Inc. with aiding and abetting war crimes and other serious human rights violations on the grounds that the company provided bulldozers to Israel knowing they would be used unlawfully to demolish homes and endanger civilians in the Occupied Palestinian Territory.

Today’s decision from a three-judge panel of the Court of Appeals found that it did not have jurisdiction to decide the case because Caterpillar’s bulldozers were ultimately paid for with money from the United States. Because of the U.S. government’s decision to grant military assistance to Israel, any decision regarding whether Caterpillar aided and abetted war crimes would impermissibly intrude upon the executive branch’s foreign policy decisions. In today’s decision, the Court did not rule on the question of whether Caterpillar aided and abetted Israeli war crimes.

“We are extremely disappointed with the Court’s refusal to decide whether Caterpillar violated the law, essentially because it did not want to question the U.S. decision to pay for the bulldozers,” said CCR Senior Attorney Maria LaHood. “The Court has a constitutional duty to uphold the law, and the law prohibits aiding and abetting war crimes - regardless of who’s footing the bill.”

The case, Corrie, et al. v. Caterpillar Inc. was brought by the parents of Rachel Corrie and four Palestinian families whose family members were killed or injured when Caterpillar bulldozers demolished their homes. Corrie, a 23-year-old American peace activist and student at Evergreen State College in Olympia, Washington, was killed March 16, 2003, in the Gaza Strip by a Caterpillar D9 bulldozer while protecting a home from illegal demolition.

“For our family, the court proceedings were trying to bring some accountability for Caterpillar’s role in human rights violations,” said Craig Corrie, father of Rachel Corrie. “Of course, Caterpillar always has the option to act responsibly and could do that by ceasing to provide Israel these bulldozers no matter how they are financed. I call on Caterpillar management to decide that that’s not how Caterpillar wants to make money.”
Added Cindy Corrie, mother of Rachel Corrie, “On behalf of Rachel and Palestinians killed in home demolitions by Caterpillar bulldozers, including three children under 9 years old, a disabled man, and an elderly man, we are extremely disappointed with this decision, and I will continue to seek justice and accountability for all of them.”

Caterpillar provided the D9 bulldozers to the Israel Defense Forces (IDF), knowing they would be used to unlawfully destroy civilian homes. Since the year 2000, the IDF has used Caterpillar bulldozers to destroy more than 4,000 Palestinian homes, leaving thousands of individuals homeless in the process. The Caterpillar D9 bulldozer is over 13 feet tall and 26 feet wide, weighs more than 60 tons with its armored plating, and can raze houses in a matter of minutes.

Much of the world community, including the United Nations and international human rights organizations, has consistently condemned these demolitions as a clear violation of international humanitarian law. For years, Caterpillar has had notice that the IDF was using its D9 bulldozers for human rights violations; despite this, the company has continued to provide them to the Israeli government.

“It is important to note that the Court did not reach the substantive questions about Caterpillar’s role in aiding and abetting violations of international law,” said Gwynne Skinner, Visiting Clinical Professor at Seattle University Law School, who, along with CCR, also represents the Corrie family. “However, with regard to the Court’s view that it lacks jurisdiction to decide the case, we are reviewing the decision carefully and will decide soon how to proceed.”

The case, which was filed in March 2005, was dismissed by Judge Franklin D. Burgess in the Western District of Washington in November 2005. In July 2007, the Ninth Circuit Court of Appeals heard oral arguments on whether the case should proceed.

The plaintiffs are represented by the International Human Rights Clinic at Seattle University School of Law, the Seattle-based Public Interest Law Group, PLLC, the Palestinian Center for Human Rights, and the Center for Constitutional Rights.


About CCR
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.

(1 comment | Leave a comment)

Saturday, September 22nd, 2007

Deported Yo' Ass Studios: INDO! the Movie, WATCH IT HERE!



Deported from Israel.
Whisked away to Bali.
What's a boy to do?
Besides make a Movie...


Click Indo! the Movie to watch it!
(Leave a comment)

Friday, September 21st, 2007

Znet: Bil'in will continue to struggle against the wall and settlements


by Mohammed Khatib
September 20, 2007

http://www.zmag.org/content/showarticle.cfm?SectionID=107&ItemID=13828

photo by Jonas

On September 4, after nearly three years of nonviolent protests by our village of Bil’in, the Israeli Supreme Court ruled that Israel’s wall here must be moved further west, returning 250 acres of our farmland. In Bil’in we celebrated, along with our Israeli and international supporters.

But Israel’s Supreme Court demonstrated both the power of nonviolent resistance to Israeli occupation, and its limits. On September 5 the court rejected our petition to stop the construction of another Israeli settlement, Mattiyahu East, on our land even further to the west. Israel, with US support, appears determined to retain major West Bank settlement blocs, including one west of Bil’in, that carve the West Bank into bantustans.

Bil’in is a West Bank agricultural village with 1600 residents located just east of “the Green Line”, the pre-1967 border between the West Bank and Israel. In Bil’in, as in tens of Palestinian villages, Israel exploited security justifications to build a wall deep inside the West Bank and seize Palestinian land for illegal settlements. Israel trapped 60% of our land behind the wall, mostly olive groves that we depend on.

In December, 2004 when the Israeli army started bulldozing our land and uprooting olive trees to build the wall, we went to our fields to protest. We learned from other West Bank villages that nonviolently resisted the wall, and we studied Gandhi, King and Mandela.

We developed creative activities for our weekly protests. One Friday, activists locked themselves inside a cage, representing the wall’s impacts. Another time, we built a Palestinian “outpost” on our village’s land located behind the wall and next to an Israeli settlement, mimicking the Israeli strategy of establishing outposts to expand settlements.

Another Friday we handed the Israeli soldiers a letter saying, “Had you come here as guests, we would show you the trees that our grandfathers planted here, and the vegetables that we grow… There will never be security for any of us until Israelis respect our rights to this land.”

We hosted two international conferences on nonviolent resistance, and many Israeli and international activists responded to our call to join us in a “joint struggle.” Palestinians, Israelis and foreigners suffered patiently together as the soldiers met our nonviolent actions with teargas, rubber-coated steel bullets, and clubs. Over 800 activists were injured in 200 demonstrations. An Israeli attorney and a Bil'in resident both suffered permanent brain damage from rubber-coated steel bullets shot from close range. Another Palestinian lost sight in one eye. 49 Bil’in residents, including some protest leaders, were arrested. Some spent months in prison.

Our achievements are due to our persistence, the worldwide media attention we attracted, and the support we gained from committed Israeli activists.

We never expected much from the occupier’s courts. The Israeli official who planned the wall told the Washington Post last month that he lost only three legal challenges to the wall’s path, out of 120 appeals filed, this though the wall isolates 10% of the West Bank and was ruled illegal where it is built inside the West Bank by the International Court of Justice.

All Israeli settlements are illegal under international law. Still, Israel’s Supreme Court legalized the settlement of Mattiyahu East on our land, even though Mattiyahu East appeared to violate even Israeli law because it lacked an approved building permit.

The rush to build followed President Bush’s April, 2004 letter to then Israeli Prime Minster Ariel Sharon stating that, “new realities on the ground, including already existing population centers” make it unrealistic to expect Israel to withdraw completely to the Green Line. Israel responded by expanding “existing population centers”, building huge apartment complexes, like Mattiyahu East, for hundreds of thousands of people, and calling them neighborhoods in existing settlements.

These expanding settlement blocs fall conveniently on Israel’s side of the wall. Strategically situated, the settlement blocs divide the West Bank into four isolated regions. Therefore, their annexation to Israel will render any Palestinian state unviable. Yet annexation of the settlement blocs is reportedly central to new Israeli government peace proposals to Palestinian President Abbas.

We will continue to challenge these expanding settlements because they threaten the futures of Bil’in and the Palestinian people. And we will put our experience at the service of other communities struggling against the wall and settlements. From Bil’in, we call on Israeli and international activists to join us as we renew our joint struggle for freedom.

Mohammed Khatib is a leading member of Bil'in's Popular Committee Against the Wall and the secretary of Bil'in's Village Council.
(Leave a comment)

Wounded activist testifies against Irsaeli Occupation Forces

from JPost:
 http://www.jpost.com/servlet/Satellite?cid=1189411452761&pagename=JPost%2FJPArticle%2FShowFull



Brian Avery, the American human rights activist who was shot in the face and badly wounded in the West Bank in 2003, took the stand for the first time since the incident in the opening hearing of a civil suit in Jerusalem Magistrate's Court on Thursday that he filed for damages against the state.

Avery, 29, was shot on April 5, 2003 in Jenin when he and several other members of the International Solidarity Movement (ISM) went out to investigate whether there had been casualties that needed medical help after hearing gunshots.

He charged that as he and a colleague, Tobias Karrson, were heading towards the meeting place with the other four ISM volunteers, they ran into an IDF patrol consisting of an armored personal carrier and a tank. According to his account, he and Karrson stopped in their tracks and held out their arms to demonstrate that they were not armed. They were also wearing red reflector vests with the word "doctor" in English and Arabic. Avery said that despite the fact that there was still light and the street lamps had already been turned on, the APC opened fire, hitting him in the face, smashing his jaw and the bone beneath his eye and severely disfiguring him.

Until last year, and then only because of the intervention of the High Court of Justice, the army refused to conduct a criminal investigation on the grounds that there was no IDF record of a shooting incident taking place at the time and place claimed by Avery and the other five ISM volunteers who said they had witnessed the incident.

According to an investigation conducted by the commander of the Menashe Brigade, the patrol had been involved in four clashes with civilians during that day. Although one took place close to the site of the shooting described by Avery, and the soldiers reported firing eight to 10 rounds, they said they had aimed at the road and did not report any casualties.

Avery petitioned the High Court of Justice on December 12, 2004, demanding that the Military Criminal Investigation Division investigate the incident. On November 27, 2006, after the court had issued a show-cause order instructing the state to explain why it refused to do so, the state caved in.

"The Military Advocate-General believes there is no reason to change his predecessor's decision not to order a criminal investigation," it told the court. "Despite this, and in order to remove any doubt regarding the seriousness of the army's field investigation, the Military Advocate-General has decided, above and beyond the call of duty, to order the Military Police to launch an investigation." Meanwhile, however, Avery also launched a civil suit for damages against the state for the injuries and suffering he sustained.

Although Israel funded Avery's recuperation and operations in Israel, it has not paid for any of the extensive reconstruction work done on his face after he returned to the US.

Avery arrived here on Sunday together with three of the ISM volunteers who said they had witnessed the shooting, Lasse Schmidt, Ewa Jasiewicz and Jens Grandin. The four testified before Military Police investigators and on Tuesday went to the site in Jenin to reconstruct the incident.

Avery told The Jerusalem Post that the investigators had behaved "very professionally and were courteous and accommodating." On Thursday, the civil trial began, with Avery being represented by Attorney Shlomo Lecker.

The court has divided the suit into two parts. In the first part, which is taking place now, it will determine whether the army was responsible for shooting Avery. If it decides that it was, it will determine the amount of damages Avery should receive.

* * * * * * * * * *
http://www.haaretz.com/hasen/spages/905854.html

IDF brings peace activist back to Jenin
By Meron Rapaport, Ha'aretz

Early Wednesday morning, a convoy of armored personnel carriers and four Israel Defense Forces jeeps entered Jenin - not an unusual event, but one of the armored jeeps had four very unusual passengers. The four foreigners had previously spent time in Jenin as volunteer aid workers and remember Israeli soldiers mostly as the ones pointing guns at them. This time, however, they came with the army to reenact their version of how IDF soldiers shot one of them in the face, seriously wounding him.

In April 2003, Brian Avery, a 24-year-old American volunteering with the International Solidarity Movement, went outside with other group members to assist Palestinian medics in Jenin. The aid workers came under fire, apparently from an Israeli APC. Avery was hit in the face and spent several weeks in Haifa's Rambam Medical Center undergoing a series of operations to reconstruct his face.

   
 

Avery and his friends claimed the IDF soldiers fired on them despite clear evidence that they were unarmed civilians. The IDF denied this. In late 2006, however, following a petition to the High Court of Justice, the army agreed to launch a criminal investigation to determine if Avery's shooting was unlawful. As part of the probe, the IDF agreed to the unusual measure of bringing Avery and three other volunteers to Israel at army expense.

Avery and the other three - Jens Sandvek of Sweden, Ewa Jasiewicz of Britain and Danish national Lasse Schmidt - were interrogated by the military police and then rode APCs into Jenin to reenact the incident. The four also testified yesterday in a damages suit Avery has filed against the state. Avery's lawyer, Shlomo Lecker, said the four testified that Avery was intentionally shot from an APC 15 meters away under good visibility conditions. They also said the APC left without offering medical assistance.

"It was unreal, like nothing I have ever been through," Avery said during an interview in a Jerusalem hotel after the trip to Jenin. In contrast to what they were told in advance, the reenactment did not take place on the actual street. Instead, the four pointed through the jeep's bulletproof windows to where each of them was standing at the time of the shooting, and military police photographed the spots.

Avery said the atmosphere in the jeep was tense, and he felt that not all the soldiers were happy about the mission. But he called the investigators themselves "very professional and businesslike." He said the military policemen told him that the soldiers who shot at him were in another jeep, but he was not told which.

All four of the former ISM volunteers have had unpleasant experiences with official Israel. Some of them have trouble entering the country, so being here as the army's guests was odd. So was the ride through Jenin in an IDF jeep, afraid their Palestinian friends would recognize them and believe they had become collaborators with Israel.

The ISM volunteers said the jeep ride was the first time they saw IDF soldiers looking scared. "They see everything through the bulletproof glass; it's a kind of prison," Jasiewicz said. Schmidt added: "You can understand how the soldiers are disconnected from reality, why they see everything in black and white."

But the jeep ride did not change the foreigners' belief that Avery was shot intentionally. The shooting occurred shortly after the deaths of two other ISM volunteers - American Rachel Corrie and Briton Tom Hurndall - and Schmidt is convinced this was no coincidence.

Avery said he met the "other" Israeli after the shooting: Many Israelis visited him in the hospital.

However, he felt deserted by his own government. "They offered me no help and did not demand that Israel investigate. It's night and day compared to what the British did for Tom Hurndall."

A legal source said that British pressure contributed greatly to the start of a probe into Hurndall's death, which eventually landed one soldier with an eight-year prison term. The U.S. embassy declined to comment on Avery's allegations.

"It is not so important to me that the soldiers go to jail," Avery said. "It is important to me that they be held responsible for what they did."

Army sources said this is not the first time witnesses have been brought from abroad to testify in a Military Police probe. They said the soldiers who were in Jenin at the time of the shooting were also interrogated, and stressed that they know of no connection between Avery's injury and the deaths of other international volunteers.

"We do not plan to give details of the measures taken in the probe before conclusions have been reached," added one.
(Leave a comment)

Thursday, September 20th, 2007

Israeli Authorities Deny Entry to Clergyman

Campaign for the Right of Entry/Re-Entry to
the Occupied Palestinian Territory(oPt)


17 September 2007

Israeli Authorities Deny Entry to Clergyman


In a continuing demonstration of Israel's arbitrary denial of entry policy, and disregard for the
Palestinian population’s right to practice their religion and worship freely, Father Faris Khaleifat,
priest of Ramallah's Greek Catholic Melkite Church was barred entry to the West Bank on Friday, 14
September.

Father Faris, a holder of both Vatican and Jordanian passports, commented: "For the past six years, I
have been traveling regularly between the West Bank and Jordan on church affairs without any
problems whatsoever." Just one week ago, Father Faris traveled to Amman for several days and
returned without incident. However, on Friday, his multiple entry visa as a clergyman serving in the
oPt, valid until February 2008, was canceled by Israeli authorities at the Al Sheikh Hussein Bridge
without explanation and he was forced to return to Jordan. His de facto deportation has left the
Ramallah parish without its sole clergyman.

Father Faris is one of thousands of foreign passport holders who have been denied entry by the
Israeli Authorities over the past several years. The priest's case is just one of numerous incidents of
entry denial documented by the Campaign in recent months, demonstrating that Israel's regulation of
entry into the occupied Palestinian territory (oPt) by foreign nationals remains arbitrary, abusive and
internationally unlawful. Even clergymen are not immune. Israel continues to abuse its control over
entry, presence and residency in the oPt in a manner damaging family life, businesses and the
religious and social institutions serving the occupied population.

The Campaign calls on third states, religious leaders and congregations worldwide to protest Israel's
actions harming the Greek Catholic Church and to demand a clear, transparent and lawful policy for
all foreign nationals wishing to enter the oPt.

###

A Grassroots Campaign for the Protection of Foreign Passport Holders Residing in and/or Visiting the oPt
Telephone: +970.(0)59.817.3953 Facsimile: +970.2.295.4903
Website: www.RightToEnter.ps Email: info@righttoenter.ps



FOR MORE INFORMATION
Contact: Rasha Mukbil, Coordinator, Media Committee
(c) +970-(0)59-817-3953 (email) info@righttoenter.ps
(Leave a comment)

Monday, September 17th, 2007

Debris from our Exploded Belongings Fall into Ha'aretz

Shirt Detonation Procedure

By Yotem Feldman
(Translated by Rann Bar-on)


Original Hebrew Text Here: http://www.haaretz.co.il/hasite/spages/903253.html


Border policemen at the Taba border crossing decided that the contents of a holiday bag belonging to a new immigrant from the US, so they exploded it.




Katie Nost, a new immigrant from the US teaches art in the West Bank. She's used to lengthy checks at border crossings. Despite this, border policemen succeeded in surpring her last week at the border crossing in Taba when they exploded the bag she had taken with her on vacation in Sinai.



After the policewoman entered her name into the computer and saw that she is an activist working in the Occupied Territories, says Nost, the friendliness disappeared from her face and she was asked to undergo a further check. While checking her bag, policemen found political comics she had drawn and asked why she draws such things. When Nost was asked if the contents of her bag belong to her, she replied that she had taken a few things belonging to a friend she had met in Sinai and offered to show them. Before she could explain that those 'things' consisted of a few shirts, the bag was taken from her, she was moved to a side room and was strip-searched. After about an hour had passed, a message was heard over the loudspeaker that the crossing had closed due to a suspicious object. Then two explosions were heard. Around an hour later, a policeman approached Nost and informed her that her bag had been exploded by the police. The stunned Nost said that the bag had contained her laptop, an ipod and original art she had created. "Don't worry, we'll compensate you for everything" said the policeman to the now crying Nost. A policewoman who was standing to the side, she recalls, burst out laughing.



At the Eilat police station, Nost recieved the remanents of her bag. She was told that the compensation form would not include her artistic creations, described as 'pieces of paper'. Left with no other option, Nost signed and left to Sinai. When she returned to Israel, a private appraiser explained to her that there is no legal obligation to compensate her for her loss and that the state of Israel by the 'tradition of the law', without regard to her art, of course.



Why was the bag exploded without Nost being informed? Israel police: "Nost was asked if she had in her possession objects that were not her's or that were given to her by someone else in order to transport them. She replied that the bag itself is her's but that its contents are not, they belong to a person resident in an Arab country. Her reply raised the level of suspicion of the investigators and the bag was treated as a suspicious object. The operations at the crossing were executed according to the required procedures."



A spokeswoman for the tax authorities confirmed that the state of Israel has no legal obligation to Nost: "the compensation funds is an insurance-type fund designed to compensate victims of terror, war, etc inside Israeli territory. The compensation is subject to the discretion of the manager and is only be given after proof of damages. The fund decided, in accordance with the tradition of the law, to compensate also in case of controlled explosions by the police of suspicious objects." Pieces of art, it was communicated, belong to "a limited list of objects not covered by the fund."

(end)

Still a long way from recovering the cost of a new Laptop. Want to help?

If so, PayPal: joeskillet@riseup.net

or contact me for other donations methods at joeskillet@riseup.net






* * * * * * * * * *

cross-posted from 'Postcards from Palestine: http://moomin13.livejournal.com/

Haaretz has a Talkback function where readers can voice their opinions on the articles. Yotam, the journalist who wrote the article translated some of them for me. I wonder how #2 knew that was me, huh ?

2. This is the artist that have sprayed "Arbeit macht Frei" in Kalandia Check point

3. But its clear that this is done for punishment for someone that shows humanitarian interest in Palestinian. If they'd suspected her in transferring something illegal they clearly would have checked the comp' to see whats in it

6. Is there a sane person that believes the police?

8. She should thank them. In a functioning country they would have blown her up!!!

10. No limit to what boredom and power can do.

13. We're fed up with shit from the volunteers on their own merit in the territories

17. Why does Haaretz underestimate the provocations made by the "artist"

19. Scandal indeed! They don't allow people to assist Islamic terror

24. Fascist state

29. They should have beaten her

34. Shame on Haaretz the cooperates with this provocation

37. In a place where they kill children they also explode I-pods and laptops. Police state

38. If someone would have blown up my I-pod I would have blown up his house.
(1 comment | Leave a comment)

Monday, September 10th, 2007

Listen to me on Pittsburgh Radio, TRCDP Representin'

....scroll in several minutes, listen for the cool background music....

(Leave a comment)

Wednesday, September 5th, 2007

Guardian: Palestinians celebrate rare victory over hated barrier

Palestinians celebrate rare victory over hated barrier
http://www.guardian.co.uk/international/story/0,,2162362,00.html


Supreme court vindicates weekly protests and forces Israel to re-route security fences and roads

Rory McCarthy in Bil'in
Wednesday September 5, 2007
The Guardian

From the front door of his single-storey stone house Waheed Suleiman Yassin has an enviable view over the surrounding hills and a compelling vantage point in front of one of Israel's most controversial projects in the occupied West Bank.

Just 20 metres from his door and running down two sides of his house stands the wide metal system of fences and patrol roads that make up this stretch of the 450-mile West Bank barrier.


Yesterday, in a rare victory for the barrier's critics, Israel's supreme court ordered the government to re-route the barrier away from Bil'in, which should eventually allow villagers such as Mr Yassin to reclaim some of the large slice of their farmland that has been cut off from them for nearly three years.

Mr Yassin, 43, who sells limestone from a nearby quarry, has lived in this house with his family for 25 years. On a hilltop overlooking the rest of Bil'in and nearby villages, it was once much admired. "People envied us for having such a beautiful scene," he said, sitting outside his house yesterday. "Three years ago it was a heaven, then the wall came."

Like many in the village, Mr Yassin suddenly found most of his farmland, with its rows of olive and fig trees, out of bounds. Instead he could see in the near distance Modiin Illit, one of the fastest growing settlements in the occupied West Bank stretching ever closer. Modiin Illit is home to 30,000 mostly ultra-Orthodox settlers, and is projected to expand to a city of 150,000.

But, to the embarrassment of the Israeli government, the supreme court yesterday ordered the defence ministry to present a new path for the barrier and said the current route could not be justified. Chief justice Dorit Beinish said: "We were not convinced that it is necessary for security-military reasons to retain the current route that passes on Bil'in's lands." In certain places it would mean the fence must be torn down.

Although not the first such decision by the court, the ruling stands out for its tough language and the fact that Bil'in, almost alone among Palestinian villages, has mounted over the past two-and-a-half years a successful campaign of peaceful resistance to the barrier. "Weapons were forbidden from the start," Mr Yassin said. "People decided we should take a prominent role with a peaceful movement because we knew that with an armed struggle we were not capable of taking back one inch of land. If we had fired one bullet, the Israeli army would have found an excuse to kill the whole village."

Demonstrators gather every Friday, march to the barrier singing and waving flags, and confront the Israeli soldiers. Stones are thrown and answered with teargas, stun grenades and often rubber-coated bullets. At least two people have been seriously injured and many others suffered lesser injuries, including Mr Yassin's son and cousin, both hit by stun grenades or rubber-coated bullets.

Yesterday, trucks and vans carried dozens of singing villagers out to the barrier again where they waved flags and rattled sticks on the metal fence in front of the Israeli soldiers. One villager shouted to the crowd through a loudspeaker: "Your steadfastness brought you here."

"Because of our protests the world knew about us and that's why we won," said Abdul Latif Yassin, 50, a school teacher. "But we still have more land beyond the barrier than has been given back to us today."

One of the protest organisers, Nasir Samarra, 27, stood in the crowd wearing a T-shirt that read: Free Palestine. "Our struggle has only just started," he said. "Now we want Israel to implement this decision, not simply to pass judgment."

Among the demonstrators there have always been foreigners and Israeli activists, so the protests have become one of the highest-profile instances of joint, non-violent action between Israelis and Palestinians.

"This is a great and very important victory for the popular struggle against the wall and the occupation," said Jonathan Pollack, one of the leading Israeli activists at Bil'in. He said yesterday's court decision was at least in part due to the weekly protests.

"The decision highlighted the question that we raised in the appeal: the fact that the wall is being planned to accommodate settlement expansion or land grab and not as an instrument of security."

Israel has maintained that the barrier was built to protect its citizens from suicide bombers and that its construction, although it remains only half-complete, has had a major impact in reducing attacks. However, in an advisory opinion in 2004 the International Court of Justice ruled that the barrier was illegal where it crossed into the West Bank, and should be taken down. Palestinians and human rights groups say the barrier is an attempt to take land in the West Bank. When it is complete, 10.1% of the West Bank will fall on the "Israeli" side of the barrier.

Israel's defence ministry said it would "study the ruling and respect it".
(Leave a comment)

NY Times: Wall to be torn down, rerouted

Israeli Court Orders Barrier Rerouted
http://www.nytimes.com/2007/09/05/world/middleeast/05mideast.html?_r=1&hp&oref=slogin

By ISABEL KERSHNER
Published: September 5, 2007

JERUSALEM, Sept. 4 — In its latest decision overruling Israel’s influential security establishment, the High Court of Justice here on Tuesday ordered the government to reroute a section of its separation barrier that had split a West Bank village from much of its farmland.

Although this is not the first time that Israel’s High Court has ruled in the Palestinians’ favor in a case about the barrier, this case has taken on a special significance as a symbol of popular resistance to construction of the barrier. In the past two and a half years, residents of the village, Bilin, and a band of Israeli far-leftists and foreign supporters have held weekly demonstrations in the fields and groves along the barrier route, often ending in confrontations with Israeli forces.

The panel of three judges ruled unanimously that a mile-long section of the barrier should be redrawn and rebuilt in a “reasonable period of time.” Chief Justice Dorit Beinish wrote in the ruling, “We were not convinced that it is necessary for security-military reasons to retain the current route that passes on Bilin’s lands.”

The Defense Ministry, which oversees the planning and construction of the barrier, said it would “study the ruling and respect it.”

Israel began building the barrier on the West Bank in 2002, with the stated purpose of preventing Palestinian suicide bombers from reaching Israeli population centers. Made mostly of chain-link fence, the barrier includes sections of tall concrete wall. Much of the barrier runs through West Bank land, sometimes protruding for several miles to encompass a Jewish settlement.

The military planners say the 425-mile route is based purely on security considerations, but the Palestinians dispute that, accusing Israel of a land grab. In 2004, the International Court of Justice in The Hague issued a nonbinding ruling that construction of the barrier across the 1967 boundary, in West Bank territory, violated international law. Israel rejected the ruling, but in the years since it has altered several segments of the barrier route after rulings by its own courts.

About two years ago, the local council leader of Bilin, Ahmed Issa Abdullah Yassin, hired a prominent Israeli human rights lawyer, Michael Sfard, to petition the High Court on his behalf. Mr. Sfard said the fence put about 500 acres of the village’s agricultural lands on the side under full Israeli control. The villagers had only limited access, through a gate in the fence which the Israeli Army opened and closed.

The government contended that the current barrier route was necessary to protect the residents of a nearby Jewish settlement, Modiin Illit. But the barrier lies more than a mile east of the last houses of the settlement, the court ruling said; its route had taken the planned expansion of the settlement into account, encompassing an area where a new Jewish neighborhood, Mattityahu East B, was meant to go up.

While all Jewish settlement in the West Bank, including expansion, is viewed as illegal by most of the world, Israel holds that the West Bank is disputed territory and that building there is legal. But even in Israel, some earlier construction in the Mattityahu East area is deemed problematic, because it was done without the required building permits.

The ruling stipulates that in rerouting the Bilin section of the barrier, Israeli plans for Mattityahu East B should not be a consideration, meaning that the area is likely to end up on the villagers’ side. In the assessment of Mr. Sfard, the lawyer, the ruling will translate into the return of at least 250 acres of farmland to the villagers’ side.

“Today it becomes completely clear that the route was determined by nonsecurity considerations with the goal of expanding the settlement of Modiin Illit as much as possible,” Mr. Sfard told Israel Radio. “The High Court invalidated this criterion.”

Bilin, with about 1,700 residents, had declared its campaign against the barrier one of nonviolent resistance, but the weekly demonstrations often ended with protesters throwing stones and Israeli forces firing tear gas and rubber bullets. Each side said the other had provoked it.

As news of the court ruling reached Bilin, jubilant villagers headed toward the fence.

“We went to court, hired the best lawyers in Israel, and we won,” Abdullah Abu Rahma, one of the leaders of the weekly protests, told The Associated Press.

Mr. Yassin, the council leader, hailed the ruling as a “victory.”

Jonathan Pollack, of Anarchists Against the Wall, an Israeli group that participated in the protests, said the decision “proved that the people, when they choose to act, have the power over Israeli institutions.”

The High Court has often avoided domestically contentious issues, like the legality of the settlements, but when it comes to the barrier, which enjoys broad support among the Israeli public, it has often gone against the defense establishment.

In a landmark judgment in 2004, a week before The Hague ruling was announced, the High Court ordered the state to bring a 25-mile section of the barrier in the West Bank hills northeast of Jerusalem closer to the 1967 boundary, on grounds that the original route caused disproportionate harm to the rights of Palestinian villagers in the area.

But the Israeli court has upheld the principle of building the barrier in West Bank territory given convincing security reasons, and rules on a case-by-case basis. Last Wednesday, the High Court rejected a petition by Palestinian villagers against the barrier route near the Alfei Menashe Jewish settlement. The Palestinians had wanted the barrier moved closer to the 1967 boundary, and away from their homes.

The same day, the court rejected a petition by Alfei Menashe residents who had wanted the barrier moved farther from their settlement, into the West Bank land.
(Leave a comment)
Previous 20