22 may 2014
Israel's Supreme Court on Wednesday heard an appeal by the parents of a US activist who was crushed to death by an Israeli army bulldozer in 2003.
The parents of Rachel Corrie asked for a decision clearing the military of any responsibility for her death to be overturned, alleging "negligence" in the treatment of the case by an Israeli court.
"I think they've set a very low threshold in terms of what would be considered negligence, and just ignored the lack of a credible and thorough investigation," Rachel's father Craig Corrie said, referring to the 2012 court ruling.
"If you take (all the material for the appeal) together, what you have is a mechanism that allows the Israeli military to act with impunity," he told journalists before the hearing.
"As an ex-soldier myself I think that's very dangerous."
His wife Cindy Corrie said: "I think there are very important decisions that this court needs to make that impact far more than Rachel."
It was unclear when the Supreme Court would rule on the appeal.
An Israeli court in 2012 cleared the army of any responsibility for Corrie's death, rejecting a civil suit filed by the family.
The ruling sparked an angry reaction from the family, with Cindy Corrie accusing the Israeli authorities of a cover-up.
According to eyewitness accounts, the 23-year-old was killed by a military bulldozer in Rafah in the southern Gaza Strip on March 16, 2003.
Corrie, from Olympia, Washington, had joined a small group of international activists trying to stop the Israeli army from demolishing houses in the southern Gaza town of Rafah during the height of the Second Intifada.
Few Israelis showed much sympathy for Corrie's death, which took place at the height of the uprising in which thousands of Palestinians were killed and hundreds of Israelis died.
The parents of Rachel Corrie asked for a decision clearing the military of any responsibility for her death to be overturned, alleging "negligence" in the treatment of the case by an Israeli court.
"I think they've set a very low threshold in terms of what would be considered negligence, and just ignored the lack of a credible and thorough investigation," Rachel's father Craig Corrie said, referring to the 2012 court ruling.
"If you take (all the material for the appeal) together, what you have is a mechanism that allows the Israeli military to act with impunity," he told journalists before the hearing.
"As an ex-soldier myself I think that's very dangerous."
His wife Cindy Corrie said: "I think there are very important decisions that this court needs to make that impact far more than Rachel."
It was unclear when the Supreme Court would rule on the appeal.
An Israeli court in 2012 cleared the army of any responsibility for Corrie's death, rejecting a civil suit filed by the family.
The ruling sparked an angry reaction from the family, with Cindy Corrie accusing the Israeli authorities of a cover-up.
According to eyewitness accounts, the 23-year-old was killed by a military bulldozer in Rafah in the southern Gaza Strip on March 16, 2003.
Corrie, from Olympia, Washington, had joined a small group of international activists trying to stop the Israeli army from demolishing houses in the southern Gaza town of Rafah during the height of the Second Intifada.
Few Israelis showed much sympathy for Corrie's death, which took place at the height of the uprising in which thousands of Palestinians were killed and hundreds of Israelis died.
13 may 2014
Nine years after filing a civil suit against the State of Israel for the wrongful death of American peace activist Rachel Corrie, her family will have their appeal heard before the Israeli Supreme Court on May 21 at 11:30 a.m. in Jerusalem.
The appeal, which will be argued by attorney Hussein Abu Hussein, challenges the Haifa District Court’s August 2012 ruling which concluded that the Israeli military was not responsible for Rachel’s death and that it conducted a credible investigation.
“During the past nine years, we have sought accountability in the Israeli courts for Rachel’s killing but were handed a verdict that showed blind indifference to the rights of the victim and little interest in seeking truth and justice,” said Craig Corrie, Rachel’s father.
The Corrie family appeal focuses on serious flaws in the lower court verdict which erred by ignoring and misinterpreting essential facts and misapplying legal norms.
The appeal also challenges the lower court’s total disregard of international law obligations as well as procedural advantages that were regularly granted to the state during the proceedings.
Lawyers for the Corries and the State of Israel have submitted their arguments in writing to the panel of three justices – Deputy-President of the Court Miriam Naor, Esther Hayut, and Zvi Zylbertal.
Speaking of his family’s hopes, Craig Corrie said, “It is a tragedy when the law is broken, but far, far worse when it is abandoned altogether.
The Supreme Court now has a choice, to either show the world that the Israeli legal system honors the most basic principles of human rights and can hold its military accountable, or to add to mounting evidence that justice can not be found in Israel.”
Rachel, a 23-year-old human rights defender from Olympia, Washington, was crushed to death March 16, 2003, by an Israeli military bulldozer while nonviolently protesting demolition of Palestinian civilian homes in Rafah, Gaza.
The following day, Israeli Prime Minister Ariel Sharon promised President George W. Bush a “thorough, credible, and transparent” investigation into Rachel’s killing.
In 2004, Secretary of State Colin Powell’s Chief of Staff informed the Corrie family of the U.S. Government’s position that the Israeli investigation did not meet these standards and advised them to “use the Israeli court system.”
The Corries filed suit in 2005, charging the State of Israel and its Ministry of Defense with responsibility for Rachel’s killing.
The civil trial before Haifa District Court Judge Oded Gershon began March 10, 2010, and 23 witnesses testified in 15 hearings, spread over 16 months. Each session was attended by the Corrie family,American Embassy officials, and numerous legal and human rights observers.
Testimony exposed serious chain-of-command failures in relation to civilian killings, as well as indiscriminate destruction of civilian property at the hands of the Israeli military in southern Gaza.
Four eyewitnesses from the International Solidarity Movement (ISM) testified that Rachel was visible to soldiers in the bulldozer as it approached. Military witnesses testified that they saw ISM protesters in the area; and the on-site commander asked to stop operations due to their presence, but was ordered to continue working.
An Israeli colonel testified that there are no civilians in war, and the lead military police investigator, himself, stated his belief that the Israeli military was at war with all in Gaza, including peace activists.
Testimony also revealed serious flaws in the military’s investigation into Rachel’s killing. Investigators failed to question key military witnesses, including those recording communications; failed to secure the military video, allowing it to be taken for nearly a week by senior commanders with only segments submitted to court; failed to address conflicting testimony given by soldiers; and ignored damning statements in the military log confirming a “shoot to kill” order and a command mentality to continue work in order to avoid setting a precedent with international activists.
On August 28, 2012, Judge Gershon ruled against the Corrie family, handing down a verdict stating the Israeli military was not to blame for Rachel’s death and that she alone was responsible for her demise.
The Judge lauded the military police investigation and dismissed the case, adopting the Israeli Government’s position that the military should be fully absolved of civil liability, because soldiers were engaged in operational activities in a war zone.
The verdict was widely condemned by legal and human rights organizations monitoring the case, citing misrepresentation of facts and the fundamental principle of international humanitarian law – that in a time of war, military forces are obligated to take all measures to avoid harm to both civilians and their property.
President Jimmy Carter stated that the court’s decision confirmed “a climate of impunity, which facilitates Israeli human rights violations against Palestinian civilians in the Occupied Territory.”
Seating in the courtroom is limited, and members of the press are advised to arrive early with press credentials. Proceedings will be in Hebrew.
The family is seeking permission from the Court to provide simultaneous translation for court observers. However, pending the Court’s decision, journalists should make plans to bring their own translator.
Cameras and audio recording equipment will not be permitted once proceedings begin. Photos may be taken before the judges enter the room.
A performance of My Name is Rachel Corrie, a play drawn from the diaries and e-mails of Rachel and staged around the world, will be presented in Hebrew on Monday, May 19 at 21:00 at the Arab-Hebrew Theatre in Jaffa. It will be followed by a panel discussion with the Corrie family, moderated by human rights lawyer Michael Sfard. For more information, visit The Coalition of Women for Peace, which is sponsoring the event.
The appeal, which will be argued by attorney Hussein Abu Hussein, challenges the Haifa District Court’s August 2012 ruling which concluded that the Israeli military was not responsible for Rachel’s death and that it conducted a credible investigation.
“During the past nine years, we have sought accountability in the Israeli courts for Rachel’s killing but were handed a verdict that showed blind indifference to the rights of the victim and little interest in seeking truth and justice,” said Craig Corrie, Rachel’s father.
The Corrie family appeal focuses on serious flaws in the lower court verdict which erred by ignoring and misinterpreting essential facts and misapplying legal norms.
The appeal also challenges the lower court’s total disregard of international law obligations as well as procedural advantages that were regularly granted to the state during the proceedings.
Lawyers for the Corries and the State of Israel have submitted their arguments in writing to the panel of three justices – Deputy-President of the Court Miriam Naor, Esther Hayut, and Zvi Zylbertal.
Speaking of his family’s hopes, Craig Corrie said, “It is a tragedy when the law is broken, but far, far worse when it is abandoned altogether.
The Supreme Court now has a choice, to either show the world that the Israeli legal system honors the most basic principles of human rights and can hold its military accountable, or to add to mounting evidence that justice can not be found in Israel.”
Rachel, a 23-year-old human rights defender from Olympia, Washington, was crushed to death March 16, 2003, by an Israeli military bulldozer while nonviolently protesting demolition of Palestinian civilian homes in Rafah, Gaza.
The following day, Israeli Prime Minister Ariel Sharon promised President George W. Bush a “thorough, credible, and transparent” investigation into Rachel’s killing.
In 2004, Secretary of State Colin Powell’s Chief of Staff informed the Corrie family of the U.S. Government’s position that the Israeli investigation did not meet these standards and advised them to “use the Israeli court system.”
The Corries filed suit in 2005, charging the State of Israel and its Ministry of Defense with responsibility for Rachel’s killing.
The civil trial before Haifa District Court Judge Oded Gershon began March 10, 2010, and 23 witnesses testified in 15 hearings, spread over 16 months. Each session was attended by the Corrie family,American Embassy officials, and numerous legal and human rights observers.
Testimony exposed serious chain-of-command failures in relation to civilian killings, as well as indiscriminate destruction of civilian property at the hands of the Israeli military in southern Gaza.
Four eyewitnesses from the International Solidarity Movement (ISM) testified that Rachel was visible to soldiers in the bulldozer as it approached. Military witnesses testified that they saw ISM protesters in the area; and the on-site commander asked to stop operations due to their presence, but was ordered to continue working.
An Israeli colonel testified that there are no civilians in war, and the lead military police investigator, himself, stated his belief that the Israeli military was at war with all in Gaza, including peace activists.
Testimony also revealed serious flaws in the military’s investigation into Rachel’s killing. Investigators failed to question key military witnesses, including those recording communications; failed to secure the military video, allowing it to be taken for nearly a week by senior commanders with only segments submitted to court; failed to address conflicting testimony given by soldiers; and ignored damning statements in the military log confirming a “shoot to kill” order and a command mentality to continue work in order to avoid setting a precedent with international activists.
On August 28, 2012, Judge Gershon ruled against the Corrie family, handing down a verdict stating the Israeli military was not to blame for Rachel’s death and that she alone was responsible for her demise.
The Judge lauded the military police investigation and dismissed the case, adopting the Israeli Government’s position that the military should be fully absolved of civil liability, because soldiers were engaged in operational activities in a war zone.
The verdict was widely condemned by legal and human rights organizations monitoring the case, citing misrepresentation of facts and the fundamental principle of international humanitarian law – that in a time of war, military forces are obligated to take all measures to avoid harm to both civilians and their property.
President Jimmy Carter stated that the court’s decision confirmed “a climate of impunity, which facilitates Israeli human rights violations against Palestinian civilians in the Occupied Territory.”
Seating in the courtroom is limited, and members of the press are advised to arrive early with press credentials. Proceedings will be in Hebrew.
The family is seeking permission from the Court to provide simultaneous translation for court observers. However, pending the Court’s decision, journalists should make plans to bring their own translator.
Cameras and audio recording equipment will not be permitted once proceedings begin. Photos may be taken before the judges enter the room.
A performance of My Name is Rachel Corrie, a play drawn from the diaries and e-mails of Rachel and staged around the world, will be presented in Hebrew on Monday, May 19 at 21:00 at the Arab-Hebrew Theatre in Jaffa. It will be followed by a panel discussion with the Corrie family, moderated by human rights lawyer Michael Sfard. For more information, visit The Coalition of Women for Peace, which is sponsoring the event.
16 mar 2014
Her spirit lives on. Remember Rachel Corrie, murdered 16 March 2003 by Israeli occupation forces in Gaza
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From the Diary of Rachel Corrie
On March 16th, an Israeli soldier driving a bulldozer two-stories high crushed to death 23-year-old Rachel Corrie, an American nonviolent human rights protestor. According to numerous witnesses and photographic documentation, she was killed intentionally. February 27, 2003: "I have bad nightmares about tanks and bulldozers outside our house. |
Sometimes the adrenaline acts as an anesthetic for weeks and then in the evening or at night it just hits me again – a little bit of the reality of the situation. I am really scared for the people here.
Yesterday, I watched a father lead his two tiny children, holding his hands, out into the sight of tanks and a sniper tower and bulldozers and Jeeps because he thought his house was going to be exploded. Jenny and I stayed in the house with several women and two small babies. It was our mistake in translation that caused him to think it was his house that was being exploded. In fact, the Israeli army was in the process of detonating an explosive in the ground nearby – one that appears to have been planted by Palestinian resistance.
This is in the area where Sunday about 150 men were rounded up and contained outside the settlement with gunfire over their heads and around them, while tanks and bulldozers destroyed 25 greenhouses – the livelihoods for 300 people. The explosive was right in front of the greenhouses – right in the point of entry for tanks that might come back again. I was terrified to think that this man felt it was less of a risk to walk out in view of the tanks with his kids than to stay in his house. I was really scared that they were all going to be shot and I tried to stand between them and the tank. This happens every day, but just this father walking out with his two little kids just looking very sad, just happened to get my attention more at this particular moment, probably because I felt it was our translation problems that made him leave.
I thought a lot about what you said on the phone about Palestinian violence not helping the situation. Sixty thousand workers from Rafah worked in Israel two years ago. Now only 600 can go to Israel for jobs. Of these 600, many have moved, because the three checkpoints between here and Ashkelon (the closest city in Israel) make what used to be a 40-minute drive, now a 12-hour or impassible journey. In addition, what Rafah identified in 1999 as sources of economic growth are all completely destroyed – the Gaza international airport (runways demolished, totally closed); the border for trade with Egypt (now with a giant Israeli sniper tower in the middle of the crossing); access to the ocean (completely cut off in the last two years by a checkpoint and the Gush Katif settlement).
The count of homes destroyed in Rafah since the beginning of this intifada is up around 600, by and large people with no connection to the resistance but who happen to live along the border. When that explosive detonated yesterday it broke all the windows in the family’s house. I was in the process of being served tea and playing with the two small babies. I’m having a hard time right now. Just feel sick to my stomach a lot from being doted on all the time, very sweetly, by people who are facing doom. I know that from the United States, it all sounds like hyperbole. Honestly, a lot of the time the sheer kindness of the people here, coupled with the overwhelming evidence of the willful destruction of their lives, makes it seem unreal to me. I really can’t believe that something like this can happen in the world without a bigger outcry about it. ??It really hurts me, again, like it has hurt me in the past, to witness how awful we can allow the world to be…you actually do go and do your own research. But it makes me worry about the job I’m doing.
All of the situation that I tried to enumerate above – and a lot of other things – constitutes a somewhat gradual – often hidden, but nevertheless massive – removal and destruction of the ability of a particular group of people to survive. This is what I am seeing here. The assassinations, rocket attacks and shooting of children are atrocities – but in focusing on them I’m terrified of missing their context. ??The vast majority of people here – even if they had the economic means to escape, even if they actually wanted to give up resisting on their land and just leave (which appears to be maybe the less nefarious of Sharon’s possible goals), can’t leave…they can’t even get into Israel to apply for visas, and because their destination countries won’t let them in (both our country and Arab countries).
When all means of survival is cut off in a pen (Gaza) which people can’t get out of, I think that qualifies as genocide. Even if they could get out, I think it would still qualify as genocide. Maybe you could look up the definition of genocide according to international law. When I come back from Palestine, I probably will have nightmares and constantly feel guilty for not being here, but I can channel that into more work.
Coming here is one of the better things I’ve ever done. So when I sound crazy, or if the Israeli military should break with their racist tendency not to injure white people, please pin the reason squarely on the fact that I am in the midst of a genocide which I am also indirectly supporting, and for which my government is largely responsible."
Yesterday, I watched a father lead his two tiny children, holding his hands, out into the sight of tanks and a sniper tower and bulldozers and Jeeps because he thought his house was going to be exploded. Jenny and I stayed in the house with several women and two small babies. It was our mistake in translation that caused him to think it was his house that was being exploded. In fact, the Israeli army was in the process of detonating an explosive in the ground nearby – one that appears to have been planted by Palestinian resistance.
This is in the area where Sunday about 150 men were rounded up and contained outside the settlement with gunfire over their heads and around them, while tanks and bulldozers destroyed 25 greenhouses – the livelihoods for 300 people. The explosive was right in front of the greenhouses – right in the point of entry for tanks that might come back again. I was terrified to think that this man felt it was less of a risk to walk out in view of the tanks with his kids than to stay in his house. I was really scared that they were all going to be shot and I tried to stand between them and the tank. This happens every day, but just this father walking out with his two little kids just looking very sad, just happened to get my attention more at this particular moment, probably because I felt it was our translation problems that made him leave.
I thought a lot about what you said on the phone about Palestinian violence not helping the situation. Sixty thousand workers from Rafah worked in Israel two years ago. Now only 600 can go to Israel for jobs. Of these 600, many have moved, because the three checkpoints between here and Ashkelon (the closest city in Israel) make what used to be a 40-minute drive, now a 12-hour or impassible journey. In addition, what Rafah identified in 1999 as sources of economic growth are all completely destroyed – the Gaza international airport (runways demolished, totally closed); the border for trade with Egypt (now with a giant Israeli sniper tower in the middle of the crossing); access to the ocean (completely cut off in the last two years by a checkpoint and the Gush Katif settlement).
The count of homes destroyed in Rafah since the beginning of this intifada is up around 600, by and large people with no connection to the resistance but who happen to live along the border. When that explosive detonated yesterday it broke all the windows in the family’s house. I was in the process of being served tea and playing with the two small babies. I’m having a hard time right now. Just feel sick to my stomach a lot from being doted on all the time, very sweetly, by people who are facing doom. I know that from the United States, it all sounds like hyperbole. Honestly, a lot of the time the sheer kindness of the people here, coupled with the overwhelming evidence of the willful destruction of their lives, makes it seem unreal to me. I really can’t believe that something like this can happen in the world without a bigger outcry about it. ??It really hurts me, again, like it has hurt me in the past, to witness how awful we can allow the world to be…you actually do go and do your own research. But it makes me worry about the job I’m doing.
All of the situation that I tried to enumerate above – and a lot of other things – constitutes a somewhat gradual – often hidden, but nevertheless massive – removal and destruction of the ability of a particular group of people to survive. This is what I am seeing here. The assassinations, rocket attacks and shooting of children are atrocities – but in focusing on them I’m terrified of missing their context. ??The vast majority of people here – even if they had the economic means to escape, even if they actually wanted to give up resisting on their land and just leave (which appears to be maybe the less nefarious of Sharon’s possible goals), can’t leave…they can’t even get into Israel to apply for visas, and because their destination countries won’t let them in (both our country and Arab countries).
When all means of survival is cut off in a pen (Gaza) which people can’t get out of, I think that qualifies as genocide. Even if they could get out, I think it would still qualify as genocide. Maybe you could look up the definition of genocide according to international law. When I come back from Palestine, I probably will have nightmares and constantly feel guilty for not being here, but I can channel that into more work.
Coming here is one of the better things I’ve ever done. So when I sound crazy, or if the Israeli military should break with their racist tendency not to injure white people, please pin the reason squarely on the fact that I am in the midst of a genocide which I am also indirectly supporting, and for which my government is largely responsible."