- 12 oct 2010
Rachel Corrie's parents in Israel for civil case
Parents are suing Defense Min. over 2003 death of daughter; was crushed by IDF bulldozer during Gaza house demolition.
JERUSALEM The parents of Rachel Corrie have spent years battling in Israeli courts for two modest goals they hope might give them some closure: an apology from the military and a chance to look in the eye in court, the driver of the bulldozer that ran over their daughter.
They suffered a setback in their quest last week when a judge declined one of their key requests. The driver and his commander are expected to testify in the family's civil trial against the government in the coming weeks and the judge ordered that they will be screened from view during testimony. Their identities have not been made public.
The family has petitioned the Supreme Court to overturn the decision they say seeing the bulldozer driver and his commander face-to-face would help them feel more compassion.
"We are desperately trying to keep our minds open about this," said father Craig Corrie, 63.
Rachel Corrie was killed on March 16, 2003, while standing in the way of a military bulldozer that sought to demolish a Palestinian home in Gaza. An IDF investigation concluded she was partially hidden behind a dirt mound and ruled her death an accident. The driver and his commander were not charged or tried and no one was punished for her death.
In 2005, the Corries filed a civil suit against the Defense Ministry. They are seeking a symbolic one dollar in damages plus trial costs and travel expenses for themselves and witnesses, which they say are close to $100,000. Hearings in the case began this year.
Rachel's mother Cindy Corrie told The Associated Press in an interview Sunday that their court battle seeks only a modicum of justice that they hope will bring them closure and perhaps the strength to forgive those involved.
"I want to understand these people. I want to understand how this could have happened," said Corrie, 62. "After seven-and-a-half years of trying to find accountability ... we've sort of worked toward this moment."
Rachel, the youngest of their three children, took a break from college at age 23 to become and activist overseas as a member of the International Solidarity Movement, a pro-Palestinian group whose activists often position themselves between Palestinians and Israeli soldiers.
On Sunday, Israel's Defense Ministry said in a statement responding to AP questions that it regretted "the incident in which Rachel Corrie was mistakenly hurt."
The family argues that the military investigation into their daughter's death was done poorly. Translations of trial testimonies provided by the Corries suggest that a commander told the military investigator not to question bulldozer operators and that the driver didn't have clear instructions on dealing with civilians.
The Corries have lobbied US officials to pressure Israel to reopen the investigation into Rachel's death. And if the Supreme Court doesn't rule in their favor, the Corries say the will resume lobbying US officials.
They have also tried unsuccessfully to sue Caterpillar Inc., the US company that manufactured the bulldozer.
http://www.jpost.com/Israel/Article.aspx?id=191098
Jewish MP Protests at Israeli Probe into Rachel Corrie's Murder Case
TEHRAN (FNA)- An Iranian Jewish legislator on Tuesday voiced the strong protest of the worldwide Jewish community at an Israeli court investigation into the murder of American Peace Activist Rachel Corrie by Israeli forces in the occupied Palestinian territories.
"While the world's Jews support Ms. Rachel Corrie, the UN has kept silence on the issue," Siamak Mereh Sedq regretted, criticizing the world body for keeping mum on the crimes committed by the Israeli regime on the occupied Palestinian territories.
Noting that the trial organized by the Zionist regime for Rachel Corrie's case does not come up with the standards of the international laws and regulations, Mereh Sedq called on the international organizations to break their silence on the issue and show their affection and sympathy for the peace activists all throughout the world.
Seven years after an Israeli military D-9 bulldozer buried American pro-Palestinian activist Rachel Corrie under sandy soil near Gaza's border with Egypt, her family has effectively put the Israeli army on trial for her death. The Corrie family is demanding a symbolic $1 in punitive damages from Israel for wrongful killing and negligence.
Ms. Corrie, along with other nonviolent volunteers from the pro-Palestinian International Solidarity Movement (ISM), was trying to block two army bulldozers from demolishing Palestinian homes in Rafah when she was killed on March 16, 2003. The commander of the two-man bulldozer team denied seeing Corrie, but ISM volunteers said in affidavits that the bulldozer driver could see her while pushing dirt on her body.
Shalom Michaeli, head of the Military Police Special Investigation, and the commander present at the scene of Rachel's death testified in court on Thursday. The commander's identity was restricted to his initials, A.S., and during his testimony, he remained hidden behind a curtain.
In the cross-examination it emerged that Michaeli ordered only a partial transcript of radio transmissions and that he did not question the operator of a surveillance camera that panned away from the scene only minutes before Corrie was killed.
Judge Oded Gershon ruled that those witnesses whose identities were not already revealed would remain behind a screen, which includes the solider driving the bulldozer that killed Rachel, and several others.
Cindy Corrie, the mother of Rachel, criticized the screening of witnesses. "The hardest part and one of the problems with the screen is that it dehumanizes the person behind it. I'm here to understand these people in new ways and the screen really prevents that."
"The state is very interested in making sure the court doesn't think about why Rachel was there. She was in a civilian neighborhood, where there were homes and people living," Corrie observed.
"There's an effort on the part of the state to treat this as a war-that's distorting. This is an occupation and there are different rules for occupation. My understanding of international law is that you can't be at war with the area you're occupying," Corrie continued.
Another controversial moment of Thursday's hearing occurred when the soldier, A.S claimed to have forgotten most of what transpired on the day of Rachel's killing, stating he did not see the bulldozer hit Rachel. However, only two months prior to this hearing, A.S. signed an affidavit for the state, affirming key details of the government's argument. On Thursday A.S. was unable to confirm any of the details of the affidavit, calling into serious question the validity of the document.
Commenting on A.S.'s testimony, Corrie stated, "My impression to listening to his voice was that what happened to Rachel was very minor to him-he couldn't even remember the time of day it happened for me it was a bit startling that the event seemed to be so insignificant. That he had no recollection of what happened."
http://english.farsnews.com/newstext.php?nn=8907201714
19 mar 2012, 16:48 , Respect -
Maria 13 oct 2010
(4:09) Rachel Corrie Trial
The trial for Rachel Corrie, the International Solidarity Movement (ISM) activist killed in Gaza by an Israeli bulldozer in 2003, has resumed in the Israeli city of Haifa. On Saturday October 9, Rachel's parents Cindy and Craig and her sister Sara spoke at the AIC Cafe in Beit Sahour about the ongoing trial and their continued quest for justice for Rachel
19 mar 2012, 16:48 , Respect -
Maria 18 oct 2010
Rachel Corrie's family meet daughter's killer in court
OCCUPIED JERUSALEM, (PIC)-- A court hearing will be held next Thursday to listen to the testimonies of witnesses in the death of American activist Rachel Corrie, who was killed in cold blood by an Israeli bulldozer driver in Rafah in 2003.
The Israeli court decided to hear the testimonies of the driver of the bulldozer that killed Corrie and the military commander responsible for the unit on the ground that day as Rachel Corrie's family attends.
Corrie's family filed a civil suit against state of Israel on charges of unlawful killing.
The court in a previous hearing decided to allow the soldiers involved in the incident to testify behind a screen to protect their identities.
The Corrie family's lawyers appealed the decision to the Israeli Supreme Court, demanding that the family be allowed to see the soldiers at minimum, but the court refused to hear the appeal.
Based on the decision, the bulldozer driver will testify behind a screen, but the military commander on the ground that day, Captain R.S., had already given a televised interview in 2003, and was thus already known to the public.
Judge Oded Gershon decided that the commander would testify in plain view, but his name will remain redacted on official court records.
http://bit.ly/d5tQhE
19 mar 2012, 16:48 , Respect -
Maria 20 oct 2010
Rachel Corrie Case: Israeli Soldier to Testify Anonymously
American peace activist Rachel Corrie being interviewed in the Rafah refugee camp in Gaza Strip a few days before she was killed by a bulldozer.
Family criticises decision to allow soldier who drove bulldozer that killed daughter to give evidence from behind screen
The Israeli soldier at the controls of a bulldozer that crushed to death 23-year-old Rachel Corrie in Gaza in March 2003 is due to give evidence tomorrow in the civil lawsuit brought by the American activist's family.
However the judge hearing the case in Haifa has ruled that, for security reasons, the soldier can testify anonymously from behind a screen, denying Cindy and Craig Corrie the opportunity to face the man who directly caused their daughter's death.
Israel's supreme court refused to hear an appeal by the family challenging the judge's ruling. However, the unit commander in charge that day will testify in full view of the court as his identity is already known.
"I'll be grateful at least to be able to hear [the bulldozer driver's] words but I won't get the complete picture and I'll be disappointed by that," Cindy Corrie said in an interview in Jerusalem last week.
"They've said it's the security of the witnesses they are trying to protect. I can understand it would be uncomfortable for the soldiers to have to see us, but I can't understand how our family is a threat to their security."
Corrie, from Olympia, Washington state, was killed while attempting to protect the home of a Palestinian family in the Rafah area of Gaza from being demolished by Israeli troops seven and a half years ago. A posthumous book and play based on the graphic and moving emails she wrote to friends and family made her an iconic figure.
An internal Israeli military investigation, which was never published nor released to the US government or the Corries, concluded that the bulldozer driver had not seen Rachel and that no charges would be brought. The case was closed.
The family brought a civil case - "absolutely our last resort" - against the state of Israel, which opened in March this year and is expected to conclude early next year. Among the early witnesses was a fellow activist, Briton Richard Purssell, who described how Corrie disappeared from view under the advancing bulldozer.
The driver's evidence will be a key moment in the case but the Corrie family has been careful not to invest too much in his evidence. "While the driver is very important, to me he is not the only person who has responsibility," said Cindy Corrie. "Responsibility is shared with a lot of people. My focus isn't entirely on the driver."
Sarah Corrie Simpson, Rachel's older sister, said: "Ultimately the individual had the ability to stop that act. However if you only hold responsible the individual, you're losing the broader context of what's going on. You have to look at the chain of command and what sort of orders were being given at that time."
The family, while wanting an acceptable end to their battle for justice, was wary of the concept of closure. "It's hard to conceive of that," said Craig Corrie. "People talk about it, but it's real hard to define what closure would be when you've lost a child, lost a little sister."
Corrie Simpson said closure was difficult to define: "I'm not sure how you ever get to a place where you even feel close to that when you know there are people out there on the other end of what happened to Rachel, and you've never even been able to see their faces. Mum talks about being able to see the humanity of the person that was on the other end - and now the majority of soldiers will get to testify behind a screen, and that takes that away from us."
At the very least, the family hoped their legal battle would shine a light on the Israeli Defence Force's (IDF) investigative process.
Cindy Corrie said if the IDF were, as it claimed, the most moral army in the world, "they should be willing to look at a system that is much more transparent than what exists right now".
Last month, a colonel responsible for writing operating manuals for military bulldozers, testified that there were no civilians in a war zone.
Cindy Corrie said: "It's a window, hearing that coming from these people, a real window into the mindset - and it's very, very concerning. And I think every Israeli should be really concerned."
by Harriet Sherwood in Jerusalem
http://www.commondreams.org/headline/2010/10/20
- 21 oct 2010
Bulldozer driver: I didn't realize I crushed Rachel Corrie
Driver who killed American activist in Gaza tells court he learned of her death only after it was reported on radio network, but parents' attorney points to discrepancies in his testimony. Mother: State of Israel hiding behind individual soldiers.
The bulldozer driver who ran over Rachel Corrie in Gaza in 2003 said Thursday he did not realize he had trampled the American left-wing activist to death until he heard what had happened over the radio network.
The driver, whose name has not been released, testified during a Haifa District Court hearing on a civil wrongful-death lawsuit filed in March by the activist's parents, Cindy and Craig, against the State of Israel and Defense Ministry. The driver testified from behind a wooden partition to keep his identity secret.
Photo displayed during court hearing
The 23-year-old Corrie was run over and killed by an Israeli bulldozer while attempting to prevent Palestinian homes from being demolished along with other members of the International Solidarity Movement. The driver said he did not see her, and her death was ruled an accident by the IDF.
The Corries are demanding $324,000 from the State, which claims the activists endangered IDF soldiers and were in a closed military zone at the time of the incident.
During Thursday's hearing, Attorney Hussein Abu Hussein, who is representing the parents, spoke of inconsistencies between the driver's testimony during the IDF investigation and the affidavit he submitted to the court. According to the attorney, the driver told military investigators he had reported the incident over the radio system, while he told the court he heard of Corrie's death over the network.
The lawyer also pointed to discrepancies in the driver's testimony regarding how far he continued driving after crushing Corrie. The driver told the court he drove another 20 meters (66 feet) before stopping, but in his affidavit he said he stopped after three meters (10 feet). In addition, the driver claimed Corrie's body was found between the bulldozer and a mound of dirt, while another soldier said the body was behind the mound. During the hearing, Attorney Hussein displayed a photo in which no mound of dirt can be seen at all.
Meanwhile, Cindy Corrie slammed the state, saying Israel is hiding behind individual soldiers who are hiding behind partitions.
http://www.ynetnews.com/articles/0,7340,L-3973144,00.html
19 mar 2012, 16:49 , Respect -
Maria 21 oct 2010
(1:47) Family of Dead US Activist Sues Israel 19 mar 2012, 16:56 , Respect -
Maria 21 oct 2010
IDF soldier who crushed Rachel Corrie to death testifies in public for first time
Soldier, who has not been tried nor identified, delivers testimony anonymously over 2003 death of American pro-Palestinian activist.
The Israel Defense Forces soldier who drove the bulldozer that crushed an American activist to death in the Gaza Strip testified publicly on Thursday for the first time since the incident seven years ago.
The soldier has not been charged or tried over 23-year-old Rachel Corrie's death and his identity has not been disclosed. He delivered his testimony behind a wood-and-plastic partition, his voice floating into the hall over a microphone.
Corrie was struck and killed in 2003 by a bulldozer as she and other activists tried to stop Israel razing homes in Rafah by using their bodies as human shields.
The trial over her death began last March, as her parents were seeking unspecified compensation from the Defense Ministry.
The driver said he did not see her, and the IDF has ruled her death an accident - a version her parents reject.
In the damages suit filed by the Corrie family it is stated that no thorough and objective investigation was held into the death, which the family maintains occurred either because of intent or the bulldozer driver's negligence. The plaintiffs also maintain that the recording documenting the incident was deleted.
Corrie was an activist with the International Solidarity Movement, which often sends foreign activists into volatile hot spots to assist Palestinians.
One other International Solidarity Movement activist has died from Israeli fire, and at least two others have been seriously wounded.
The Corries unsuccessfully tried to sue Caterpillar Inc., the U.S. company that manufactured the bulldozer.
http://bit.ly/cjttZY
19 mar 2012, 16:56 , Respect -
Maria 21 oct 2010
Rachel Corrie's parents confront bulldozer driver
Driver who ran over Corrie was hidden behind a screen, 15 feet away from Corrie's parents, as he testified in their civil lawsuit.
The parents of an American protester crushed to death seven years ago by an Israeli bulldozer got their first chance on Thursday to confront the man who drove the vehicle that killed her.
However, the contact in an Israeli courtroom is indirect: The unidentified bulldozer driver was shielded behind a wood-and-plastic partition, his voice floating into the hall over a microphone.
Rachel Corrie's parents were seated about 15 feet away as he testified publicly for the first time in their civil lawsuit against the Israeli government.
The parents of Rachel Corrie have spent years battling in Israeli courts for two modest goals they hope might give them some closure: an apology from the military and a chance to look in the eye in court, the driver of the bulldozer that ran over their daughter.
They suffered a setback in their quest last week when a judge declined one of their key requests. The driver was screened from view during testimony, and the same is expected of his commander. Their identities have not been made public.
The family has petitioned the Supreme Court to overturn the decision %u2014 they say seeing the bulldozer driver and his commander face-to-face would help them feel more compassion.
"We are desperately trying to keep our minds open about this," said father Craig Corrie, 63.
Rachel Corrie was killed on March 16, 2003, while standing in the way of a military bulldozer that sought to demolish a Palestinian home in Gaza. An IDF investigation concluded she was partially hidden behind a dirt mound and ruled her death an accident. The driver and his commander were not charged or tried and no one was punished for her death.
In 2005, the Corries filed a civil suit against the Defense Ministry. They are seeking a symbolic one dollar in damages plus trial costs and travel expenses for themselves and witnesses, which they say are close to $100,000. Hearings in the case began this year.
http://www.jpost.com/Israel/Article.aspx?id=192253
19 mar 2012, 16:57 , Respect -
Maria 22 oct 2010
Justice, Israeli style
"Does anyone know the Hebrew word for 'occupation'?" A question from the state assigned Hebrew translator to the packed out courtroom.
And that kicked off the trial into the killing of US activist Rachel Corrie, which took her family seven years to secure.
Today, several months later, we were back at Haifa District Court to hear from the Israeli soldier who was driving the bulldozer that killed Rachel whilst she was peacefully protesting against Palestinian home demolitions in Gaza in 2003.
And hear is all we could do - thanks to an unusual request filed by the state, and accepted by the judge, the driver and other soldiers testifying in this case have done so behind a dark screen to protect their identity (for "security" reasons).
I can't tell you the driver's name (there is a gag order) but I can say that he is a Russian immigrant to Israel that, ironically, shares the same birthday as Rachel.
It was a long and painful testimony, the driver answering the questions with variations of the phrase: "I don't remember."
He couldn't even recall the time of day Rachel was killed and claimed he did not realize when he knocked Rachel down and drove over her with his four-tonne Caterpillar bulldozer.
Presumably, he also didn't realize when he then backed up over her a second time crushing her body with his blade.
For Cindy Corrie, a retired music teacher from Olympia, Washington, that was the hardest part of the day: "Hearing the man who killed my daughter, without a shred of remorse in his voice, say he couldn't remember when it happened."
As Cindy says, even if he did it by mistake, how could he not recall the time of day he killed a 23-year-old girl?
Apart from the fact that it took five years from the time the Corries filed the lawsuit to the trial date %u2013 the court procedures and last minute changes by the Israeli state attorneys are simply embarrassing for a country that claims to be a democracy and practice the rule of law.
Sub par translators, erratic trial dates and a judge that stops proceedings because he has made other appointments (as happened today cutting the session short by two hours) have delayed the trial and frustrated everyone.
The Corries, journalists and rights groups were told they could enter the courtroom at 9am this morning.
At 8.15am the state filled the room with its "observers", which meant apart from the family and their lawyers, only three or four journalists were allowed (in rotation) into the trial room to listen and report on what was happening.
I was inside for barely half an hour - just enough time to hear the driver make the point that he was simply following orders.
His superiors, he says, gave him instructions to continue with the demolitions despite the civilians protesting by the houses.
And therein lies the reason why this trial is so important.
It is not looking to blame or hold to account the soldier that dealt the final blow to Rachel.
The Corries are suing the state of Israel, for a nominal one dollar, for allowing, and at some points encouraging, its soldiers to act with impunity.
Whether they are preventing an aid ship from getting to Gaza, or in Rachel's case stopping an activist defending a Palestinian accountant's home, Israeli soldiers too often act with force, which shows they believe they are above the law.
And, as will be shown if the Corries lose this case, it's because Israeli law will always protect them.
http://blogs.aljazeera.net/middle-east/2010/10/21/justice-israeli-style
19 mar 2012, 16:57 , Respect -
Maria 24 oct 2010
Ramallah presents: Rachel Corrie restaurant
Restaurant's owner says wanted to honor American woman killed by IDF bulldozer in Rafah in 2003, all international peace activists.
After the Rachel Corrie aid vessel comes the Rachel Corrie restaurant. A restaurant named after the young American woman who was killed by an IDF bulldozer in March 2003 opened in Ramallah on Sunday.
The opening event was attended by 400 guests, including Ramallah Deputy Governot Hamdan Al Barghouti and various Palestinian Authority officials.
"We wanted to somehow reward this girl, who sacrificed herself for the Palestinian people and to thank her and all of the international peace activists," Muhammad Tmeizi, one of the restaurant's owners said.
Both Eastern and Western cuisine
The restaurant is placed in a street also named after the American peace activist and will serve both Eastern and Western food. It is estimated to become a hit among the many international activists in Ramallah.
The restaurant was opened three days after the Haifa District Court held a hearing on a civil suit filed by Corrie's parents against the State of Israel and the Defense Ministry.
http://www.ynetnews.com/articles/0,7340,L-3973994,00.html
19 mar 2012, 16:57 , Respect -
Maria 25 oct 2010
Report: Caterpillar to delay supply of D9 bulldozers to IDF
Caterpillar, the company which supplies the IDF with bulldozers, has announced that it is delaying the supply of D9 bulldozers during the time that the trial of Rachel Corrie proceeds, Channel 2 reported on Monday.
The company does not usually manufacture a military version of the D9 but it has many features that make desirable for military applications and the IDF has used them extensively for operations.
Rachel Corrie was a US activist who was killed in Gaza seven years ago by a bulldozer driver who struck and killed her. Her family charged that the IDF and its officers had acted recklessly, using an armored Caterpillar D9R bulldozer without regard to the presence in the area of unarmed and nonviolent civilians.
http://www.jpost.com/Headlines/Article.aspx?id=192744
19 mar 2012, 17:05 , Respect -
Maria 27 oct 2010
Caterpillar to delay supply of D9 bulldozers to IDF
Caterpillar, the company which supplies the IDF with bulldozers, has announced that it is delaying the supply of D9 bulldozers during the time that the trial of Rachel Corrie proceeds, Channel 2 reported on Monday.
The company does not usually manufacture a military version of the D9 but it has many features that make desirable for military applications and the IDF has used them extensively for operations.
Rachel Corrie was a US activist who was killed in Gaza seven years ago by a bulldozer driver who struck and killed her. Her family charged that the IDF and its officers had acted recklessly, using an armored Caterpillar D9R bulldozer without regard to the presence in the area of unarmed and nonviolent civilians.
http://palsolidarity.org/2010/10/15335/
19 mar 2012, 17:06 , Respect -
Maria 30 oct 2010
Caterpillar Corporation stops shipment of armored bulldozers to Israeli military
Peace activists around the world are celebrating Friday's announcement that the Illinois-based company, Caterpillar, has decided to hold off shipment of dozens of armored bulldozers to the Israeli military while a trial about the killing of Rachel Corrie is ongoing in Israel.
Corrie was run down by a Caterpillar D9 armored bulldozer in 2003 while trying to prevent the demolition of a Palestinian doctor's home in Rafah, in the southern Gaza Strip. Her parents launched an unsuccessful lawsuit against Caterpillar Corporation in the US for their role in her death. Now, they are pursuing a lawsuit in Israel against the Israeli military and the soldiers involved in her death.
Sydney Levy with Jewish Voice for Peace, one of the organizations that have been pushing for Caterpillar to divest from its contracts with the Israeli military, wrote on Friday, We take this as an indirect admission by the company that these bulldozers are being used to violate human rights and to violate the law. The Corrie story is sadly just one of thousands of stories of loss and pain. A suspension of the sale of bulldozers is what we have been asking Caterpillar for over seven years now.
He added, Caterpillar's irresponsible behavior comes with a heavy price tag. In the last ten years, at least 11,795 homes have been demolished. These statistics, gruesome as they are, cannot do justice to the pain of so many families, to their razed livelihoods and their shattered dreams.
Caterpillar itself has not made any statement apart from the notice of suspension of the sale. But activists are claiming a victory in their campaign against Caterpillar, and noting that this is the first time that Caterpillar has taken any action regarding the issue.
http://www.imemc.org/article/59790
19 mar 2012, 17:06 , Respect -
Maria 1 nov 2010
Israel hides Rachel Corrie's murderer
Craig and Cindy Corrie, the parents of slain US activist Rachel Corrie (the picture on right) who was crushed to death by an Israeli bulldozer in March 2003.
Israel refuses to reveal neither the name nor the face of the military bulldozer driver who crushed pro-Palestinian US activist Rachel Corrie to her early death.
The third session of a hearing into the March 2003 killing of the 23-year-old Corrie in the Gaza Strip city of Rafah was held on Thursday in Israel with the presence of the man who drove the vehicle.
Rachel's parents were, however, denied a chance to confront him face-to-face in the Israeli courtroom, Stacy Sullivan who heads the Rachel Corrie Foundation for Peace & Justice told Fars news agency in a letter.
The unidentified former soldier was shielded behind an opaque partition, where he read his testimony about the events leading up to Corrie's death.
In an unprecedented move, Tel Aviv has identified the man merely as a Russian immigrant who entered Israel in 1995.
Cindy Corrie, Rachel's mother, expressed dismay at the "blatantly offensive" behavior of Israeli authorities who even refused to allow them to meet the suspect in private over "security considerations."
According to Sullivan, the bulldozer driver's testimony seemed to be the same as the one he had submitted earlier to the police and was filled with contradictory information.
In the remarks he had made days after the incident, the driver had stated the vehicle's blind distance was three meters -- a distance he put at 30 meters at the hearing.
The man declined an offer by the court to withdraw his testimony, which also differed from the one by a senior officer who was next to him in the bulldozer.
Cindy Corrie said it was difficult to see the impenitence on the part of the driver, who said he had been ordered to continue the demolition work at the site of the incident despite the presence of international activists in a distance of less than 10 meters.
"It was so difficult for me to find no sign of regret in his words or voice. Unfortunately, the only thing I heard from the other side of the story was indifference," Fars news agency quoted her as saying.
http://www.presstv.ir/detail/149143.html
19 mar 2012, 17:06 , Respect -
Maria 7 nov 2010
For Family of Slain Activist, No End in Sight for Case
Rachel's family her father, Craig, her mother, Cindy, and her sister, Sarah has mostly been at the Haifa District Court, away from their Olympia, Wash., home, while fighting a civil case claiming the intentional and unlawful killing of their daughter.
HAIFA, Israel Seven years after an American student, Rachel Corrie, http://nyti.ms/a8lkGB was killed in Gaza by an Israeli military bulldozer she tried to block, becoming a global symbol of the Palestinian struggle, her parents and her older sister sit in an Israeli court in this northern city with two hopes: to confront the men who ran over her and to prove that the army investigation into her death was flawed.
On both counts, it has been a frustrating effort. To guard their identities, the bulldozer operators are called only by their initials and testify behind a screen, disembodied voices claiming vague memories. The Corrie lawyer presses them with props: Mr. A, he said to a commander this past Thursday, arranging a plastic toy bulldozer, an orange lump of putty and a Raggedy Ann doll, Where was she when you saw her?
Mr. A's answer differed markedly from that of Mr. Y, the driver of the bulldozer who testified two weeks earlier, although both denied seeing her before she was crushed under their vehicle. The army said Ms. Corrie's death was an accident. The Corries believe the drivers either saw Rachel or were so careless toward the protesters as to be criminally negligent.
On the blond wooden benches of the Haifa District Court, the Corries take notes, volunteer translators whispering in their ears. They have mostly been here, away from their Olympia, Wash., home, since their civil case claiming the intentional and unlawful killing of their daughter began in March and there is no end in sight, with sessions already planned for January. They are exhausted but unbent.
If I killed someone, I would remember that day for the rest of my life, Cindy Corrie, Ms. Corrie's mother, said during a break, eyes tearing, voice shaking. This is not just about Rachel, but something bigger. What happens to the humanity of soldiers?
This is indeed about something bigger but just what has been debated since the instant of Ms. Corrie’s death. Books, plays, videos and even an aid ship to Gaza have been dedicated to her memory and spirit, her focus on human rights and the plight of the Palestinians. A student at Evergreen State College in Olympia, Ms. Corrie, then 23, joined the International Solidarity Movement, a pro-Palestinian activist group, in January 2003 and moved to Gaza to help prevent house demolitions in the southern border town of Rafah.
It was the height of the second Palestinian intifada, or uprising, against Israel, which at the time occupied Gaza. The Israelis say the houses in question were the source of sniper fire and arms-smuggling tunnels. Ms. Corrie, by contrast, wrote e-mails home saying that the families she met were gentle people whose houses had been shot at and whose children were harassed for no reason.
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, she wrote in one e-mail on Feb. 27, 2003. I think it is maybe official now that Rafah is the poorest place in the world.
Rafah was never the poorest place in the world, but Ms. Corrie was writing as an incensed activist, not an economist. For many Israelis, however, the glorification of Ms. Corrie and her activism has amounted to an effort to portray Israel and its army as exceptionally brutal, part of a campaign to delegitimize the state and its security challenges.
The day that Ms. Corrie was killed, her fellow activists sent two photographs of her to news agencies that were then transmitted around the world. The first one showed her standing in an orange jacket with a bullhorn addressing an approaching bulldozer, and the second showed her crumpled on the ground, near death. The clear implication was that the two pictures were sequential, whereas the first was shot hours earlier with a different bulldozer.
A lawyer for the Corries pressed the bulldozer operators with props, arranging a plastic toy bulldozer, an orange lump of putty and a Raggedy Ann doll.
The Israeli Army investigation found that the drivers of the bulldozer that killed her did not see Ms. Corrie because she was standing near a high mound of dirt as it approached. The drivers, it said, had limited lines of sight inside their heavily armored vehicle, and that by placing themselves in the bulldozer's path as human shields, the eight activists bore primary responsibility.
But the Corries believe that the army carried out a lackluster investigation filled with internal contradictions and with insufficient care to what orders soldiers received when faced with civilians in their paths. That view, it turns out, was not only that of a grieving family. It won support from the United States government.
Lawrence B. Wilkerson, who was chief of staff to then-Secretary of State Colin L. Powell, wrote to the Corries in his official capacity in June 2004. He referred to their query whether the American government viewed the military's final report to have reflected an investigation that was thorough, credible and transparent. I can answer your question without equivocation. No, we do not consider it so.
Mr. Wilkerson recommended that the Corries pursue the matter in an Israeli court. An observer from the American Embassy in Tel Aviv has attended every session of the case.
Sarah Corrie Simpson, Ms. Corrie's older sister, who is here with her mother and father, Craig, has taken a leading role in bringing attention to the case. Asked what she thought of how her sister was viewed, she said her family did not consider itself anti-Israel and was not responsible for the way in which Ms. Corrie's name had been used by groups and causes.
To the contrary, she said, the family was using Israel's court system to get its army to stand up to the standards it professes, a vote of confidence in the society.
I don't see this as about Israel's legitimacy, she said in an interview. My family is not anti-Israel. What Rachel saw when she went to Gaza was extremely troubling and because of what happened to her we are now connected to the Palestinian issue. But Israeli peace activists shared her concern and are helping us with our case. From our family's perspective, this is about human rights for all people and holding governments accountable.
Cindy Corrie added, An Israeli colonel said at this trial that there are no civilians in a war zone. But there are. If that hadn%u2019t been the army%'s attitude, maybe my daughter would still be with us.
http://nyti.ms/byzdZ4
19 mar 2012, 17:06 , Respect -
Maria 7 nov 2010
Corrie v. The State of Israel
1. Summary
A civil tort lawsuit filed by Rachel Corrie's family against the Israel Ministry of Defense is scheduled for trial in Haifa District Court beginning March 10, 2010. Rachel Corrie, an American student activist and human rights defender from Olympia, Washington was crushed to death on March 16, 2003 by a Caterpillar D9R bulldozer while nonviolently protesting Palestinian home demolition with fellow members of the International Solidarity Movement (ISM).
On March 17, 2003, the day after Rachel was killed, Israeli Prime Minister Ariel Sharon promised President Bush a thorough, credible, and transparent investigation. In 2003, the Israeli military concluded that the two soldiers who operated the D9R Caterpillar bulldozer that killed Rachel did not see her, though eyewitnesses indicate she was clearly visible, wearing a florescent orange jacket. The case was closed, no charges were brought, and the State of Israel declined to release their investigative report. Subsequently, a small number of U.S. officials and Corrie family members were permitted to read the report.
When the State of Israel did not live up to Prime Minister Sharon's promise, the Corries lost the most logical means of finding justice for Rachel: a thorough, credible and transparent investigation and criminal prosecution of those responsible for her killing. To preserve their legal options, and at the suggestion of the U.S. Department of State, the Corrie family initiated a private lawsuit against the State of Israel and Ministry of Defense in March 2005.
Now, five years later, the trial is scheduled to begin. Court sessions are set for March 10, 14, 15, 17, 21, 22 and 24 between 9:00-
16:00. Presiding is the Judge Oded Gershon. The Corrie family is represented by Attorney Hussein Abu Hussein.
2. Corrie Family Efforts to Obtain Justice through Diplomatic Means
Since March 16, 2003, the Corrie family has worked diligently through diplomatic means to seek accountability for Rachel's killing. The family has held hundreds of meetings with U.S. Government officials in an attempt to obtain information and to encourage diplomatic efforts in support of a thorough, credible, and transparent Israeli investigation.
The Corries, also, urged the U.S. Government to initiate such an investigation of its own.
On March 25, 2003, U.S. Congressman Brian Baird introduced House Concurrent Resolution 111 calling for the U.S. Government to conduct a full, fair, and expeditious investigation into the death of Rachel Corrie. Seventy-seven members of the House of Representatives co-signed this resolution before it expired in committee at the end of the
108th Congress.
On June 11, 2004, in response to a letter from the Corrie family, Lawrence B. Wilkerson, Chief of Staff to Colin Powell at the Department of State, wrote of the IDF report, %Your ultimate question, however, is a valid one, i.e., whether or not we view that report to have reflected an investigation that was thorough, credible, and transparent. I can answer your question without equivocation. No, we do not consider it so. On March 17, 2005, Michael G. Kozak, Acting Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, testifying before Congress, reiterated this position.
In a March 14, 2008, letter to the Corrie family, Michelle Bernier-Toth, U.S. Department of State's Managing Director of Overseas Citizens Services, stated, We have consistently requested that the Government of Israel conduct a full and transparent investigation into Rachel's death. Our requests have gone unanswered or ignored.
3. Corrie's Complaint
The complaint charges the State of Israel with violations of constitutional rights (right to life, dignity), anchored in international humanitarian and human rights law, as well as in Israel's Basic Law: Human Dignity and Liberty, for the intentional and unlawful killing of Rachel Corrie.
Alternatively, the State of Israel is liable for the gross negligence of the Israeli soldiers and military commanders who acted recklessly, using an armored military bulldozer without due regard and due diligence to the presence of unarmed and nonviolent civilians, and who failed to take the appropriate and necessary measures to protect Rachel Corrie's life, in violation of their obligations under both Israeli and
international law. The relief sought is damages, including special, general and punitive.
4. State's Response
The State of Israel argues that the case should be dismissed because the State is immune from such a lawsuit. This argument is based on the controversial legal theory that the actions of the Israeli army in the Occupied Palestinian Territories (OPT), including Rafah, should be considered an "Act of War" that took place in the course of an armed
conflict in a closed military zone, thereby releasing the state from liability, even if there is use of excessive and disproportionate force or gross negligence.
The State also argues that the killing of Rachel Corrie by the military bulldozer should be considered an Act of State absolving the soldiers responsible from any liability under Israeli law.
Finally, the State claims that Rachel was responsible for her own death as she acted in reckless disregard of her life.
5. State's Security Certificates and Disclosure
Since filing the lawsuit, the Ministry of Defense, responsible for the army activities in the OPT, submitted security certificates, which block the release of evidence, primarily relating to the identities of soldiers involved in the bulldozer operational activities. A motion was submitted seeking, at minimum, the disclosure of the personal details of the D9R
bulldozer operator, but the Judge Gershon of Haifa District Court dismissed the motion.
In 2008, a petition was filed to the Israeli Supreme Court seeking the declassification and disclosure of army and civil manuals of the D9R bulldozers. These two documents outline the steps a bulldozer operator should take in order to prevent harm to civilians and persons in the vicinity during bulldozer operations. Sections of the manual reveal that
operations should cease immediately if civilians or persons in the vicinity are at risk of harm or injury.
6. State's Investigation and Autopsy
Following Rachel's killing, the military police investigator submitted an application to the Magistrate Court in Rishon LeZion seeking to carry out an autopsy on the body. The Court sought a response from her family about the autopsy.
The military police contacted the U.S. Embassy in Tel Aviv; the U.S. Embassy contacted Rachel's U.S. Congressman, Brian Baird in Washington DC, who in turn communicated with the Corrie family. The family agreed to the request for autopsy on two conditions: 1) a representative from the U.S. Embassy be present 2) a civilian physician conduct the autopsy.
The Court granted the order for the army to carry out autopsy under the two conditions stipulated by the Corrie family. Though the original Israeli investigation report stated that a representative from the U.S. Embassy was present for the autopsy, Corrie family inquiries to the U.S. Department of State later confirmed that the autopsy was conducted without a representative from the U.S. Embassy present, in defiance of the order of the Israeli Court.
In September 2008, following disclosure of the manuals, and the breach of court order in respect of the autopsy, the complaint was amended to incorporate the newly revealed facts.
7. Corries Witnesses Entry Issues: Eyewitnesses and Doctor
On February 22, 2010, following diplomatic pressure, four eyewitnesses to Rachel's killing were granted entry visas to testify in Israel. However, Israeli authorities have refused to allow the Palestinian doctor from Gaza, who treated Rachel and confirmed her death, to enter Israel to give testimony.
Alternatively, the Corries legal team seeks to have the doctor testify via video-conference; however, the State argues that he should not be permitted to testify remotely due to difficulties in supervising the procedure. As of March 3, 2010, the Court has not decided upon this request.
8. State's Delay
The State of Israel filed a motion seeking to postpone the issuance of its witnesses affidavits until after hearing all of the testimonies of the Corries' witnesses. On March 1, 2010, the Court granted this unconventional motion, allowing the state to submit its affidavits up to 30 days after the testimonies of the Corries' witnesses are heard. The State will then have opportunity to present its case before the court at some, currently unscheduled, future date.
The Corries, therefore, must present their entire case without any knowledge of the State's witnesses, and considerable extra time is
provided to the State to organize and mount its defense after hearing the Corries%u2019 witnesses.
9. Trial: Haifa District Court
Between March 10 and 24, the judge will hear the Corries witnesses, including four eye-witnesses and Craig Corrie, Rachel's father. An expert witness, who believes that the bulldozer operator acted recklessly and negligently, will also testify.
Professor Yehuda Hiss, the physician who carried out the autopsy on Rachel, has been summoned, as well as individuals from the army unit who conducted the investigation. At an undetermined later date, the State's witnesses will testify.
The judge will establish whether the State of Israel is responsible under Israeli and international law for the intentional or negligent killing of Rachel and whether the circumstances of her killing amount to an Act of War, and covered by the "Act of State" immunity.
10. Legal Actions in the U.S.
In Corrie v. Caterpillar, a U.S. federal lawsuit, parents of Rachel Corrie and several Palestinian families took action in 2005 against Caterpillar, Inc. for aiding and abetting war crimes and other serious human rights violations in the OPT.
The suit was brought on the grounds that the company provided bulldozers to the Israel Defense Force (IDF) knowing they would be used to demolish innocent civilians homes and to endanger civilians, in violation of international law.
On September 17, 2007, the Ninth Circuit Court of Appeals affirmed the lower court's dismissal of the case. It found that to let it go forward would intrude upon the political branches foreign policy decisions, noting that the U.S. gives substantial military aid to Israel, which is in turn used to purchase the bulldozers.
http://bit.ly/amDUho PDF
19 mar 2012, 17:06 , Respect -
Maria 19 mar 2012, 17:06 , Respect -
Maria 19 mar 2012, 17:35 , Respect -
Maria 16 nov 2010
Israel prevents fair trial of Rachel Corrie lawsuit
Israeli authorities are working to prevent a fair trial in the civil suit filed against the state of Israel over the unlawful killing of Rachel Corrie, the 23-year-old American activist run over by an Israeli bulldozer during a protest action in 2003.
Despite this, the suit, brought by Corrie's family, has exposed something of the lies and cover-up involved in her murder. The case has revealed the role of not just the bulldozer driver in her death, but also that of his commanding officers. It has also laid bare the official indifference to the crime.
Corrie was crushed to death by a bulldozer on March 16, 2003, in Rafah, Gaza, while taking part in a non-violent protest to try to prevent the demolition of Palestinian homes in the occupied Gaza Strip. She was a member of the International Solidarity Movement (ISM), a group of Palestinian-led volunteers who were fighting to publicise, protest and stop the destruction of Palestinian homes that lay in the path of Israel's planned security wall.
The driver claimed that he did not see her. The Israel Defence Force (IDF), which held a token investigation, ruled that her death was an accident, and that no action should be taken against the soldiers involved.
The Corrie family rejects this. They argue that her death occurred either because of intent or the bulldozer driver's negligence. They also maintain that the recording that documented the incident was deleted. Corrie's parents, Craig and Cindy, say that their aim in bringing the suit absolutely our last resort was to shed new light on the killing of their daughter and demonstrate the responsibility of military authorities.
We hope this trial will illustrate the need for accountability for thousands of lives lost, or indelibly injured, by the Israeli occupation and bring attention to the assault on non-violent human-rights defenders, said Cindy. My family and I are still searching for justice. The brutal death of my daughter should never have happened. We believe the Israeli army must be held accountable for this unlawful killing.
The family is seeking $324,000 compensation for specific costs related to Rachel's death, including the funeral and legal expenses. They are also seeking compensation for the family's suffering and punitive damages from Israel.
The Corries lawyer, Husein Abu Husein, has demanded a new investigation into her death. He said, The Israeli government is covering this up under the umbrella of combat activity, which absolves soldiers of responsibility.
The civil suit, which began in Haifa's District Court last March, has faced obstruction from the beginning. Two of the four key witnesses were at first denied entry into Israel. Ahmed Abu Nakira, a Palestinian doctor from Gaza who treated Corrie and later confirmed her death, was denied permission to attend the trial or provide testimony over a video link.
The driver of the bulldozer that struck and killed Corrie gave his testimony behind a screen to protect his identity. His name was not released. The Corrie family challenged this, arguing that allowing the soldiers to testify behind a screen infringes the right to an open, fair and transparent trial.
But the Haifa District Court upheld the government's demand. Judge Oded Gershon ruled that both the commander of the unit and the second soldier in the bulldozer that hit Rachel would testify in plain view because their faces were already publicly shown. However, he insisted that other soldiers would be allowed to testify behind a screen. The state's lawyers provided no evidence that the soldiers safety or security were at risk.
Although the family had asked to see the driver even if the public could not, this too was denied. Israel's Supreme Court backed up the District Court and refused to hear an appeal against the ruling.
The case, despite huge international interest, is being held in a small court with only two long rows of seats. The day that the bulldozer driver gave evidence, nearly half of the seats were occupied for the first time by observers from the State Attorney's office and Ministry of Defence. This manoeuvre served to prevent scores of journalists, human rights observers and members of the public from attending.
The bulldozer driver's testimony, although often confused, exposed the lies of the official version of events and the state's effort to cover up what happened. He stated that after he had driven over Rachel and backed up, she was lying between his bulldozer and the mound of earth that he had pushed. He thereby corroborated both photographic evidence and testimony from international eyewitnesses given to the court in March. As such, his statement conflicted with his own affidavit signed last April. He was unable to remember even the most basic facts about the date and time of Rachel's killing and repeatedly contradicted his own statements in court and to the military police investigators in 2003. He also contradicted the statements given by his own commander in the bulldozer.
In a particularly telling moment, the driver made it clear that Rachel's death was not the result of one man's action but stemmed from the orders of senior commanders. He said he knew about regulations that outlawed work within 10 metres of people. He knew that civilians were present, but said he was given orders to continue working. He said, I'm just a soldier. It was not my decision.
Following the driver's testimony, Cindy Corrie stated, It was very difficult to hear or detect anything in this witness words or voice that suggested remorse. Sadly, what I heard from the other side of the screen was indifference.
She continued, While the driver is very important, to me he is not the only person who has responsibility. Responsibility is shared with a lot of people. My focus isn't entirely on the driver.
Sarah Corrie Simpson, Rachel's older sister, said, Ultimately the individual had the ability to stop that act. However, if you only hold responsible the individual, you're losing the broader context of what's going on. You have to look at the chain of command and what sort of orders were being given at that time.
Shalom Michaeli, then head of the Military Police Special Investigative Unit, who led the investigation into Rachel's killing, also gave evidence. He told the court that he stood by his 2003 investigation and saw no reason that anyone should have been prosecuted. He has since been promoted.
Michaeli revealed his cavalier attitude to the investigation under cross-examination. He had seen no need for a full transcript of radio transmissions just before the killing. Similarly, he had not bothered to get the tape of the video recording the area until a week after the incident, because senior commanders had taken it. Neither had he questioned the camera operator, who had panned away from the scene only minutes before Rachel was killed because he did not think it was relevant.
He did not go to the site because he said it was dangerous (he admitted he could have gone in an armoured car but chose not to), the terrain had already been altered, and the vehicles removed by the Israeli military. In his written affidavit, he claimed that he found no sign of blood or other evidence that the vehicle had injured anyone, but admitted that the bulldozer could have been washed or even painted before he inspected it.
Michaeli's replies to court questioning confirmed that soldiers and their commanders were allowed to act recklessly and use armoured military bulldozers without regard for civilian safety. He said that bulldozer operators could not be expected to follow the procedures set out in the manuals for low-intensity conflict in this zone. They were not relevant because he believed the Israeli army was at war with everyone in the area, including the ISM peace activists.
Craig Corrie, Rachel's father, said, Today I was struck by the lead investigator's failures his failure to look for evidence, to secure evidence, to resolve conflicting evidence, and to turn evidence over to this court. This is not what we and the US government were promised by the government of Israel when Rachel was killed and it is not what we will accept now.
Several more hearings are due to be held, and a ruling is not expected until next year.
http://bit.ly/boNvCM