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Rachel Corrie trial: stopping bulldozer work not an option despite risk to protesters

Rachel Corrie

Rachel Corrie

Rachel Corrie

11 April 2011 | Rachel Corrie Foundation

Deputy Battalion Commander says avoiding precedent influenced decision not to stop.

Two Israeli military officers who commanded troops near Rafah, Gaza on the day Rachel Corrie was killed, took the stand behind a screen in a Haifa court Wednesday, April 6, as government witnesses in the ongoing civil lawsuit Corrie vs. the State of Israel. Their testimony further underscored the failure of the Israeli military to recognize the rights, and protect the lives and property of civilians in the Rafah, Gaza region in 2003; including that of the International Solidarity Movement (ISM) protesters.

Deputy Battalion Commander Sh.R, a Major responsible for overseeing 450-500 soldiers in Gaza, said he was located about 1 ½ kilometers from the scene at the army’s Liaison Unit with Foreign Forces (Yaklaz), and that although the bulldozer work was under the direct ground supervision of Captain S.R., he was in a position to influence the work and was ultimately responsible for the decisions made that day. This was significant because in the preceding hearing, Captain S.R., a Bedouin officer who testified earlier in the week, told the court he requested to halt his work because of the presence of the protesters, and potential danger to them, but received orders to continue.

Press release April 11, 2011

English (pdf, 554.59 kB)

 

 

Sh.R. defined the “Philidelphi Route” not just as the narrow, Israeli controlled, military road running parallel to the Gaza/Egypt border, but rather as the entire width of land between the Egypt border and the first row of Palestinian houses inside Gazan territory. He also insisted that Palestinians in these houses were those digging tunnels, snipers attacking the military, or smuggling weapons, and that clearing and destroying homes was done only after it was “beyond a reasonable doubt” that homes were empty. His description, although emblematic of the Israeli military’s position regarding the area in 2003, completely ignores the fact, and credible documentation by U.N. humanitarian agencies and human rights groups, that the land was once filled with densely populated civilian homes, the first row of which receded rapidly as the Israeli military bulldozed row upon row of houses, widening the border’s buffer zone and claiming the newly razed Palestinian territory for its own. Comparative satellite photos from a 2004 Human Rights Watch publication titled Razing Rafah: Mass Home Demolitions in the Gaza Strip document this “wholesale destruction” of Palestinian homes along Gaza’s southern border.

In e-mails to her mother, Rachel described her experience living with the Nasrallah family, whose home she was protesting in front of when she was killed: “the two front rooms of their house are unusable because gunshots have been fired through the walls, so the whole family—three kids and two parents—sleep in the parents’ bedroom. I sleep on the floor next to the youngest daughter, Iman, and we all share blankets. … Friday is the holiday, and when I woke up they were watching Gummy Bears dubbed into Arabic. So, I ate breakfast with them and sat there for a while and just enjoyed being in this big puddle of blankets with this family watching what for me seemed like Saturday morning cartoons.”

Although the house was not demolished that day, the family was forced to flee seven months later when the Israeli military cut sewer and power lines and badly damaged a structural wall. The home was fully demolished in spring 2004. It was home to five young children, four of whom were present behind their garden wall as the bulldozer unit approached and Rachel was killed.

Additional testimony of the Deputy Battalion Commander Included:

* He stated that there was a weekly work plan as well as a written “mission file” for the unit that identified the unit’s mission directive, participating forces, and instructions given to the force; including any safety instructions. However, this material was never released to Corrie family attorneys as part of discovery of the Military Police investigative file – a startling omission that calls into question the thoroughness of the government’s investigation into Rachel’s killing.

* Sh.R. identified that there was a female “scout” who recorded both video and audio files from the event, but claimed that not all the audio was recorded. Sh.R. also confirmed that cell phones, were also used, but unrecorded, to communicate orders back and forth between Captain S.R. and the Deputy Battalion Commander.

* Sh.R. stated he knew unarmed protestors were in the area, but in his opinion, stopping the work was not an option. He said the protesters were not a threat to the force, but added that if every foreigner came to raise banners, terrorists would also come and he would lose his ability to control the region. He admitted that avoiding a precedent was a consideration in the decision to continue working. He stated that in his opinion, the protesters should have been barred from entering Gaza.

* Although, he described in testimony that regulations state you don’t shoot unless there is intent and means to hurt you, a written summary of events recorded in the daily operations log on March 16, 2003, stated, “those foreigners should be handled and their entrance into the Gaza Strip should be forbidden. Additionally, the work must continue in the area in question. The firing orders state that every adult person should be shot to kill.” Within seven weeks of Rachel’s killing, award winning journalist James Miller and activist Tom Hurndall, both British citizens, were shot and killed along the same two mile stretch of the Rafah, Gaza border.

* When asked if he recalled being involved in an incident of “interference” with the military police investigation, Sh.R responded, “yes” and described how his Division Commander phoned him and ordered the investigation stopped due to a dispute over authorization. Sh.R. testified that he approached the lead investigator, interrupting the questioning of the bulldozer driver already in progress, and that personal words were exchanged. He acknowledged that he instructed the investigator to stop, based on orders of the High Command. When questioned about the ethics of interfering in a military police investigation, Sh.R. stated emphatically that he was given an order and he carried it out.

Following Sh.R’s testimony, Platoon Commander, A.D. took the stand. Unlike Sh.R, who was away from the scene, witness A.D. was present and second in command within the APC. He struggled to remember specific details about the events and said that he did not see the events before, during, or after they occurred. He also did not recall any lessons learned from the incident.

Highlights of Platoon Commander A.D.’s testimony included:

* He confirmed the unit would have been given a written “task file” before setting out on the work, although he could not remember anything about the specific file that day.

* The APC had a periscope from which they could see a longer distance from the vehicle.

* Commander R.S. spoke frequently on the cell phone and, in order to use it, he had to remove his helmet. This contradicts earlier military testimonies that claimed helmets worn would never be removed and, thus, soldiers would not have heard the protesters shouting through the megaphone nearby.

* He could not recall the specific safety instructions for the D9 bulldozer, but said the unit would continue working as carefully as possible. He believed work was allowed if protesters were within 15 meters of the vehicle, but not if they were within 5 meters.

* He knew that the protesters were civilians and “Americans.”

* He said there was a first aid kit within the APC, and he believed it was likely that the radio communications person in the vehicle was also a trained medic. However, he confirmed that the medical kit was not thrown to the protesters after Rachel was hit. Testimony made clear that no serious attempt was made by the military to provide medical assistance to Rachel at the scene prior to Palestinian medics evacuating her.

Please visit http://rachelcorriefoundation.org/trial for updates, changes to the court schedule, and related information.

For press related inquiries, please contact:
Email: press@rachelcorriefoundation.org

 

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Three Scandinavian activists trapped by curfew

Awarta
Awarta

Awarta

14 March 2011 | International Solidarity Movement

 

FOR IMMEDIATE RELEASE

Today the village of Awarta, near Nablus, is facing the second day of a severe curfew imposed by the Israeli military, following Friday morning’s murder of a settler family in the settlement Itamar . Three ISM activists–Cinda, 23, Chad, 25, from Sweden, and Cissy, 53, from Norway–are currently trapped in the village. Anyone caught stepping outside of their house is arrested. Soldiers have said that they’ll maintain the curfew until they’ve apprehended the settler family’s murderer. The army hasn’t presented any evidence that the murderer was from Awarta. Soldiers are beating people and continuing their house raids: destroying houses from the inside, cutting off electricity, and polluting the drinking water by throwing mud in the water-tanks. 30 homes were occupied by soldiers last night. Computers and phones have been destroyed and money and property were stolen by the soldiers. In the last two days soldiers have been throwing sound grenades inside and outside the houses, and shooting in the air. The ISM activists may be arrested soon, but they intend to stay as long as possible because they feel their presence improves the behavior of the soldiers, and villagers have asked them to stay.

For more information:

Cinda, ISM activist inside the village: +972 59 741 4023
ISM Media Office, Ramallah: +972 59 760 6276

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Support our work in Palestine

International Solidarity Movement

14 August 2010

The ongoing suppression of the Palestinian grassroots resistance has included targeting international solidarity activists. Numerous volunteers with the International Solidarity Movement have been arrested or deported in past months.

A tactic of challenging the occupation and the Israeli authorities is via legal measures.
As Israel’s crackdown on popular resistance escalates, International Solidarity Movement activists are working on the ground to fight the authorities’ attempts to arrest, imprison and deport us – all strategies employed by Israel in their attempts at disconnecting us from our role in the struggle against apartheid. Legal challenges are an important battle field in non-violent resistance because often the occupation is forced to change their policies when these are held up to scrutiny.

The past six months have seen a surge in Israel’s crackdown on Palestinian and international activists involved in the popular resistance, marked by a wave of arrests targeting grassroots organizers from the popular committees of Bil’in, Ni’lin, Al Masara and Nablus and international activists involved in these regions’ struggles. Several ISM activists have been illegally abducted by Israeli forces and continue to fight lengthy legal battles against the Israeli state for these cases, in addition to the frequent arrests of activists at the growing number of West Bank demonstrations that the military has struggled in vain to crush.

American ISM activist Ryan Olander was arrested on December 18 in Sheikh Jarrah, East Jerusalem. He was then illegally re-arrested by “Oz” immigration unit the following day, just moments after his release. He spent 29 days in Ramle Givon detention center resisting deportation before he was released. On June 3 the Israeli District Court ruled in Olander’s favor, the precedent-setting ruling articulating that the police and “Oz” immigration unit practices were illegal. This victory paves the way for a legal grounding for future activists (see: http://palsolidarity.org/2010/02/11278/).

Czech activist and ISM media co-ordinator Eva Novakova was kidnapped by Oz forces in a night raid operation on her Ramallah apartment on January 11. Australian activist and ISM international co-ordinator Bridget Chappell and Spanish activist Araidna Jove Marti were abducted by Israeli military forces in a similar night raid on the ISM media office in Ramallah on February 7 (see: http://palsolidarity.org/2010/02/11224/). All three activists pursued the issue in the Israeli Supreme Court, bringing Israel’s repreated violation of the Oslo accords in to focus. In the case of Chappell and Marti, the State Prosecutor was forced to admit the their arrests had been outside the legal framework, with the judge declaring their detention illegal.

These legal battles, taking the Israeli power structures on at their own game, constitutes a form of “resistance” that has the potential to set decisive precedents and alter Israeli policy, while at the same time exposing the level of corroboration between various Israeli departments in the occupation’s implementation.

This kind of legal work comes at a high price tag, we currently owe around 18,000 NIS to our lawyers. The ISM is asking its supporters to donate now to support the work of the ISM’s solidarity with the Palestinian movement against apartheid. Activist groups may consider throwing fund-raising events to raise money, and continue raising awareness for the cause. You can donate online via Paypal (not through AJ Muste), please see http://palsolidarity.org/donate for details.

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Direct action around Palestine

Member of Al-Ma'asara Popular Committee confronts soldiers (ISM)

International Solidarity Movement, 1 July 2010

Member of Al-Ma'asara Popular Committee confronts soldiers (ISM)

Member of Al-Ma'asara Popular Committee confronts soldiers (ISM)

Al Ma’asara

The people of Al-Ma’asara’s again demonstrated peacefully last Friday, protesting against land seizures and settler harassment. Twenty villagers were joined by a handful of Israelis and internationals, marching from the village out towards the confiscated fields.

For the second week running, the group was allowed to reach the fields; Israeli army jeeps appeared as always, but this week the soldiers escorted the protest group to the fields, rather than attempting to stop them. Protestors were pushed and shouted at if they tried to move away from the main group, but otherwise there was no incident.

Perhaps the Israeli Army has finally recognised that the Al-Ma’asara protest is 100% peaceful, and the soldiers have no reason to break it up. Or this may turn out to be a temporary respite from roadblocks and harsher treatment. In any case the people of Al-Ma’asara are still not able to cultivate their land in peace, as the farmer’s have no protection from settler violence.

An Nabi Saleh

Residents of An Nabi Saleh gathered on Friday to honour the men of their village who remain as political prisoners inside Israeli jails. As one man enters his 33rd year in captivity, the village congregated for speeches, songs, and presentations to the families of those imprisoned.

After this event, villagers, joined by Israeli and international supporters, marched towards village land which has been illegally taken from them by the nearby Israeli settlement of Halamish. Soldiers blocked their route, allowing them to stand and chant for only a short period before starting to shoot tear gas. Many of the tear gas canisters shot were fired at body height, seemingly deliberately aimed at demonstrators. Several participants were injured, by canisters or by rubber-coated steel bullets, which were also fired in large numbers.

Military jeeps then came into the village, and soldiers occupied the main square. After approximately an hour, they retreated again, pursued by a large group of young children, one of whom had successfully planted a Palestinian flag on the back of a jeep. Soldiers halted the jeeps, and got out to throw sound grenades and fire tear gas at the children. Fortunately, none were hurt.

The demonstration went on until after sunset, when soldiers finally moved out of the village.

Iraq Burin

At the weekly demonstration against the illegal Israeli occupation in Iraq Burin, stone throwing protesters and international observers were teargassed by the Israeli army while trying to access their own land.

Leaving the village after the protest, two villagers and six internationals were stopped by an army jeep, had their passports confiscated and were then detained, with the soldiers claiming that it was “illegal” to be in the village. The internationals and Palestinians were taken to separate Israeli checkpoints, before being brought together again at Huwarra checkpoint 40 minutes later, where the Palestinians had been kneeling in the hot sun with their hands behind their heads.

All prisoners were then taken to a police station, where one of the Palestinians was severely beaten, first in the jeep, then in a closed room in the police station. All prisoners were later released without charge, 4 1/2 hours after their detention. The beaten Palestinian was taken to hospital in Nablus, where the doctor noted heavy bruising on his chest, back and stomach.

Bil’in

Dozens suffered from tear gas inhalation in Bil’ins weekly demonstration this Friday.

This week’s protest focused particularly on the boycott of Israeli blood diamonds. Every year, consumers the world over unwittingly spend billions of dollars on diamonds extracted by violent militias in West Africa and later processed and sold on from Tel Aviv. Protestors also carried a message of solidarity with the Palestinians of East Jerusalem, who are currently subject to a particularly violent wave of evictions, demolitions and harassment.

About 100 Palestinians, Israelis and internationals marched together this week to the gate of the Annexation Wall, facing large amounts of tear gas before the soldiers charged through the gate and chased the protesters towards the village. The solders continued firing teargas on the fleeing crowd, leaving dozens of protestors affected by gas inhalation. Hot teargas cannitsters set fire to fields on either side of the road, with Palestinian youths struggling to put out the flames while avoiding the Isralie assault. The demonstration ended after about 45 minutes.

Ni’lin

Around 20 international activists and journalists joined a group of 80-90 local villagers for the weekly protest against the Annexation Wall, continuing a tradition that has been going for over 4 years now. Starting from the olive fields, the protesters marched down the hill towards the wall, chanting slogans and waving flags. Having arrived at the wall, which annexes farmland and property from the locals and gives it to illegal settlers, there was an interlude of around 5 minutes, after which time the Israeli Army, from the other side of the wall, launched volleys of tear gas canisters at the peaceful protesters, continuing another integral part of the demonstration since its inception- unprovoked violence against peaceful demonstrators.

Following the volleys, most of the activists positioned themselves out of the direction of the wind, in order to minimize the poisonous effects of the gas. Some of the canisters were conventional rubber canisters, and others were higher velocity metal canisters, and thus the protesters had to be careful to avoid the projectiles, which have in the past caused serious and even fatal injuries to several activists. Some of the Palestinians then started throwing rocks over the wall at their aggressors, as well as using slingshots to hurl the empty gas canisters back at the soldiers.

After around 45 minutes events petered out. The protesters moved to the edge of the wall, and some of the journalists conducted interviews, while some Palestinians continued using slingshots to hurl the empty rubber gas canisters back over the wall. Suddenly, the Army burst through the gate in the wall in their jeeps, and started pursuing the peace protestors, who fled on foot over the hills, out of the reach of the jeeps. After a roughly 10 minute chase, the activists had managed to distance themselves safely from the army, who had given up the pursuit; they returned to the village in peace.

Hebron

Demonstrators gathered in Hebron on Saturday to demand an end to the illegal theft of water from the region for use in Israel and in Israeli settlements.

Protesters carried a large banner which read ‘Stop Stealing Our Water’, a reference to the theft of Palestinian water supplies by Israel. According to the Middle East Monitor, ‘The rate of water consumption of Israel citizens is 344 million cubic metres per year, while the consumption of Palestinians stands at 93 million cubic metres per year’. Israel’s disproportionately high usage and wastage of water is in large part fed by water stolen from the occupied West Bank. The Middle East Monitor goes on to write of ‘3 reserves within the West Bank area producing about 679 million cubic metres of water. According to international law, this water belongs to the Palestinians but they only get 118 million cubic metres. In other words, Palestinians get just 15% of their own water while the rest is consumed by Israelis’ [1]. Much of this stolen water comes from the Hebron region.

Local residents were joined for the protest by a large group of Israeli and international activists. After chanting and making speeches in front of one of Hebron’s many military watch-towers, the protest then moved up a nearby street, which was blocked by Israeli soldiers who violently pushed demonstrators back down the road. Protesters refused to give up, and went instead into the Old City’s covered market. Above this market is one of the illegal settlements that exist within Hebron itself, and settlers from here threw glass bottles, eggs and water down onto the protesters below.

The settlements in Hebron are, like all settlements within the West Bank and East Jerusalem, illegal under international law. Palestinian residents of the Old City and the district of Tel Rumeida suffer severe restriction of movement, frequent harassment and occasional violence at the hands of both soldiers and settlers.

[1] http://www.middleeastmonitor.org.uk/resources/briefing-papers/805-israel-is-stealing-palestinian-and-arab-water

Beit Jala

Midday Sunday, a group of Palestinians and internationals gathered in the village of Beit Jala outside Bethlehem to protest against the construction of the wall cutting off the village from its land. The protesters divided into two groups, one facing a roadblock set up by the soldiers and while another smaller group went down trough the olive groves to reach the construction site.

Israeli soldiers responded violently towards the larger group, using sound bombs and tear gas. When the smaller group reached the road leading to the construction site, soldiers quickly formed a line to stop them. After some time border police arrived and arrested three of the protesters: one Palestinian, one Israeli and one international. As a result of the ferocious violence from the soldiers, the demonstration dissipated.

Activists working with local farmer to dredge the well (ISM)

Activists working with local farmer to dredge the well (ISM)

Bir el-Eid

Early Saturday morning, 10 volunteers from Tayoush and ISM travelled to Bir el-Eid in the South Hebron Hills, where we met with the local farmers, and were joined also by renouned activist Ezra Nawi. Activists gathered here to help the locals dredge out their well. The people Bir el-Eid only just have enough water to drink, but nothing for crops or animals. Water must be expensively brought in tanks from outside, negotiating whatever the current military conditions may be.

The more permanent and sustainable water supply here comes from two wells that capture a good part of the yearly rain, which soaks down through the chalk rocks. The people of Bir el-Eid were evicted from their land for a number of years, and when they recently returned, they found their wells in disrepair. Without anyone here to maintain the wells they filled with silt, and the problem may have been compounded by settler vandalism.

Restoring the well to usefulness is a crucial part of re-establishing a sustainable community here. Activists spent about five hours working with the farmers; one Palestinian and three Israelis went down into the cistern at the bottom of the well, and five of us at the top hauled up the bucket-loads of muck with a pulley. This was filthy, heavy work, but seeing Palestinians and Israelis working together against the Apartheid provided powerful inspiration.

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Millennium Goals Revisited: Noble Ideas, and Feel-Good Moments

Gaza woman and Child (Sameh Habeeb, 2009)

Ramzy Baroud, 1 July 2010

When the United Nations Millennium Development Goals (MDGs) were first declared, they were met with a sense of promise. A decade later, despite all the official insistence that all is on track, it is increasingly clear that this approach to development was flawed from the onset.

For ten years, numerous committees, international and local organizations and independent researchers have tirelessly mulled over all sorts of indicators, numbers, charts and statistical data relating to extreme poverty and hunger, universal primary education, gender equality, child mortality, and so on.

The conclusions derived from all the data weren’t necessarily grim. And the sincerity of the many men and women who have indefatigably worked to ensure that the eight international development goals – agreed to by all 192 UN member states and over 20 international organizations – were fully implemented, cannot in any way be discounted. They were the ones who brought the issue to the fore, and they continue to push forward with resolve and determination.

The problem lies with the concept itself, and with the naive trust that governments and politicians – whether rich or poor, democratic or authoritarian, leading global wars or trying to steer clear from the abyss of famine – could possibly share one common, selfless and unconditional love for humanity, including the poor, the disadvantaged, hungry and the ill. The utopian scenario might be attainable one day, but it certainly won’t be happening anytime soon.

So why commit to such goals, with specific deadlines and regular reports, if a genuine global consensus is not achievable?

Since its inception, the United Nations has been a source of two conflicting agendas. One is undemocratic, and championed by those who wield the veto power at the Security Council. The other is egalitarian, and it’s embodied in the General Assembly. The latter reflects the global mood and international opinion much more accurately than the former, which is largely dictatorial and caters only to power.

As a result, two conflicting sets of ideas and behaviors have emerged in the last six decades. One imposes sanctions, leads wars and destroys nations, and the other offers a helping hand, builds a school, shelters a refugee. The latter offers assistance, albeit on a relatively small scale. The former spreads devastation and destruction on a grand scale.

The Millennium goals evolved from this very dilemma, which continues to afflict the United Nations and undermine its noble principles. For now, MDGs would have to settle for being a true reflection of peoples’ aspirations, but with little expectation of achievable results.

That does not mean that there is no good news. On the contrary, there will always be reasons to compel us to push further towards desired change. Since September 8, 2000 – the day in which the General Assembly adopted the Millennium Declaration – many encouraging results have been reported. Although the progress, as reported during the 2005 World Summit of leaders, was still falling short from the target dates, much has been achieved.

On June 23, Charles Abugre, the Director for Africa of the United Nations MDG campaign presented the 2010 Millennium Development Goals Report in Berlin. The same report was simultaneously presented in New York and Paris. According to its findings, the 2008 food and 2009 financial crises didn’t stop progress, but they certainly made the goal of reducing global poverty by half “more difficult to achieve.”

Indeed, significantly less people are reportedly living on less income, though, according to Aburge, bringing “poverty down to 15 percent of the global population” is less likely. Aburge has also said that progress has been made throughout the world, with the distressing exception of Central Asia, which is “riven by war and armed conflicts.”

In areas such as child mortality rate and combating epidemics, there has been little or no progress. More, “environmental degradation continues at an alarming pace,” according to Abugre. “CO2 emissions have even increased by almost 50 percent over the past 17 years, and in spite of a minor slowdown in emissions due to the crisis, are set to increase further.” It’s important to mention here that some countries are much closer to succeeding with the MDGs than others. China, for instance, has slashed the number of its poor by a huge margin, while others have fallen deeper into poverty.

While the numbers offer a strong enough reason to maintain a global push for reducing poverty, there is little evidence to suggest that the improvement is in any way related to the global pledge of 2000. It may well be a reflection of the state of affairs of individual countries. For example, China’s economic progress is hardly related to the September 2000 meet, and Afghanistan never really opted for the US-NATO invasion of 2001, which eliminated any realistic chance for the country to ever meet such seemingly lofty standards.

In its constant search for consensus, the General Assembly’s goals hardly view development from a critical perspective. They do not take into account the way in which structural adjustment policies, designed by international bodies such as the International Monetary Fund (IMF) and the World Bank forced poor countries into debt and extreme poverty in the first place. They also ignore the way in which rich and powerful countries, in their quest for military, economic and political dominance ensure the subordination of poor, politically fragile, and militarily weak countries.

Of course, delving into the real issues would undermine the futile search for consensus, threatening the ‘amiable’ image of the General Assembly. These are left instead to the Security Council or those members of the UNSC, whose ‘opinion’ is the only one that truly counts, and who regularly go on to prescribe decisive and cruel policies.

All of this is not to say that the millennium goals should be relegated. Every noble effort should be supported and lauded. But unwarranted optimism can border on folly if one intentionally ignores the dynamic of lasting change, whether at a micro or macro levels. The discussion of MDGs should not come at the expense of realism and truth, and it should certainly not just serve as yet another feel-good moment for the rich, while further humiliating for the poor.

- Ramzy Baroud (www.ramzybaroud.net) is an internationally-syndicated columnist and the editor of PalestineChronicle.com. His latest book is My Father Was a Freedom Fighter: Gaza’s Untold Story (Pluto Press, London), now available on Amazon.com.

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Israel to Reinvestigate the Shooting of US Activist Tristan Anderson

tristan_anderson

Popular Struggle Coordination Committee, 30 June 2010

The Israeli District Attorney announced last week that the police will revisit its investigation into the shooting of American activist, Tristan Anderson, who was critically injured by a high velocity tear gas projectile that was shot directly at him by an Israeli Border Police officer during an anti-Wall protest in the West Bank village of Ni’ilin on March 13th, 2009.

Tristan Anderson (ISM Photo)

The case was closed earlier this year on grounds of “lack of wrongdoing”, and will now be reopened following an appeal filed on behalf of Anderson’s family by attorneys Michael Sfard and Ido Tamari. The appeal, which pointed out grave flaws and negligence in the original investigation, was based on an independent investigation, held parallel to the one the police conducted. It shows clearly that the police decided to close the case despite the fact that the investigating team had never visited the scene of the shooting, and as a result questioned officers who had nothing to do with Anderson’s shooting and, in fact, could have had nothing to do with the shooting, as there was no direct line of fire between where they were positioned and were Anderson was shot.

A second Border Police crew, which was located in the area where Anderson was shot from according to all civilian eye witnesses, was never questioned at all. The force’s commanders, who carry responsibility for the shooting were also not held accountable.

A presentation explaining the ills of the police investigation can be viewed at this link or below:

The decision to re-launch the investigation following the appeal is, in effect, an acceptance of Anderson’s family’s claims that the investigation which cleared the Border Police officers from responsibility to their son’s critical injury was fundamentally flawed and negligent.

Attorney Michael Sfard: “With this kind of negligence, it is no wonder that the world does not trust Israeli investigations. Our own independent investigation was easily able to show, despite our meager resources, that the shooting was done directly at Anderson and with absolutely no justification. We will not rest until the shooter is brought to justice”.

Nancy Anderson, Tristan’s mother: “We expect someone to finally take responsibility for our son’s shooting. It is unimaginable to us that soldiers will shoot unarmed civilians whose sole crime was to demonstrate, and that no one will be held accountable. The re-launching of the investigation, so we hope, is a much needed first step towards justice for us and for our son.”

Anderson left Israel and returned to the USA with his family at the beginning of the month, after almost a year and a half of hospitalization in Tel Hashomer hospital in Tel Aviv. His condition remains serious as he suffered irreversible brain damage as a result of the shooting.