The Rachel Corrie Verdict
Blaming the Victim
By HUSSEIN ABU HUSSEIN | CounterPunch | September 4, 2012
On Tuesday, Judge Oded Gershon of the Haifa District Court dismissed the civil lawsuit I brought on behalf of Rachel Corrie’s family against the State of Israel for the unlawful killing of their daughter, an American peace activist and human rights defender who legally entered Gaza to live with Palestinian families in Rafah whose homes were threatened by demolition.
While not surprising, the verdict is yet another example of impunity prevailing over accountability and fairness and it flies in the face of the fundamental principle of international humanitarian law – that in a time of war, military forces are obligated to take all measures to avoid harm to both civilians and their property.
It is not the first time courts have denied victims of Israeli military actions the right to effective remedy. Just ask the many Palestinians who have faced a myriad of legal hurdles and fought for decades simply to have their day in court. Thousands of legitimate claims continue to be denied based on the controversial legal theory – which Judge Gershon adopted – that soldiers should be absolved of civil liability because they were engaged in military operational activities in a war zone.
Rachel’s case is unique because she was the first foreign national to be killed while protesting Israeli occupation, though she was hardly the last. Tom Hurndall, a British peace activist, was shot in the head and killed by an Israeli sniper less than three weeks after Rachel was killed. And less than a month after that, James Miller, a British cameraman was also shot and killed by the IDF in Rafah.
In reaching his decision in Rachel’s case, Judge Gershon accepted virtually all of the government’s legal arguments and either ignored or distorted critical facts in order to reach his decision. For example, he concluded that Rafah was a closed military zone, as declared by the Israeli military’s southern command (never mind that no such order was presented in court, and the ground unit commander testified he was unaware of the area’s designation as a closed zone). And that conclusion had implications.
When the former Gaza Division’s Southern Brigade Commander Colonel Pinhas (Pinky) Zuaretz, who was in charge in 2003, testified, he confirmed that the rules of engagement at the time Rachel was killed were to “shoot to kill any adult person on the [Philadelphi] route.” As another Israeli colonel who testified put it: “There are no civilians in a war zone.” By accepting the testimony of Zuaretz and others, Judge Gershon essentially accepted that the “shoot to kill” order was acceptable, which violates the fundamental tenets of international humanitarian law, mandating that soldiers distinguish between combatants and civilians.
We knew from the beginning that it would be an uphill battle to find truth and justice, but we are convinced that this verdict not only distorts the strong evidence presented in court, but also contradicts fundamental principles of international law with regard to protection of human rights defenders. In denying justice in Rachel Corrie’s killing, this verdict is part of a systemic failure to hold the Israeli military accountable for continuing violations of basic human rights. As former U.S. President Jimmy Carter put it: “The court’s decision confirms a climate of impunity, which facilitates Israeli human rights violations against Palestinian civilians in the Occupied Territory.”
The Corrie family has always stressed that the purpose of this lawsuit was larger than compensation for their loss. For them, it was about understanding exactly what happened to Rachel and exposing the injustices their daughter and her friends in the International Solidarity Movement stood against. They filed suit on advice of Lawrence Wilkerson, former Chief of Staff to U.S. Secretary of State Colin Powell, who, on behalf of the State Department, told the family in 2004 that the United States did not consider the investigation into Rachel’s death to be “thorough, credible and transparent.”
The U.S. government has repeatedly reiterated its position regarding the failed investigation, and after nearly seven years of mounting evidence since the case was initially filed, it has become even clearer that the military conducted its investigation not to uncover the truth of what happened, but rather, to exonerate itself of any blame.
In his decision, Judge Gershon concluded that because Rachel put herself in harm’s way, she is to be blamed for her own death. That conclusion puts at serious risk the lives of human rights defenders and it creates yet another dangerous precedent regarding the protection of civilians in war. Not surprisingly, the court avoided any analysis of international law obligations.
The verdict ensures that the Israeli culture of impunity will continue unchecked. Rachel Corrie lost her life standing non-violently with those who have been subject to Israel’s systematic policy of destruction and demonization. Like the Freedom Riders in the United States who, during the civil rights movement, joined oppressed black communities in their struggle for equality, Rachel and her friends in the ISM presented a new challenge and model of non-violent activism, solidarity and resistance to the longest military occupation in modern history.
In a country in which the judicial system has enabled the occupation for almost 50 years, I suppose it’s not surprising that the judicial system blamed the victim for her own death.
Hussein Abu Hussein is a human rights lawyer and co-founder of the Arab Association for Human Rights. He represented the Corrie family in their case against the Israeli government and the Israeli Ministry of Defense.
Related articles
- International Solidarity Movement’s response to the Rachel Corrie verdict (alethonews.wordpress.com)
- Rachel Corrie and the Kosher Legal Stamp (alethonews.wordpress.com)
Share this:
Related
September 4, 2012 - Posted by aletho | Civil Liberties, Solidarity and Activism, Timeless or most popular, War Crimes | Gaza, International Solidarity Movement, Israel, Palestine, Rachel Corrie, Zionism
4 Comments
Sorry, the comment form is closed at this time.
Featured Video
JFK vs Israel and Dimona – The Stand, Murder, and Takeover
For more videos go to the Aletho News – Video Category
or go to
Aletho News Archives – Video-Images
From the Archives
Did North Korea Really Hack Sony?
By James DiEugenio | Consortium News | February 3, 2015
One of the major problems with modern American democracy is the fact that the U.S. government has a serious credibility problem. This is not new of course. In its contemporary strain, it goes back at least to 1964 when two events focused and magnified the problem. The first was the Gulf of Tonkin incident, which was used to launch the Vietnam War. The second was the issuance of the Warren Report, the widely doubted official account of John F. Kennedy’s assassination.
As Kevin Phillips demonstrated with polling results in his book Arrogant Capital, that year marked the beginning of a long decline in the public’s trust in the government’s ability to do what is right most of the time. Prior to that year, the number hovered in the mid-70 percentile. After that, the figure began to drop steeply. It bottomed out at 19 percent in 1992. (This was clearly a large factor in boosting the presidential candidacy of Ross Perot that year.) It has failed to recover in any significant way since.
Historically speaking, it’s easy to name some of the causes for this headlong slide into skepticism and disbelief: the escalation in Vietnam, the assassinations of key leaders during the 1960s, Watergate, the Iran/Contra affair, the exposure of CIA drug-running during wars in Southeast Asia and Central America. … continue
Aletho News Original Content
Three Mile Island, Global Warming and the CIA
By Aletho News | January 9, 2012
This article will examine some of the connections between the US and UK National Security apparatus and the appearance of the anthropogenic global warming (AGW) theory beginning after the accident at Three Mile Island. … continue
~
Also by Aletho News:
March 8, 2011
Investment bankers salivate over North Africa
February 25, 2010
Look out for the nuclear bomb coming with your electric bill
February 7, 2010
The saturated fat scam: What’s the real story?
December 26, 2009
Mining the soil: Biomass, the unsustainable energy source
December 4, 2009
There’s more to climate fraud than just tax hikes
About Aletho News’ Name
Blog Roll
Visits Since December 2009
- 3,231,200 hits
Follow Aletho News on Twitter
My TweetsLooking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Militarism Nuclear Power Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
9/11 Afghanistan Africa AIPAC al-Qaeda Argentina BBC Benjamin Netanyahu Brazil Canada Central Intelligence Agency China CIA CNN Colombia Da’esh Donald Trump Egypt European Union Facebook FBI France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Honduras Human rights India International Solidarity Movement Iran Iraq Iraq War ISIL ISIS Israel Israeli settlement Japan Jeremy Corbyn Jerusalem John Kerry Latin America Lebanon Libya Middle East Military National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Press TV Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey UK Ukraine United Nations United States USA Venezuela Washington Post West Bank Yemen ZionismLatest Comments
tsisageya on Douma: Part 2 – ‘I… tsisageya on Douma: Part 2 – ‘I… tsisageya on Syria Supports Hungary’s… tsisageya on Blocked By Facebook and the Vu… tsisageya on Syria Supports Hungary’s… tsisageya on Blocked By Facebook and the Vu… tsisageya on Blocked By Facebook and the Vu… tsisageya on Man who toppled Jewish gravest… Brian Harry, Austral… on How False Flag Operations Are… Brian Harry, Austral… on The idea of replacing the US c… Brian Harry, Austral… on Qatari 9/11 suspect says he wa… Brian Harry, Austral… on I Predict: The CIA’s JFK Cover… Leland Rpth on Blocked By Facebook and the Vu… Leland Rpth on Qatari 9/11 suspect says he wa… M Rivera on Blocked By Facebook and the Vu…
Aletho News
- Russia ‘won’t allow’ another US military action in Syria based on false flag – OPCW envoy April 27, 2018
- US Authorities Combing Through Residence of Russian Consul General in Seattle April 27, 2018
- Douma: Part 2 – ‘It Just Doesn’t Ring True’ April 27, 2018
- Syria Supports Hungary’s Policies on Migration, Middle East – MFA Source April 26, 2018
- Man who toppled Jewish gravestones says he wasn’t motivated by antisemitism April 26, 2018
- The idea of replacing the US contingent in Syria with Saudi troops is doomed to failure April 26, 2018
- Never Let Anyone Call You Crazy For Doubting Establishment War Narratives April 26, 2018
- Qatari 9/11 suspect says he was tortured on US soil April 26, 2018
- Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens April 26, 2018
- Blocked By Facebook and the Vulnerability of New Media April 26, 2018
- The League of Assad-Loving Conspiracy Theorists April 26, 2018
- Whether it’s Russiagate, Skripal or Syria, the Media Have Lost Their Grip on Reality April 26, 2018
- How False Flag Operations Are Carried Out Today April 26, 2018
- I Predict: The CIA’s JFK Cover-Up Will Continue Tomorrow April 26, 2018
- Landmark bill restricting criticism of Israel sneaks through South Carolina Senate April 26, 2018
- US violating intl law by breaking into Russian consulate in Seattle – embassy April 26, 2018
- US authorities break into closed Russian consulate residence in Seattle April 26, 2018
- Second Palestinian journalist dies covering Gaza marches April 25, 2018
If Americans Knew
OffGuardian
- Is False-Flag Attack On US Navy Ship Next? April 27, 2018
- What was the success-rate of the April 14th missiles against Syria? April 26, 2018
- “When Israelis murder Palestinians, it’s a tragedy — for Israelis.” April 26, 2018
- Diagnosing the West with Sadistic Personality Disorder (SPD) April 25, 2018
Gilad Atzmon
- This video was too embarrassing for Israel April 26, 2018
- Corbyn Prevailed April 25, 2018
- Easy Talk with Lavrov April 25, 2018
More Links
Contact:
atheonews (at) gmail.comdisclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word "alleged" is deemed to occur before the word "fraud." Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.
Just what you would expect from those filthy murderers.
When a person is murdered for their politics, aimed at effecting other political action, with intent to effect historical development; it is an ASSASSINATION.
Martin Luther King Jr, was assassinated. He did not die of cancer, but shot to death to prevent him from uniting the US Civil Rights Movement with the Anti-War Movement at the upcoming National Democratic Convention in Chicago that summer.
There you have the motive and consequences. It worked, that unity never took place, over his dead body. MLK’s assassination effected history, it set it backwards, extended the Indochina War 7 more years. Exactly what the illegal power elite in positions of power conspired to do and did with impunity.
Words matter, and therefore, when a life it taken for political reasons, it is an assassination, especially if it effects or is meant to effect, the political actions of others.
Obama is an assassin, Clinton is an assassin, Panetta is an assassin, and so are the Members of Congress who voted for the National Defense Authorization Act (NDAA) for FY 2012, which unconstitutionally contains article 2021 stating that the president can order anyone abducted, tortured, and/or assassinated if put on list by who-knows-whom, and he merely gleefully signs or initials it.
Therefore, think of the people ‘killed’ on 9/11 as assassinated. For it was a political act, to effect history, and certainly has. Likewise, the Rachel Corrie was most definitely assassinated, as was BTW the crewmen on the USS Liberty assassinated by Israel too.
And as we now know, there was a criminal conspiracy by the Joints Chiefs of Staff of the US Armed Forces to assassinate astronaut John Glenn as he rode a rocket into space, and blame Cuba for electronic sabotage. That plan is known as Operation Northwoods, it is online, and published in James Bamford’s ‘Body of Secrets’ published in 2001, and having read it a week before 9/11, I knew in real time that 9/11 was an updated rewrite of Operation Northwoods.
http://rense.com/general95/murderofrachel.html
The Murder Of Rachel Corrie And
The Israeli Court Coverup
From Anthony Lawson
8-31-12
The Murder Of Rachel Corrie & The Israeli Court Coverup
Sorry, I don’t intend to read what you say because you talk about a coverup. There is no coverup because the Jews blatantly said it was OK to murder a young woman. A young woman who had hope for a peaceful world. May I add “A peaceful world without Jew Warmongers”? (Me speaking). I’m sure you are well meaning but blatant Jew shit is not a coverup, it is what it is.