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Israel-Palestine-Jordan
U.N. Calls Israel Rachel Corrie Verdict
2012-08-31
A U.N. official Thursday condemned an Israeli court finding that cleared the army of any blame for the death of U.S. peace activist Rachel Corrie as "a defeat for justice and accountability."

Richard Falk, United Nations
...an idea whose time has gone...
 special rapper rapporteur on human rights
...which often include carefully measured allowances of freedom at the convenience of the state...
 in the Israeli-occupied Paleostinian territories, also called Tuesday's decision in a civil case brought by Corrie's family "a victory for common sense impunity for the Israeli military."

Corrie, 23, was killed by an army bulldozer in Rafah, in the southern Gazoo Strip, in March 2003 as she and other activists were trying to prevent troops demolishing a house.

Judge Oded Gershon at the District Court in the northern Israeli city of Haifa said her death was the result of "an accident she brought upon herself", and there was no negligence on the part of the bulldozer driver.

"The dear departed put herself into a dangerous situation, she stood in front of a giant bulldozer in a place where the operator could not see her. She did not distance herself as a reasonable person would have done," he said.
The whole point of her little exercise was to be unreasonable and force the Israelis to be responsible for her well-being...
The verdict echoed the findings of an internal investigation by the Israeli military in 2003 which was concluded just four weeks after her death and cleared troops of any responsibility, saying the bulldozer crew did not see Corrie.

Falk, a bete noire for Israeli authorities, said, "The court ignored the testimony of several eyewitnesses that, while non-violently protesting the demolition, Corrie was in the direct line of vision of the bulldozer driver and was wearing a bright florescent orange vest that made her clearly visible at the time of her gruesome death."
Visible to others. The point of an armored dozer, Mr. Falk, is that it can't be penetrated easily. The flip-side (as it were) is that you can't easily see out of the darned thing.

But again, read his statement: she was wearing an orange vest and was 'visible'; therefore it was up to the Israeli driver not to run over her even though she was interfering with his work. In other words, the Israelis were supposed to stop what they were doing, which is what the solidarity types wanted. In other words, the Israelis were just supposed to give in, pack up and go home.
"The judge ruled that there were no grounds for imposing any penalty on Israel, exonerating both military and political officials, from those on the ground in Gazoo driving the bulldozers and commanding the troops, to the highest levels of decision-making.

"In so doing, Judge Gershon seemed to endorse the view of a reportedly high-ranking officer who told the court that there are 'no civilians in war.'

"Such a shocking rationale flies directly in the face of the Geneva Conventions, which impose on an occupying power an unconditional obligation to protect the civilian population.
So long as the civilian population meets its obligations, which is to stay out of the way and not interfere with the occupying power.
"Additionally .... a humanitarian aid worker such as Rachel Corrie
'Agitator' does not equate to 'humanitarian aid worker'...
is specifically entitled to protection by occupying forces, and the house demolition itself seemed an unlawful encroachment on Article 147, which prohibits targeting civilian property, in this case a home belonging to a civilian pharmacist, his wife and children."
Who allowed a tunnel entrance to be built inside the house. They never seem to mention that. That makes the 'pharmacist' a collaborator with the enemy; such people are not entitled to protection. The Israelis would have been justified shooting the pharmacist; that they didn't shows their restraint and humanity.
It was "a sad outcome" both for the Corrie family and "for the rule of law and the hope that an Israeli court would place limits on the violence of the state, particularly in relation to innocent and unarmed civilians in an occupied territory."

Falk charged that Israeli governmental institutions had "consistently embraced impunity and non-accountability in responding to well-documented violations of international humanitarian law and in many cases Israel's own criminal law."

He cited as previous instances Israel's investigations of the killing of Paleostinian civilians during the assault on Gazoo in 2009 and the deadly boarding of a Turkish aid flotilla to Gazoo by Israeli commandos in 2010.

"The Corrie family has announced their intention to appeal this verdict to the Israel Supreme Court. But it becomes a mockery of justice to leave their application to the partisan mercies of the Israeli judicial system," Falk said.
Better to leave it to Carla del Ponte...
Posted by:Fred

#3  Dick Falk needs a good beating
Posted by: Frank G   2012-08-31 16:27  

#2  Nothing from the UN on the recent Lonmin mine massacre of miners, who were all black by the way.
Posted by: Besoeker   2012-08-31 06:44  

#1  This case will stack up in the history of Israeli jurisprudence as the Pancake Decision.
Posted by: Alaska Paul   2012-08-31 02:52  

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