Dr. Hatem Kanaaneh reports on closing session of Rachel Corrie trial in Haifa

Dr. Hatem Kanaaneh, a retired doctor in the Galilee who blogs brilliantly here, covered this week the closing session in the year-long trial of the suit for wrongful death brought by the parents of Rachel Corrie, who was crushed to death while trying to stop an Israeli military D-9 bulldozer from razing Palestinian houses in Gaza in 2003.

Kanaaneh wrote that the trial’s final session heard the testimony of Colonel Pinhas Zuaretz, “better known by his nickname, Pinky, [who] was the commanding officer of the Gaza Division’s Southern Brigade at the time”.

Here is an extended excerpt of Kanaaneh’s report:

Col. Zuaretz’s “body language and his automatic assumption of priority in communicating with the judge [Judge Gershon], whose ruddy complexion suggested another longish repose on some tropical seaside, did little to reassure me. But [Corrie family lawyer] Husain Abu-Husain proceeded right away to tangle with the man and to try to cut him down to size … Would he commit to the principle of protecting human life? To this last one Colonel Pinky acquiesced begrudgingly after stressing his first allegiance to protecting the life of his soldiers. And was he still convinced of his conclusion after his rushed investigation of the case of the late Rachel Corrie only hours after his soldiers’ D-9R Caterpillars had crushed her to death that their conduct was flawless? To this he responded in the positive stating that Rachel had died through her own carelessness and willful interference on the side of the terrorists who had sent her to disrupt the soldiers’ orderly carrying out of their duty of leveling an area … In Colonel Pinky’s logic there seemed to be no place for doubt: things were either white or black. What he repeatedly asserted was that the whole area was a war zone and anyone present in it was as good as dead, “ben mavit — mortal” by definition. Rachel was on the side of the enemy and her death should have been a forgone conclusion. How could someone miss such simple logic? Pinky shook his head repeatedly in exasperation at the unbelievable stupidity of his doubters. And his soldiers were performing their duties in a war zone. That included the killing of enemy combatants or of their supporters and messengers, he seemed to imply. And yet his soldiers acted in a humane manner. They tried to give first aid to the accidentally injured woman. Pinky emphasized this ‘humane gesture’ that his soldiers extended to another victim whom they had shot dead as well … Indeed this was beyond the call of duty …”

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Israeli lawyer Michael Sfard tells Turkel Commission that Israel must establish extra-military mechanism to investigate observance of international law

Israeli lawyer Michael Sfard (Yesh Din) told the Turkel Commission at a hearing in Jerusalem today that “conducting an investigation is not tantamount to punishment”.

The Turkel Commission is investigating the “maritime incident” of 31 May 2010, when Israeli Naval commandos intercepted Freedom Flotilla heading to the Gaza Strip and boarded the largest ship in the flotilla, the Mavi Marmara, killing eight men (one a 19-year-old Turkish-American high school student) in the process.

Sfard, who is among other things the legal adviser for Yesh Din, advised the Turkel Commission that Israel must establish an extra-military mechanism to verify if the IDF + its advisers follow international law.

It was the second time, in months of intermittant hearings, that Israeli human rights organizations have addressed the panel.

The Turkel Commission was expected to conclude its work in November 2010, but it only issued the first part of its report on 23 January, which can be read online here.

Arguments made in Sfard’s testimony to the Turkel Commission, according to an English-language summary, state that:
“Since the Al-Aqsa Intifada, a Military Police Criminal Investigation Division (MPCID) investigation is not opened in every case in which a Palestinian civilian is injured during military operations in the occupied territories, but rather is permitted to conduct a ‘command inquiry’ after which a decision will be made regarding whether to open an investigation.

Yesh Din’s Position is that:
1. A command inquiry, as the name suggests, is intended to draw operational lessons and is not a tool designed to collect evidence or to establish personal responsibility. Those who conduct the inquiry are not investigators but rather commanders and they do not possess appropriate training; what is said in the course of the inquiry is not admissible in court; the inquiry is confidential; and
for the most part accounts by those other than soldiers and officers are not heard.

2. The inquiry presents a significant and grave obstacle to the ability to conduct effective criminal investigations of shooting incidents in which Palestinian civilians have been injured. This is a violation of the obligation to investigate”.

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