Three Preservations on The Corrie Verdict

This week the Haifa District Court rejected the Corrie family’s appeal to the state of Israel for its responsibility in the death of their daughter, Rachel. She was killed in 2003 by an IDF bulldozer in the Rafah area of the Gaza strip. International and local media have covered the ruling extensively. Their focus has brought back to the surface issues of human rights violations in the Palestinian Occupied Territories (OPT).

From a human rights perspective, this verdict highlighted three major issues. These are not restricted to the specific case of Rachel Corrie, but also display the low status that international law and principles of human rights have in the Israeli Political and legal institutions.

The first, Judge Oded Gershon opened his verdict with an attack on the International Solidarity Movement (ISM), of which Rachel Corrie was a member. Members of the ISM travel to the OPT, where they attempt to prevent human rights violations using their physical presence. The ISM ethos dictates that a civilian and non-violent presence will, first of all, provide an eyewitness, and second, that the physical presence of their members will prevent the violation from occurring in the first place. The verdict stated, “The ISM provided physical, logistical, and moral support to the Palestinians, including the terrorists and their families.” Furthermore it said, “This movement manipulates human rights and moral standards to cover their violent actions.” By condemning the ISM in this manner, the Israeli legal system joins the effort to demonize this international, peaceful presence. This effort is part of broader campaign which validates and legitimizes the attacks on, and even the killings of activists (such as Tom Hurndall and James Miller) who are seen by this verdict as “members of a terrorist organization” or “supporting terrorists.”

The second issue was two major absences from the verdict. It made absolutely no reference to international law, human rights conventions, or universal values. This absence is not an accident; neither is it a result of Gershon’s personal views. Rather, it is a manifestation of the political, military, and legal culture that dominates all Israeli institutions. The prevailing majority belief is that international law does not apply to Israel and its activities in the OPT. The verdict displays that universal values do not constitute a credible reference for the Israeli legal system.

The other absence was sympathy towards the Corrie family. They had dutifully attended every hearing of the case and deserved human and moral consideration for the loss of their daughter. The verdict essentially said to the family bluntly that their daughter was a part of an organization that “supports terrorists” and that by entering a “military area” she took full responsibility for her own death.

The third issue brought up by the verdict is a re-emphasis of a decades-old attitude that has prevailed in the Israeli courts. The courts enforce no accountability for the army and they maintain impunity for Israel’s security and military infrastructure. The army operates without fear of consequence for their crimes and human rights violations. The verdict not only provided legal legitimization for the actions under review, but also understanding for conspicuous efforts undertaken to destroy evidence. There were audio cassettes recorded during the autopsy, but Judge Gershon accepted the state explanation which claimed, “The tapes simply do not exist anymore because of financial problems at the Institute of Forensic Medicine.” The fact that evidence from this important trial could be lost to simple malpractice calls into question the priorities of the Institute. All tapes that contain critical information for ongoing legal proceedings should be exempt from the apparently strict recycling policies.

Finally, by observing these three issues in tandem, the verdict has failed to accomplish the goals of its underlying motive. The attempt to criminalize the ISM failed to prevent solidarity. In fact, solidarity increased despite the killing. Also, in failing to perform its sole function of providing justice, the Israeli legal system has created the necessity for appeal in international forums where there is no statute of limitation on war crimes.

To the Corrie family your nine year struggle to follow the case has been an inspiration to the Palestinians and people around the world striving for justice and defending human rights. The efforts to silence your voices and deny you justice will only galvanize your supporters, inciting greater efforts to the cause your daughter stood and died for.

Rate the article
Bad	1	2	3	4	5	6	7	8	9	10	Very good
Result : 28%							Participated in the vote : 5