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In Rachel Corrie verdict, Israel deals new blow to international law PDF Print E-mail
Aug 28, 2012 at 04:14 PM
The verdict on the 2003 killing of Rachel Corrie absolved Israel of any wrongdoing, essentially blaming the victim for her death. The trial revealed Israel’s approach to the most fundamental principles of international law, and especially to the duty to protect non-combatants.

By Jeff Halper

For those who hoped for a just verdict on the death of Rachel Corrie, the American student and ISM activist killed by an Israeli bulldozer in Gaza in 2003 as she was defending a Palestinian home about to be demolished, this is a sad day. Not surprising, but still sad and bitter. The judge who decided the case, Oded Gershon, absolved the army of all blame, despite massive and internally contradictory testimony to the contrary. Moreover, he essentially blamed Rachel for her own death, commenting that a “normal person” would have run away from the bulldozer rather than confront it.

Palestinians and Israel human rights activists have learned that justice cannot be obtained through the Israeli judicial system. The Haifa District Court, in which the trial was held, could not have ruled other than how the state wanted. For the past 45 years of Israeli occupation, the Supreme Court has excluded from its rulings all reference to international humanitarian law and to the Fourth Geneva Convention in particular, which protects civilians living in conflict situations and under occupation. Only Israeli law applies in the Occupied Palestinian Territories – military law and orders – and the courts have restricted even that form of law by declaring that in instances of “security,” they defer to the military. As in Rachel’s case, the IDF thus has carte blanche to commit war crimes with impunity, with no fear of accountability or punishment.

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Rachel Corrie verdict exposes Israeli military mindset
Corrie's parents have not received justice, but their quest reveals the lie of the IDF's claim to be the world's 'most moral army'
Rachel Corrie's family – father Craig, mother Cindy and sister Sarah Corrie Simpson – at the Haifa district court where a judge ruled that Israel did not intentionally kill the pro-Palestinian activist in 2003. Photograph: Oliver Weiken/EPA

Reporters covering Israel are routinely confronted with the question: why not call Hamas a terrorist organisation? It's a fair point. How else to describe blowing up families on buses but terrorism?

But the difficulty lies in what then to call the Israeli army when it, too, at particular times and places, has used indiscriminate killing and terror as a means of breaking Palestinian civilians. One of those places was Rafah, in the southern tip of the Gaza strip, where Rachel Corrie was crushed by a military bulldozer nine years ago as she tried to stop the Israeli army going about its routine destruction of Palestinian homes.

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