WhatFinger

Judge Oded Garson rules it a "tragic accident."

Israeli Military Absolved in the Death of Activist Rachel Corrie


By Arnold Ahlert ——--August 31, 2012

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On Tuesday, the Haifa District Court rejected the long-promoted allegations that the state of Israel was at fault for the crushing of pro-Palestinian "peace" activist Rachel Corrie. The civil verdict in this case mirrors the conclusion reached by an Israeli military investigation that had previously cleared the army of any wrong-doing in the matter. Judge Oded Garson characterized Corrie's death as a "regrettable accident," and deemed that the state was not responsible because it occurred during a wartime situation. "I reject the suit," said Garson. "There is no justification to demand the state pay any damages." The lawsuit had been filed by Corrie's parents, Craig and Cindy.
Corrie was crushed by a bulldozer during a 2003 demonstration during which she acted as a "human shield," trying to prevent the demolition of Palestinian homes used to facilitate thousands of terror attacks against soldiers and civilians in the Gaza Strip in the preceding three-and-a-half years. Many of the destroyed homes contained tunnels used as conduits for weapons, or were the residences of Palestinian suicide bombers responsible for slaughtering innumerable civilians. On the day Corrie died, she and other activists had entered a closed military zone. In rejecting the suit, Judge Garson contended that Israeli soldiers had done everything the could to keep people away from the site. He pointed to three entry bans, further noting that the Philadephi route used by the protesters was effectively a war zone formally declared closed by the military. He also noted that the United States had issued a travel advisory warning Americans to avoid both Gaza and the West Bank.

As a result the Garson reached an obvious conclusion. "She (Corrie) did not distance herself from the area, as any thinking person would have done," he said. Garson also rejected the part of the suit claiming negligence by bulldozer driver, whom Corrie's parents contended had acted recklessly. Garson reached the same conclusion that investigations conducted by the Israeli state prosecutor's office did: the driver had limited vision, and couldn't see the activist attempting to block his path. Garson took it one step further, noting that unlike the driver, Corrie herself could see everything. "She consciously put herself in harm's way," he concluded. Garson also directed some choice comments at the International Solidarity Movement (ISM), the pro-Palestinian organization that Corrie had traveled from her hometown in Olympia, WA, to join. He noted that the ISM "abuses the human rights discourse to blur its actions which are de facto violence," and specialized in disrupting the activity of the Israeli Defense forces (IDF). "This included an army of activists serving as 'human shields' for terrorists wanted by Israeli security forces, financial and logistical aid to Palestinians including terrorists and their families, and disruption of the sealing of suicide bombers' houses," Garson contended. Corrie's family, who had flown in the from the states for the verdict, was deeply disappointed by the Judges' rejection of the symbolic one dollar they had sought in damages and legal expenses, despite claims that they have spent $200,000 to fly in witnesses, attend 15 hearings and translate more than 2,000 pages of court transcripts. "We are of course, deeply saddened and deeply troubled by what we heard today," said Rachel Corrie's mother, Cindy. "I believe this was a bad day. Not only for our family but for human rights, the rule of law, and also for the country of Israel." The family's lawyer, Hussein Abu Hussein, was equally upset. "While not surprising, this verdict is yet another example of where impunity has prevailed over accountability and fairness," he said. "Rachel Corrie was killed while non-violently protesting home demolitions and injustice in Gaza, and today, this court has given its stamp of approval to flawed and illegal practices that failed to protect civilian life." He pointed to a picture, held by Corrie's sister Sarah, of Rachel lying lifeless on the ground. "How did the bulldozer not see her?" he asked. To say that the driver did not see her "is lies to the living and also lies to the dead," he contended. The Israeli state prosecutor's office, calling Corrie's death "tragic accident," disputed that assessment. After noting the court had exonerated the military for any blame in the accident, it further noted that it had presented three investigations that found the driver could not have seen Corrie, and noted that the driver acted in "a military action in the course of war." The family said it will appeal the verdict to the Israeli Supreme Court. Cindy Corrie said “she wants to gain more insight into the thinking of the Israeli commanders who would give out such orders.” This latest decision is unlikely to dispel the mythology that surrounds Rachel Corrie, carefully cultivated by Palestinian activists who have turned her into a martyr for their cause. On March 16th, the anniversary of Corrie's death, YNet's Giulio Meotti explained that the "Corrie myth has been one of the most powerful tools in the anti-Israel propaganda campaign," further noting that her saint-like biography "has been exploited by anti-Semites all over the world" and "helped to denigrate the State of Israel and its people for their simple desire to stay alive." Meotti then delivered a devastating dose of perspective to the professional hand-wringers. "For Western media, NGOs, legal forums, the United Nations, some churches and ordinary public opinion it was very easy to mythicize the American girl and forget the Israeli Rachels: Rachel Teller, blown up in a shopping mall; Rachel Levy, blown up in a grocery store; Rachel Levi, shot while waiting for the bus; Rachel Gavish, killed with her husband, son and father while celebrating a Passover meal; Rachel Shabo, murdered with her three sons aged 5, 13 and 16 while at home." Some of those who would forget dead Jews have an obvious agenda. Thus, it is completely unsurprising that activists determined to break the Israeli naval blockade of Gaza named one of the ships in its flotilla the Rachel Corrie. Teheran's municipal council has decided to name a street after her as well, marking the first time an Iranian street has been named after an American since the Islamic Revolution in 1979. Furthermore, Rachel Corrie was hardly alone in being exploited by the ISM. As the Jewish Press's Lori Lowenthal Marcus reveals, several other women were encouraged to confront the IDF, even though they were risking their lives in the process. In April 2002, Australian Kate Edwards was wounded in Beit Jala near Jerusalem, when she marched on IDF forces who were trying to protect the neighborhood of Gilo from Palestinians who firing at Jews. Irish ISM member Caomhe Butterly who served as a human shield in Yasir Arafat's compound in Ramallah during the intifada, was wounded during an IDF operation in Jenin in November 2002. (One of her admirers described how Butterly "would walk up to a tank and place her hand over the muzzle.") Maltese national Bianca Zammit was shot in the thigh when she charged the security fence between Gaza and Israel in April of 2010 with her Palestinian comrades. And apparently Rachel Corrie herself was well aware of her own usefulness as a propaganda tool, writing a letter to her mother about the "difficulties the Israeli Army would face if they shot an unarmed U.S. citizen." The difficulties faced by Israel itself are far more serious. It remains the only nation in the world expected to continually apologize for defending its right to exist, even as those who are determined to destroy it have never been held to the same standard. In 2005, two years after Corrie's death, the Gaza Strip itself was given to the Palestinians. Israel's reward for doing so? Thousands of missiles fired into Israeli towns, wounding and killing scores of innocent civilians ever since. That is the real legacy left behind by those willing to be exploited by the ISM. Islamic terrorists are always on the lookout for those willing to martyr themselves for the cause. Corrie's death is a testament to the bankruptcy of an ideology that needs a continuous supply of useful idiots in order to prosper. The real tragedy here is the inability of her family--along with countless others--to recognize the genuine culprits responsible for Rachel's untimely demise.

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Arnold Ahlert——

Arnold Ahlert was an op-ed columist with the NY Post for eight years.


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