Racism Is Off Topic in NYT Profile of Justice Minister
By Barbara Erickson | TimesWarp | May 16, 2015
Ayelet Shaked, justice minister in the new Israeli government, gets a pass today in a “Saturday Profile” by Jodi Rudoren. Although Shaked is noted for her extremist rightwing views, it seems she faced no challenges in her interview with The New York Times Jerusalem bureau chief. The story we find here is all about style and personality.
Rudoren makes a quick run through some of the most disturbing elements of Shaked’s agenda, noting that she favors annexing most of the West Bank, deporting African asylum seekers, limiting the power of the Supreme Court, punishing Israeli groups that criticize the occupation and creating laws that enshrine the rights of Jews over other groups.
There is no discussion of what this means for the future of Israelis and Palestinians apparently no attempt to engage the new justice minister over these issues. We learn that Shaked has drawn heated criticism (some of it sexist) and that she is “the most contentious appointment” in the new government, but we get no deeper look into her motivations.
Only one of her critics, the Palestinian legislator Hanan Ashrawi, is identified by name in the article. She is quoted briefly as saying that Shaked’s appointment is a “threat to peace and security” and “generates a culture of hate and lawlessness,” but Rudoren fails to examine the factors that inspire these fears.
Instead, the focus here is on Shaked’s reaction. We learn that she responded to the criticism that accompanied her appointment with a “this-too-shall-pass shrug,” a characteristic attitude according to those close to her. They have called her a “robot” and “the computer,” because she is not given to emotion. Her style is analytical and methodical, Rudoren tells us, and she is “disciplined” and “a doer.”
We also learn that Shaked studied ballet as a child, joined the Scouts and did well in math. In the same paragraph, as if this were one more dab of color in her resume, Rudoren informs us that Shaked served as an instructor in the Israeli army’s Golani Brigade in Hebron and “grew close to the religious Zionist settlers.” Her experience there “cemented her stance on the right.”
This bit of information calls for more discussion. Hebron settlers are noted for their violence against the indigenous Palestinians, and it would serve readers well to know why Shaked identified with them so closely.
Shaked is a member of the extremist Jewish Home party that opposes any kind of autonomy for Palestinians. One of its members is the racist rabbi Eli Ben Dahan, who has said that Palestinians “are beasts; they are not human” and that “a Jew always has a much higher soul than a gentile even if he is a homosexual.” (Rabbi Dahan has been named as head of the Civil Administration, the Israeli army agency in charge of the West Bank.)
This is the company that Shaked keeps, but the extremism of her party is off topic in this article. Although we get hints of her ultraconservative stance in the story, Rudoren skips over these clues quickly, preferring to dwell on style and trivia.
Rudoren should be asking what Shaked’s appointment means for Palestinians in the occupied West Bank and Gaza and what it means for dissident Palestinians and Jews in Israel, but this not in her sights. Her aim here, it seems, is to conceal the grim reality of Israel’s racist government, to make light of an ominous turn in Israeli society.
UN officials urge Israel to halt Bedouin ‘transfer’ plans
MEMO | May 20, 2015
Senior UN officials have urged the Israeli government to “halt plans to transfer Palestinian Bedouins” in the central West Bank.
In a joint press release Wednesday, the Humanitarian Coordinator for the occupied Palestinian territory, James W. Rawley, and the Director of UNRWA Operations West Bank, Felipe Sanchez, expressed their “grave concern” about the proposed expulsions.
According to Rawley, “Israeli practices in Area C, including a marked increase of demolitions and confiscations of donor-funded structures in the first quarter of 2015, have compounded an already untenable situation for Bedouin communities.”
46 Palestinian Bedouin communities – some 7,000 people – are slated for transfer to three proposed “relocation” sites. In March, the UN Secretary-General expressed concern that the plans “may also be connected with settlement expansion”, and noted that “forcible transfer” is “a grave breach of the Fourth Geneva Convention.”
The UN agencies contextualise the threatened expulsions with a “backdrop of a discriminatory zoning and planning regime that facilitates the development of illegal Israeli settlements at the expense of Palestinians, for whom it is almost impossible to obtain permits for construction.”
Sanchez warned that “we are fast approaching the point of irreparable damage.”
As occupying power, Israel is obligated to ensure the wellbeing of these communities and to respect international law. I strongly urge the Israeli authorities to halt all plans and practices that will directly or indirectly lead to the forcible transfer of the Bedouin and call on the international community to support the Bedouins’ wish to remain where they are, pending their return to the Negev, and prevent this transfer from occurring.
Israeli Military Police Criminal Investigations Division “Smother Investigation For Years”
MPCID and the Military Prosecution refuse to do the bare minimum required in the investigation of the death of a protester: find out where the shooters stood
By Yossi Gurvitz | Yesh Din | May 18, 2015
This blog has dealt more than once with cases in which MPCID negligence and intentional delaying seemed so exceptional, that you had to wonder whether they involved negligence or a calculated attempt to disrupt the investigation. The case before us, that of Palestinian protester Bassem Abu Rahmeh, moves in the same trajectory.
The Abu Rahmeh case, discussed here previously, is really quite simple. On April 17th, 2009, Abu Rahmeh protested near the separation wall in his village, Bil’in, in the West Bank. (We note that at the time, the wall followed a route that in 2007 the HCJ ruled to change, but the IDF was in no hurry and changed it only in 2011.) Abu Rahmeh was unarmed, and did not employ any violence, and yet, at the moment he protested the security forces shooting another demonstrator, an Israeli security forces personnel in uniform fired an extended-range tear gas grenade (a grenade used to disperse demonstrators from a distance) directly at him. The grenade hit Abu Rahmeh in the chest, and quickly led to his death.
Note and this is important: these facts are not being disputed. Even so, six years and counting after Abu Rahmeh’s death, the IDF – through MPCID and the Military Prosecution – is still doing its best to avoid trying the man who shot him. To quote the appeal we submitted to the HCJ with B’Tselem in April 2015, “From the chain of events, it is evident that this is (at best) a case of severe negligence on part of the respondents, and contempt of a most severe case of killing an unarmed protester, who was protesting peacefully. Military and civil law enforcement entities have allowed the case of a killing of an innocent man to fall through the cracks time and again, requiring the court to intervene repeatedly… Abu Rahmeh was killed by IDF soldiers who – at best – shot him negligently, and the investigation of the responsibility for his death was smothered for years by the investigative and prosecutorial bodies’ inexcusable red-tape behavior”.
Here is the chain of events, in chronological order:
17.4.2009 – An Israeli security forces personnel in uniform shoots Abu Rahmeh. The shooting is documented by three separate video cameras.
Due to the investigation policy at the time – which was changed only in 2011 – MPCID does not automatically investigate in case of death, unless explicitly ordered to by the Military Prosecution. The latter refuses to order an investigation of this case.
28.3.10 – Ten months after Abu Rahmeh’s death, the Military Prosecution provides an unusual argument for its refusal to order an MPCID investigation: the possibility that the grenade hit the fence and then ricocheted at Abu Rahmeh; the chance that the fact that Abu Rahmeh was standing on a rock when he was shot caused him “to converge” with the grenade’s course.
A reasonable person might think this is precisely what an investigation is supposed to find, since an unarmed demonstrator was shot during a non-violent demonstration, but apparently reasonable persons need not apply for work at the Military Prosecution.
3.6.10 – In response to the Military Prosecution’s peculiar statement, human rights organizations Yesh Din and B’Tselem do their work for them, and send the prosecution an expert opinion based on forensic architecture. As noted, Abu Rahmeh’s death was documented by three separate cameras, and the experts used the three videos to build a simulation showing where the shooter stood. According to this expert opinion, we don’t know the shooter’s identity, but we know where he was standing.
11.7.10 – Based on the expert opinion – new evidence obtained 15 months after the shooting – the Prosecution orders an MPCID investigation.
28.6.11 – Nearly a year after an MPCID investigation it initiated and 26 months after the killing, the Chief of the IDF Ballistics Department informs MPCID that “the only way such ordnance reached the target is if it was fired directly”, rather than above or below the target. That is, MPCID’s expert contradicts the Military Prosecution’s position from March 2010. We learned this bit only after the investigation was closed.
3.2.13 – Chief of the IDF’s Photo Reconnaissance Department informs MPCID that IDF orders forbid shooting directly at persons with this ordnance, and recommends the MPCID reconstruct the scene to establish where each of the shooters stood at the time of the shooting. MPCID refrained from conducting this elementary investigation. The Chief’s opinion came almost four years after the killing of Abu Rahmeh and almost 20 months after the Chief of the IDF’s Ballistics Department rules that the tear gas canister was indisputably fired directly at Abu Rahmeh.
3.3.13 – Some three years after the beginning of the MPCID investigation, we petition (with B’Tselem) the HCJ, demanding the Military Prosecution conclude the unending investigation and serve indictments – at the very least for negligent manslaughter.
September 2013 – The Military Prosecution closes the investigation, claiming it is unable to determine who shot Abu Rahmeh.
29.10.13 – Given the Prosecution’s decision to close the case, the HCJ rules that our petition is no longer relevant, but rules that “we are of the opinion that if there is an appeal, it must be dealt with speedily, so as not to delay proceedings further”.
4.11.13 – We request the investigative materials for preparation of an appeal.
27.3.14 – Five months pass before we receive part of the materials – not all of it.
7.4.14 – We request the missing material. Ten days before the fifth anniversary of Abu Rahmeh’s death.
27.5.14 – The missing material arrives.
24.7.14 – We appeal, with B’Tselem, including an expert opinion responding to the IDF’s opinion.
Our demands in the appeal were fairly simple: there are three suspects who admitted to firing extended-range tear gas grenades, and we wanted MPCID to carry out a complimentary investigation and implement the Chief of the Photo Reconnaissance Department’s recommendation to reconstruct the scene of the shooting to determine where each suspect stood. According to the data we gave MPCID, this would be enough to determine the identity of the shooter who killed Bassem Abu Rahmeh.
Furthermore, during the investigation of one of the three soldiers, he said that he not only fired tear gas grenade but he also took photos of the incident, and since MPCID did not bother to locate those photos, we wanted them to make an effort to. Let’s consider this for a moment: the Military Police’s Criminal Investigative Division heard, during an investigation of a killing, about the existence of evidence – and made no effort to obtain it.
A third point made in the appeal is the commanders’ responsibility for Abu Rahmeh’s death. An extended-range gas grenade is to be used at range of 200 meters or more; the demonstrators were much closer. From the investigation files we received we learned that most of the soldiers suspected of firing tear gas grenades during the demonstration complained during the investigation that they did not receive proper training on using the weapons they used, and furthermore, that they complained about this to their commanders previously. MPCID did not bother to investigate the commanders about this matter. Given that the investigation meandered on for more than three years, it’s will to be difficult to claim it was for lack of time.
Although the HCJ ordered that in the event of an appeal against the decision to close the case “it must be dealt with speedily,” and although our appeal included rather simple and clear demands, eight months have passed without any response from the prosecution.
Therefore, at the end of March, 2015 – nearly six years after Bassem Abu Rahmeh was killed – we were forced to petition the HCJ again, this time demanding a decision on the appeal.
During these six years, the Military Prosecution did its best not to investigate a relatively simple case of a man killed; six years in which human rights organizations had to provide the Prosecution with the evidence it itself did not bother to collect. During these six years, against the recommendation of IDF officers, MPCID did not reconstruct the scene of the crime to determine who stood where. In these six years, the IDF’s official investigative bodies did their negligent best to prevent the trial of a man who killed a non-violent protestor.
But when MPCID and the Prosecution carry out an investigation so unwillingly and so negligently it can barely be called an investigation, they put the soldiers at risk. To avoid a situation in which soldiers are tried outside their country, the investigation of the crime they carried out must be thorough and swift. No reasonable person would call the farce carried out by MPCID and the prosecution in the Abu Rahmeh case thorough or swift. If this is how they handle an investigation of a death, how do they investigate lesser offenses?
Israeli forces kill Palestinian after alleged attack, remove cameras
Omran Omar Abu Dheim, 41, from the Jabal al-Mukabbir neighborhood in occupied East Jerusalem
Ma’an – May 20, 2015
JERUSALEM – Israeli forces shot and killed a Palestinian man in the Al-Tur neighborhood on the Mount of Olives east of the Old City of Jerusalem after he allegedly attempted to run over border guard police officers with his vehicle.
Israeli police spokesman Micky Rosenfeld told Ma’an the man tried to run over two police officers with his car, leaving them moderately injured. Witnesses told Ma’an that Israeli officers then opened fire at a young man in a grey Land Cruiser at the main crossroads of Al-Tur, critically injuring him.
The Israeli forces sealed the area, preventing locals from accessing the injured young man to give him first aid. The young man succumbed to his wounds shortly after he was shot.
The forces reportedly fired stun grenades at those who attempted to access the man after he was shot, head of a local follow-up committee of Al-Tur, Mufid Abu Ghannam, told Ma’an.
Locals identified him as Omran Omar Abu Dheim, 41, from the Jabal Al-Mukabbir neighborhood in occupied East Jerusalem.
An eyewitness denied the Israeli claims that the driver was trying to run over Israeli border guard officers.
“He was trying to make a U-turn in the middle of the road,” the witness claimed.
Targeting witnesses
Israeli forces later raided several commercial stores in Al-Tur, confiscating surveillance cameras which held footage of the shooting of Abu Dheim by Israeli forces. Al-Tur committee head Abu Ghannam told Ma’an that Israeli forces, intelligence officers, and undercover officers were deployed in the neighborhood after the shooting and raided all shops near the scene of the crime. The officers confiscated all surveillance cameras “which documented the killing of Abu Dheim,” Abu Ghannam added. Abu Dheim’s vehicle was also confiscated. Palestinian shop owners have been targeted by Israeli forces in the past when private shop surveillance cameras capture incidents involving Israeli forces. The Israeli military ordered shop owner Fakher Zayed to dismantle his surveillance cameras after capturing footage of Israeli forces shooting and killing two Palestinian teenagers during a demonstration in May 2014. Zayed was interrogated, threatened and ordered to remove his security cameras in 24 hours, and had his ID withheld, Human Rights Watch reported at the time.
Abu Dheim’s death and alleged attack are currently under investigation, Israeli sources said.
Taking the Heat Off Israel: Why The NYT Obsesses Over Campus Debates
By Barbara Erickson | TimesWarp | May 11, 2015
Once again, The New York Times is taking up the issue of divestment debates on college campuses, subjecting readers to yet another discussion of anti-Semitism, anti-Zionism and how the boycott movement affects student feelings.
For the third time in as many months, the Times has published a prominently displayed article on the subject. The latest is titled “Campus Debates on Israel Drive a Wedge Between Jews and Minorities;” it appears on page 1 of the print edition and notes that many minority organizations are now supporting Palestinian rights and this “drives a wedge between many Jewish and minority students.”
It is difficult to understand why the Times gives such play to this story, which rehashes material from earlier ones centered on debates at UCLA and Stanford, but all the articles take aim at the divestment effort. The previous ones attempted to connect the boycott movement (known as BDS for boycott, divestment and sanctions) with anti-Semitism (see TimesWarp posts here and here); this one tells us that the movement is divisive.
Each of the stories is notable for avoiding the substance of the campus debates. In the latest article, for instance, we learn only that students are objecting to “what they see as Israel’s mistreatment of Palestinians” and that “they have cast the Israeli-Palestinian conflict as a powerful force’s oppression of a displaced group.”
Readers would never know that students are motivated by the facts on the ground: the brutality of the occupation, the horrific attacks on Gaza, and a racist system that a South African jurist recently called “infinitely worse than those committed by the apartheid regime of South Africa.”
The Times obscures these facts in its daily reports from Israel and in its discussions of BDS, focusing instead on abstractions and political maneuverings. It attempts to change the subject from the very real Israeli oppression of Palestinians to talk of campus strife over the issue.
Meanwhile, it ignores another, more pernicious, BDS debate unfolding in the legislative bodies from Congress to state assemblies and senates. In these halls, Israel supporters are promoting attempts to outlaw and rein in BDS.
The U.S. House and Senate recently passed amendments authorizing negotiators for the Transatlantic Trade and Investment Partnership bill to push for efforts that would normalize trade with Israeli settlements on Palestinian land (even though these have been declared illegal under international law), effectively erase the boundaries between the West Bank and Israel and punish companies that resist collaboration with the occupation.
The House amendment openly identifies BDS as a target, saying that negotiators should discourage “politically motivated efforts to boycott, divest from or sanction Israel.” One observer has noted that some of the language in the amendments is identical to that in an Israeli bill adopted in 2011.
State legislatures, such as those in Tennessee and Indiana, are taking aim at BDS, with bills declaring that the movement is anti-Semitic and requiring state pension funds to withdraw money from companies that boycott Israel. The Tennessee bill (and the Congressional amendment) includes passages taken directly from Israeli Prime Minister Benjamin Netanyahu’s 2014 speech to the American Israel Public Affairs Committee.
There is something askew here: The Times finds the BDS debate newsworthy when it takes place on college campuses but not worth mentioning when it shows up in legislative bodies, even at the federal level. It may be that such coverage would bring inconvenient facts to light—Israeli breaches of international law, for instance, and European restrictions on trade with settlements.
We can trace a link from Israel to lobbyists in the United States and from the lobbyists to the halls of Congress and state legislatures. It appears to connect also with The New York Times, where we find some of the familiar techniques for protecting Israel in play: avoidance and diversion.
Thus Times readers, uninformed about the full extent of Israeli atrocities in the occupied Palestinian territories (and within Israel proper), are directed away from the facts on the ground. They are sidetracked into discussions of anti-Semitism or divisiveness, all part of an effort to take the heat off Israel.
High-profile group of ex-European leaders calls for Israel to be held accountable
MEMO | May 13, 2015
A high-profile group of former European political leaders and diplomats has called for the urgent reassessment of EU policy on the question of a Palestinian state and insisted Israel must be held to account for its actions in the occupied territories.
In a letter to the EU’s foreign policy chief, Federica Mogherini, the group, known as the European Eminent Persons Group, also questioned the ability of the US to lead the negotiations between Palestine and Israel.
In a damning assessment of EU policy, the letter reads: “Europe has yet to find an effective way of holding Israel to account for the way it maintains the occupation. It is time now to demonstrate to both parties how seriously European public opinion takes contraventions of international law, the perpetration of atrocities and the denial of established rights.”
Signatories to the letter include Hubert Védrine and Roland Dumas, former foreign ministers of France, Andreas van Agt, former prime minister of the Netherlands, John Bruton, a former prime minister of Ireland, Michel Rocard, former prime minister of France, Javier Solana, former Nato secretary general and Sir Jeremy Greenstock, former UK ambassador to the UN.
On Friday, the European United Left group of MEPs demanded an abolition of partnership agreements with Israeldemanded an abolition of partnership agreements with Israel.
EU bloc demands abolition of partnership agreements with Israel
MEMO | May 9, 2015
The European United Left group of MEPs has demanded the abolition of partnership agreements with Israel due to its indiscriminate aggression against the Palestinians, Arabs48.com reported on Friday. The demand was made in the wake of the acknowledgement by dozens of Israeli soldiers who took part in the last summer’s Israeli offensive in Gaza that they targeted civilians intentionally; some claimed that they targeted Palestinians “for fun“.
In a statement issued on Friday, a spokesperson for the EU group, Angel Vaina, demanded that Europe’s Foreign Policy Chief Federica Mogherini answer several questions regarding the Israeli human rights abuses. Beside the witness statements of the Israeli soldiers, he noted, there is a UN report which proves that Israel killed 44 civilians and wounded 227 others in UN shelters during the Israeli war against Palestinian civilians.
Vaina said that the Geneva Conventions ban aggression against the offices of humanitarian organisations. “As such, we demand an end to economic preferences and dealing with this aggressive state.”
He pointed out that Israel signed an agreement in 2000 that guarantees human rights, but violates it repetitively. As an example, he cited Israeli violations in respect of 26 foreign activists on 3 May, when police cracked down on a peaceful demonstration in Tel Aviv against institutional violence and racial discrimination targeting Ethiopian Jews.
Gaza farmers face Israeli bullets to harvest crops
MEMO | May 9, 2015
Bothaina Al-Najjar, 42, is fearful and cautious while harvesting the wheat and barley on her farm. She can hear the Israeli tanks roaring just a couple of hundred metres away from the Gaza Strip city of Kuza’a. On Friday, Israeli snipers positioned on the Gaza border in the north of the besieged territory shot a Palestinian farmer, causing him serious injuries.
This is an almost daily experience, she told Anadolu reporter Hani Al-Shaer. Israeli tanks could be seen from time to time aiming their barrels towards them during the interview. They also felt that they were in the cross-hairs of Israeli snipers.
Wearing her traditional dark dress and almost hidden by the wheat crop, she said, “I come to my farm in the early morning and start working very fast in case I am targeted by the Israeli forces.” She does not know why the Israelis target the Palestinians in their land. “We are civilians and they know very well that we pose no danger to them.” Al-Najjar added that she and her family have been there for decades.
Nearby, the Anadolu journalist spotted a 70-year old man who was, along with his wife and sister, harvesting their barley crop. Mahmoud Qdeeh had arrived on his farm at 9:30am. When Al-Shaer approached to speak to him, gunfire could be heard, fired from the Israeli side of the border.
Qdeeh ignored the shots, but his sister insisted that he should leave. They collected what they had harvested, packed it onto a donkey cart and fled.
Recalling her youth, Al-Najjar told the journalist that at harvest time the farmers used to prepare big meals and invite their neighbours to eat. “But, after 2000, the Israeli occupation razed hundreds of acres of Palestinian farmland and made our lives hell.”
Israeli light rail guards assault young Palestinian woman
Natalie Abed Rabbo
Ma’an – May 9, 2015
JERUSALEM – A young Palestinian woman from occupied East Jerusalem has accused security guards at an Israeli light rail station, along with Israeli police officers, of physically and verbally assaulting her on Thursday.
Natalie Abed Rabbo, 18, told Ma’an that she had bought a light rail ticket and was boarding the tram, when “all of a sudden, a security guard approached me and accused me of boarding the tram without a ticket.”
She said that she showed her ticket to the the guard, but that he ignored it. She added: “I asked him to check the surveillance cameras to make sure that I had bought a ticket, but he refused.”
Abed Rabbo said that she then asked to speak to an officer to submit a complaint, but before she was able to do so, “eight security guards attacked me and pushed me into a corner, grabbing me by the neck.”
She said that a female Israeli police officer tried to take away her handbag, but that she held onto it.
Abed Rabbo said she was able to use her mobile phone to call her family, and that her mother and brother soon arrived on the scene.
However, she said: “Special force officers then arrived and they beat my mother and brother, and they cuffed my hands and my feet.”
The young woman said she was taken to the Russian Compound police station where she said she was again physically assaulted.
The interrogator “accused me of boarding the tram without a ticket, as well as assaulting security officers and police personnel,” she said.
Abbed Rabbo was released several hours later having paid a bail of 3,000 shekels. She said she was also forced to pay a fine of 200 shekels for breaching tram regulations.
On Monday, a Palestinian man was shot in the foot by a security guard at a light rail station near the illegal Israeli French Hill settlement in East Jerusalem.
The security guard alleged that Hatem Salah had been attempting to stab passengers, although police later withdrew the allegations after it became clear that Salah had not been in possession of any sharp objects at the time.
Early investigations showed that Salah had been physically assaulted by two Israeli light rail guards on Sunday, the day before he was shot.
The light rail service began operating in 2011 along a 14-kilometer (nine-mile) route which begins at Mount Herzl and passes through West Jerusalem before heading through the Palestinian east of the city and ending at the illegal settlement of Pisgat Zeev.
Land belonging to Palestinians in Shuafat was confiscated in 2001 by the Jerusalem Municipality for the construction of the light rail, which will eventually link more illegal settlements in occupied East Jerusalem to West Jerusalem upon its expected completion in 2016.
Israeli State threatening immediate demolition of entire Palestinian village
Operation Dove | May 5, 2015
At-Tuwani, Occupied Palestine – The entire Palestinian village of Susya is in danger of demolition and expulsion. By refusing to issue an interim order preventing preemptive demolitions before their case is heard, the Israeli High Court is allowing for the demolition of the entire Palestinian village of Susya and subsequent expulsion of its 340 residents. The refusal of the State to commit to not demolishing before the conclusion of proceedings suggests it has plans to destroy the village in the near future.
On one hand, the High Court of Justice is willing to hear the village’s petition to legitimize its status, but on the other hand, the court allows the village to be destroyed before even deciding on the case.
On May 5 2015, High Court Judge Noam Solberg rejected the request for an interim order by the Palestinian village of Susya, represented by Rabbis for Human Rights, in a petition against the Civil Administration’s decision to reject the master plan prepared by the village and subsequent demolition of the entire village.
The village argued that their plan was rejected for non-professional reasons and that the village should be legalized due to its unique history. The residents sought an interim order to freeze the implementation of the demolitions until the petition is heard, as is standard practice in these sort of cases.It was against this request for an interim order that Justice Solberg, without even conducting a hearing on the request, made the unusual move of granting the state’s request not to freeze the orders. This decision means that the Civil Administration can now destroy Susya at any time. The demolition of the village will lead to hundreds of residents living in the desert with no roof over their heads and may result in their displacement. The state’s refusal to commit to waiting for a conclusion to the court proceedings raises great alarm that it intends to implement the demolition order in the near future; tragically, it seems the villagers are in real danger.
In the petition, Susya’s residents claimed that the army is obliged to legalize their village as it was the one to confiscate their land and their caves in 1986, leaving them without a housing solution and forcing them to move to their adjacent agricultural lands. As evidence to the life in the village prior to the expropriation, various testimonials and photographs of life in caves were presented to the judge. Among other things, there were documented photos of a visit by the US Consulate to the village at the beginning of 1986. The photos and testimony clearly shows that the Palestinian village of Susya is an old village formed prior to the Israeli occupation and the declaration of the area as an archaeological site.
Among the evidence was the opinion of the late governmental legal adviser Plia Albeck (considered to be very pro-settlement and who wrote in her memoirs that she tried to find legal ways to declare Palestinian land as State land), indicating the existence of a Palestinian village in 1982 where today the archaeological site stands.
Despite the evidence presented before him, revealing the many injustices done to the villagers – from the expropriation and dispossession of their lands, to the refusal by the state to recognize the status of the village in its new location – Judge Sohlberg did not agree to hear the case before allowing the demolition of the village and setting the fate of its inhabitants.
Attached to the petition, inter alia, was an expert opinion by Prof. Eyal Benvenisti, a renowned expert in international law, stipulating that the demolition of the village of Susya constitutes a war crime.
This week, a report by radical right-wing NGO “Regavim” (which has close ties to the settlement enterprise) was exposed indicating that in the nearby Jewish settlement, also called Susia, there are 23 illegal homes built on private Palestinian land. We have no indication of any attempt by the state to demolish these illegal structures in the settlement Sussia or in its nearby outposts. We see in this current situation that this Jewish settlement, whose very existence is prohibited by international law, and where some of its homes are sitting on private Palestinian land, is prosperous, while the Palestinian village of Susya, whose inhabitants are on their own private land, is at risk of displacement and loss of their entire village.
Background:
In 1986 the village of Susya was declared an archaeological site, its land expropriated, and its inhabitants, who lived in caves, were deported. While the Palestinians were told that they could not reside in an archeological site, Israeli settlers live in an illegal outpost located inside the archeological site.
After the expulsion, villagers were forced to move to their neighboring agricultural plots. Because there was no willingness to grant a zoning plan, they involuntarily became illegal builders. Dozens of villagers followed procedures in attempts to obtain building permits, but those attempts were rejected. In 2012 the villagers raised funds and submitted a proposed master plan, drawn up by Professor Rassem Khamaiseh, for the Civil Administration for review. The plan would authorize construction in the village according to accepted standards of professional planning.
The plan was rejected in 2013 on very questionable grounds, indicating a double standard in planning, and blatant discrimination against the Palestinian population. For example, it was argued that the number of residents in the village, which is a few hundred people, is not substantial enough to grant it independent planning as its own entity. On the other hand, dozens of unauthorized outposts which are built housing only a handful of residents are approved by the Civil Administration’s planning body. In addition, it was argued that the plan will prevent the population from properly developing and moving out of poverty, and therefore, they should be moved to an adjacent city. It should be noted that the city is, of course, in Area A, and what actually prevents the progress of Susya is the lack of infrastructure which they are prevented from building. Also important to note is that Israelis are permitted to choose their preferred way of life – be it urban or rural, and are not forced by the state into one or the other.
In 2014, Rabbis for Human Rights petitioned the High Court on behalf of the Susya village council and its residents against the decision to reject the village master plan (HCJ 1420/14). As mentioned, on May 5th the court rejected the request for an interim injunction, leaving the whole village vulnerable to imminent demolition.
The big picture:
The danger of demolishing and expropriating the village of Susya reflects the systemic problem of planning for Palestinian villages located in Area C; in these villages, planning is done by military planning committees, without representation of Palestinians, with the intent of preventing residents from building on their own land based on reasonable and professional planning standards. A recent High Court petition, submitted by the village council Dirat, Rabbis for Human Rights, Jerusalem Legal Aid and Human Rights Society, the Israeli Committee Against House Demolitions, and St. Yves – Catholic Human Rights Center, demands planning authority be returned to Palestinian villages for their own communities in order to prevent the tragic demolitions of hundreds of homes every year due to the impossibility of obtaining building permits.




