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Posts Tagged ‘anat kamm’

Yediot Achronot: ‘Poor Pitiful Me, I Want to Tell You About Anat Kamm, But the Bad Censor Man Won’t Let Me’

Wednesday, March 31st, 2010

I’m growing very tired of the Israeli media’s whiny self-pity in writing about why they can’t write about the Anat Kam story.  Take a story in today’s Yediot Achronot:

For Foreigners Only

What Does the Shabak Want You Not to Know?

Foreign media outlets publish about an incident whose details you can also discover on the internet.  Only Israeli resident cannot know about them.

What citizens around the world are allowed to know is concealed from Israelis: foreign newspapers and media report an incident which cannot cannot be reported in Israel.

Among the foreign news outlets many of the details of the incident and information about the subjects of it are reported.  All these details one can find also on the internet if one searches under the keywords “Israeli journalist gag.”

As has been reported here in the past, Israeli courts easily accede to requests from the police and Shabak for gag orders.  The gag only impacts one party, the one which investigates.

In a situation like this one, Israeli media outlets have no opportunity to present in a timely way their position opposing the gag order and supporting publication.

If this is such a crappy system, why doesn’t the Israeli press and Knesset unite to amend laws and eliminate the stranglehold that military censorship has over the media?  Instead of complaining, why don’t they actually do something?

In many previous similar instances, an Israeli reporter has offered a story to a foreign news outlet.  Once reported abroad the Israeli publication can reprise the story.  The first part of equation has has already happened.  The Independent reported the Anat Kam story.  JTA also reported it.  As a result of that the Arabic service of the Israeli Broadcasting Authority broke the story in Israel.  A few hours ago, the independent Palestinian news agency, Maan, broke the story.

So under conventional terms, this story should be all over Israel–well it is, it’s just not in the newspapers or on the news.  Israeli friends tell me that newspapers value their licenses and don’t deliberately court big fines and legal entanglements spanning years in order to uphold freedom of the press.  Well, yes I can understand that.  But if you take that approach, then you can’t expect anyone outside Israel to praise Israeli’s so-called free press.  Because it isn’t really free.  It’s fully subservient to the military-intelligence apparatus.

And it’s not just the press, the courts too are generally acquiescent.  They don’t probe too closely when cases involve national security, or at least the claim of it from the military or intelligence side.

So my attitude is: if you don’t want to stand up for your journalistic principles that’s a decision you make; but don’t come bellyaching to me like in this Yediot piece.  Sorry, but I don’t have any sympathy for it.  If you really care, you know what to do.  If you don’t, you have no one to blame but yourselves.

Nor am I letting the foreign news outlets off the hook.  Why has a story this important languished in obscurity?  Yes, I understand why the N.Y. Times won’t report it because of their reluctance to be out front on any story this controversial.  But what about The Nation, Christian Science Monitor, the Times of London?  Why aren’t they panting after this story and giving it column inches?  I’m half tempted to call this entire incident, The Day the Media Slept.

I also wanted to touch on a slightly different subject.  The Israeli press is terribly insular.  You might argue that this is only natural.  But think about it: Haaretz & Ynetnews online English editions derive a major amount of their traffic from the Diaspora.  Yet they hardly cover the Diaspora and when they do they do it perfunctorily and often badly (Haaretz’s coverage of the U.S. is a case in point).  They hardly ever publish material from Diaspora writers.  I’ve had a grand total of one commentary published in Haaretz.  Subsequently, the editor told me it was highly unlikely anything further would be published.

In normal times, a news website can get away with such insularity.  But in times like these, when the Israeli press can’t do its job, then it has to rely on Diaspora sources like this blog.  That’s why Haaretz’s editor yesterday began following my Twitter feed.  I’m pleased with this.  But I’d like a lesson to be learned.  That is, we’re in this together.  There should be a dialogue between Israel and Diaspora in the media.  But there largely isn’t.  And it ain’t because people like me aren’t trying.

If this happened, it could only benefit both sides.  It would increase interest in the sites from the Diaspora and would introduce Israelis to voices and ideas from outside their comfort zone.  But it probably won’t happen because editors don’t have the vision to make it happen.

H/t to O.A., a journalist doing his part.

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Haaretz Reporter in Self-Imposed Exile Over Top-Secret IDF Leaks

Tuesday, March 30th, 2010

Uri Blau: Israeli intelligence attempting to criminalize journalism?

Yesterday, I reported that Haaretz journalist Uri Blau is in self-imposed exile as a likely result of his publishing top secret IDF documents allegedly provided to him by Anat Kam.  Today, another reporter I was speaking to noticed that Blau has been publishing reports for Haaretz with a London dateline.  Though that is not the country a different source identified as where Blau now resides.  Wherever he is, we do know that he is a reporter in exile from his own country’s intelligence apparatus which appears to want to prosecute him for doing what good journalists do in virtually every democratic nation.

Blau left in December for a trip to Hong Kong with his girl friend.  An informant tells me that while there the authorities seized his computer (apparently after arresting Anat Kam) seeking evidence of involvement with her.  This may’ve been what caused him not to return.

When I began writing about this story I thought I was writing about a young do-gooder who leaked secret documents about IDF misbehavior out of a sense of duty to her country and its democratic values.  Now, I think this may be a story about an intelligence apparatus run amok who wants to criminalize the practice of journalism when it afflicts the military/intelligence elite.  It is bad enough that the Shin Bet secretly arrested Anat Kam and held her incommunicado for as long as it did.  But in the effort to take down Uri Blau we may have an even more disturbing story.

If anyone ever wants to understand the problem with a country not having a constitution with enumerated rights, this case illustrates it perfectly.  Israel has no freedom of the press in the sense that we do.  Journalists are not a protected class.  That’s why there can be military censorship (which operates under some supposed constraints established by the Supreme Court).  That’s why they can go after Uri Blau.  That is not to say that the Israeli press are docile and obsequious.  They can be quite probing.  But the fact that no Israeli publication has broken the Anat Kam gag order, despite the fact that The Independent’s Israel-based correspondent, Donald McIntyre, bravely reported this story yesterday, indicates how cowed the Israeli press can be regarding national security matters.

I remain concerned about the role that Anat Kam may be asked to play in this.  I fear that she is the little fish that the authorities will attempt to use to catch the big fish.

In a comment earlier today, Shraga Elam speculates that one of the things the police may wish to question Blau about is whether he actively encouraged Kam to steal the IDF documents.  My source tells me that Kam stole the documents without having any immediate media outlet for them.  It was only after she had the documents that she coordinated an arrangement with Blau.  Apparently, the two had already known each other before this incident occurred though I don’t know under what circumstance.

While I see Anat Kam as an individual having mixed motives, I am more sympathetic when I read how she is being trashed in the far-right Israeli online community.  At the right-wing internet forum, Rotter, phrases used to describe her were “spy,” “traitor,” “lock her up and throw away the key,” “to prison like Vanunu.”  It seems that extreme Israeli nationalism is ascendant and nothing can stand in its path in the current political climate.

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Overseas Media Begins Reporting Kamm Case

Monday, March 29th, 2010

Before I get to the subject of this post I wanted to make a pitch for you to support this blog.  The Anat Kam case is the first time this blog has broken a major story concerning the Israeli-Palestinian conflict and I’m damn proud of it and all the readers and other sources who contributed to it.  You understand that Tikun Olam plays an important role in monitoring not only the Israeli media, but also serving as a watchdog over those who would trample over Israeli democracy and Palestinian rights.  You also know we play a role in advocating an assertive engagement by the U.S. government in the peacemaking process.  Imagine what it would be like if blogs like this one didn’t exist.

That’s why I want to ask you to support my work (or should I say OUR work?) with a financial contribution.  You can donate through Paypal or if you wish to avoid the 3% surcharge you can send a gift directly to me by contacting me, after which I’ll send you my mailing address.  And if I may be so bold, don’t make this a one-time thing.  If you can, send a gift regularly.

If you think this blog is important both to you and to the struggle for peace and justice in Israel-Palestine, please support it.  Of course, there are other things you can do to help as well.  If you make Amazon purchases and start your shopping through this site, your purchases will earn me a fee.  You can also help by introducing others to this site in order to increase my readership and my presence in the online community.  I’m proud to say that Alexa ranks this site as 138,000 (out of all blogs in the world), the largest readership it has ever had in the seven years of its existence.  Technorati ranks it 38th of all World Politics blogs.  We’re on a roll.  Let’s continue to make progress and make the world a better place.

*   *   *

The Israeli gag order in the Anat Kam is slowly being broken down by reporting from outside Israel.  After this blog broke the story, JTA followed suit.  Then the Arab service of the Israel Broadcasting Authority picked up on the JTA piece.  Today, Donald McIntyre, The Independent’s Israel correspondent wrote a report.  This is an especially important development, as he is the first Israel-based reporter to publish a story in an overseas publication.  It may embolden the Israeli press to finally break the gag.

Clarification: 'Due to a gag order we cannot tell you what we know. Due to laziness, apathy and blind faith in the defense establishment we know nothing at all.' (Maariv political satire)

Astonishingly so far, the gag seems to be holding despite the holes in the dike I’ve pointed out above.  On April 12th, there will be an appeal hearing brought by Haaretz and Channel 10 before the court which approved the original gag orders.  If we can get enough reporting published in other places before then, the court will have to lift the gag order.  Anat Kam’s trial is scheduled to begin on April 14th if she doesn’t cop a plea before then.

I am working with a publication similar to The Independent to publish a news story and possibly a commentary on the case in the coming days.  Perhaps with a few more cuts like these, this ogre will die a death by a thousand such journalistic paper cuts.

I wrote yesterday that Uri Blau, who allegedly wrote stories for Haaretz based on the top-secret IDF documents leaked to him by Anat Kam, was scheduled to return yesterday to Israel from a long trip/honeymoon to China that coincidentally began in December, the month Kam was secretly arrested.  A journalistic source tells me that Blau did not return to Israel and that he is in a western country I’d prefer not to name at this time.

After consulting another journalistic source, I feel strongly that there is no coincidence in Blau’s departure from Israel at the same time Kam was arrested.  Just as it is no accident that Blau has elected not to return to Israel.  Not only would Blau be liable to prosecution if he returns, I have a strong hunch that the negotiations between Kam’s attorneys and the attorney general may involve her getting no jail time in return for testifying against Blau.  I repeat that I do not know this for a fact and cannot document this.  If I am wrong, I will be delighted.  If I am not, I will feel sad to have two parties who collaborated in a righteous cause be driven to battling over who gets to go to prison for 10 or 20 years for their actions.

This case is extraordinarily important for many reasons, and it seems to me that neither the Israeli press nor the overseas press has paid proper attention to it.  Everyone no doubt has a reason and can defend or explain why they couldn’t do anything.  Which only adds to the shame.  The story is significant not just because it vividly confirms the disdain felt by the IDF toward the Israeli Supreme Court and the rule of law; and not just because it illuminates the absolute power the Israeli intelligence services have virtually to disappear citizens, and this in an alleged western-style democracy; but it is especially important because of the bitterly hostile political environment in Israel right now toward human rights and democratic values.  For those of you who remember personally or learned about the McCarthy era in school, Israel is closer to this dark age than any time in my lifetime.

I read on another blog that Israel today has the type of government, adhering to the type of policies that Dick Cheney would’ve imposed here if he could have.  Think of Dick Cheney ruling an incipient police state.  That’s what Israel resembles more and more.  No, it hasn’t quite come to that yet.  There are brave democratic forces fighting back like those in Sheikh Jarrah, like Naomi Chazan and the New Israel Fund.  There are journalists like Gideon Levy and others fighting the good fight.  But they are no match for the overweening force of the national security state.

My friend and ally Avner Cohen told me when this story was breaking that the case is larger than what was known at that time.  I didn’t know what he meant but now perhaps I have a better idea (though I still don’t know all and have no idea whether this was what Avner was referring to).  A source who spoke with someone well-placed, claims that Anat Kam didn’t take just the two documents that were displayed in the 2008 Haaretz report.  In fact, she may’ve taken as many as 1,000 documents.  If this is true, then it explains why the original story might’ve passed military censorship (a development I found astonishing considering that it allowed the Israeli public to view highly damaging top secret IDF documents in the public newspaper).  The censor might have negotiated with Haaretz to allow this report to be published in return for embargoing any other future stories related to the other documents.

This might also explain why the military is very eager to get Uri Blau.  It must make an example of an Israeli journalist who has violated the code of secrecy that envelops the IDF and its security operations like targeted assassination.  It must do so for the sake of any other future journalist who considers getting out of line as Blau did.

Finally, I want to concede that I am no Seymour Hersh.  I do not have well-placed sources in every corner of Israel nor do I have a staff who can vet every piece of information I learn for accuracy.  But I hear what I hear and know what I know.  Considering the shroud of secrecy both Anat Kam, the Shin Bet and IDF have dropped over this incident, I think we’re doing a pretty good job.  I know I haven’t gotten everything right.  But when the gag order is dropped and sources begin to speak more freely, I’d be willing to bet that you and I are doing to be damn proud of the reporting on this story.

In the meantime, let’s do what we can to slay the beast of opacity, secrecy and the national security state.

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Ron Kampeas Breaks Anat Kamm Story in Jewish MSM

Sunday, March 28th, 2010

Avner Cohen brought me news that Ron Kampeas broke the Anat Kam story today in JTA for the mainstream Jewish media.  Kol ha-kavod to him.  And thanks also for his tip of the hat acknowledgement of my contribution to the story.

Ron does provide some “value-added” reporting noting that Kam faces up to 16 years in prison for her alleged role in leaking top secret IDF memos to Haaretz.  Those memos proved that the army was ignoring a major Israeli Supreme Court ruling that prohibited targeted assassinations except under certain limited conditions.  I’ve been told by an Israeli who spoke to her that her attorneys are hoping that she can cop a plea for no jail time.

Is Uri Blau a wanted man?

Which leads me to ask how can someone spilling such important IDF beans ever hope to get no jail time?  I speculate (emphasis on the word “speculate”) that she may be offering, or the IDF/Shin Bet/Attorney General may be seeking to use her to fry a much bigger fish: the Haaretz reporter to whom she leaked the memos, Uri Blau.

I’ve been mystified how the Haaretz story passed military censorship, given that it included physical reproductions of the two secret memos.  I’ve never heard of the IDF allowing such material published before this.  There has to be a reason we’re not aware of that the IDF felt compelled to allow this through censorship.  At any rate, after allowing it to be published it would seem to me that Uri Blau would have to have a target on his back as far as the IDF and Shin Bet was concerned.

Today, brings an unconfirmed (by me) report via a knowledgeable journalistic source that Uri Blau has left Israel.  [UPDATE: I have heard several somewhat conflicting reports about this.  One says that left Israel in December (the same month Kam was arrested) on a trip to China with his girlfriend.  Another report says that he was on an extended honeymoon.  His Facebook page says that he'll be returning to Israel today.]  Again, one can only speculate why, but we should have a pretty good idea.  It’s the same reason that Azmi Bishara left Israel before he was charged by the Shin Bet with the equivalent of treason.  Blau would not have left the country unless he had a strong conviction that the Shin Bet and police were about to either arrest him or charge him in the case.  He knew what they’d done to Kam by secretly arresting her and slapping an infinite regress gag order preventing publication about her detention and the reasons for it.  He chose to leave rather than face prison for merely doing his job.  As in the Bishara case, if Blau did leave the country one might ask why the Shin Bet allowed him to do so?  I suspect it would’ve faced a massive firestorm of protest from the few Israeli democrats remaining inside the country.

My only hope, and one first offered to me by Avner Cohen, who’s experienced some of the same harassment by the intelligence services, is that disclosure of this sorry mess by Ron Kampeas will force the security services to back off.  That’s the reason I have reported this story myself.  I only hope that what Kampeas and I have done, and hopefully the follow-up reporting by the thus-far spineless Israeli and foreign press corps, will stop this thing before it turns into a real mess and stain on Israeli democracy.

Keep in mind that Walla until recently was owned by Haaretz.  I’m sorry to raise such cynical speculation but it may be warranted.  Can it be an accident that Kam leaked the memos to Haaretz during her military service and that after she left the army she went to work for a Haaretz subsidiary?  Instead of a do-gooder whistleblower, might we have a mole seeking to build a career for herself as a journalist?  I’m not dismissing the chance that there was some moral motivation in her actions.  But given that she wrote a disparaging Walla piece about Israeli conscientious objectors, one wonders how strong that motivation might’ve been.

Another interesting matter: one Israeli source said that Kam, after her arrest was suspended without pay.  A different source tells me that Kam was actually fired.  If you were a Haaretz or Walla editor would you suspend or fire a journalist who’d been arrested for leaking documents to one of your reporters?  It doesn’t make sense if you value whistleblowers and hope to have any turn to your reporters in the future.  I’m guessing that there was some major parting of the ways involving the legal manuvering in this case, that caused Walla to dump her.

The fact that a source told me that Kam has blamed Haaretz for ‘outing’ her is yet another indication that all is not well between these two parties.

Finally, Kampeas quotes Haaretz’s editor denying any connection between Kam and the IDF memo story:

Dof Alfon, the editor in chief of Haaretz, said the linkage between Kam’s arrest and the 2008 article, made in a number of blogs, is “absurd.” He implied that the investigative reporter, Uri Blau, had obtained the information without assistance from Kam.

I hesitate to say this since so much of this story is based on rumor and speculation, but Alfon’s denial doesn’t seem credible.

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Maariv Satirizes Anat Kamm Gag Order

Friday, March 26th, 2010

Clarification: 'Due to a gag order we cannot tell you what we know. Due to laziness, apathy and blind faith in the defense establishment we know nothing at all.' (Maariv)

Let it not be said that in a nation in which democracy is honored only in the breach (or not at all), there is not a sharp sense of satire.  The Soviet Union was like this, and now Israel.  Hence this hilarious, knowing and merciless skewering of the cowardice of the Israeli press in regards to the gag order prohibiting reporting the Anat Kam affair.

I’m sorry to say that the press outside Israel has reacted with similar lack of interest.  It’s quite unusual for a freelance journalist to list publicly all the outlets he’s queried about a story.  Somehow it reeks of self-pity and you’re not supposed to display that when you’re a writer.  Besides, not embarrassing potential future publishing outlets by biting the hand that might feed you.  But I feel this story is important enough that it warrants throwing convention to the winds.  I’ve approached the following media outlets in an attempt to broaden coverage of this story and either been rejected or ignored: London Review of Books, Al Jazeera English, The National, The Nation, Firedoglake, The Jewish Forward.  I should say that a reporter for a major publication has expressed an interest in the story though no specific agreement or arrangement has been yet made.

Thus the IDF and intelligence apparatus, with the heavy-handed help of Kam herself, have won a victory for opacity, impunity and lack of accountability.  It is shameful that neither the Israeli or foreign media have been willing to report this.  I’m sorry to say that in the case of the latter they simply may not understand the importance of the story and the issues involved for Israeli democracy.  Or perhaps they understand and they just don’t care.  Either way it’s a crying shame and embarrassment.

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Anat Kamm, Self-Censorship and the Israeli Left

Friday, March 19th, 2010

This blog was the first English-language source which reported that Israeli journalist Anat Kam was secretly arrested by the Israeli police for allegedly leaking top secret IDF memos describing the army’s flagrant disregard for an Israeli Supreme Court ruling.  The latter provided limitations on the IDF’s use of targeted assassinations against Palestinian militants and the memos documented the army’s violation of the judicial decision.  I reported that not only was Kam’s arrest secret, but the reason for her arrest too was embargoed by the Shin Bet.

After I read every Hebrew source about this affair and wrote my own post, a number of these sources disappeared.  It turns out that Anat Kam herself and others on the Israeli left have urged those who have published to remove their material.  Indymedia Israel did this (see cached version).  Kam asked the Hebrew Wikipedia to remove the article about her and it did.  As a member wrote quite sensibly (in Hebrew) in response:

If Shimon Peres told you to remove his Wikipedia article, would you?

For a few days I also did so after an Israeli peace activist told me that Kam was negotiating with the Shin Bet and hoped if little was made of this affair that she might get off with no jail time.  I took my post down.  Then I wrote to Avigdor Feldman asking him to confirm that he wished me to do so.  I never received a reply.  I republished my post.

Aside from the Shin Bet’s egregious behavior, several developments in this case have troubled me.  First, I discovered that Anat Kam had published a tart dismissal of the Israeli conscientious objector movement.  I wondered how someone who allegedly leaked top secret documents discrediting the Israeli army’s policy on a item of major national security significance could also disparage the very peace movement which these memos would assist.

I also noticed that at a Hebrew language website which had archived all online sources dealing with this case, someone sounding very much like Kam, but using the pseudonym “Noa,” railed against the website owner for maintaining the archive.  I should add that I have other confirming evidence that the commenter was Kam.  Among other disparaging statements she made about him:

You know Anat Kam?  You tried to make contact with her?  Or did you take on yourself the decision to be the Prince of Human Rights and Democracy and to claim you know what would be best for her?

…And further, I haven’t even begun to count to the number of times you were an accomplice to violations of the gag order (linking to articles which commit such a violation makes you into a criminal accomplice.  It’s a good idea to examine the law from time to time.)”

On reading this, Aryeh Amihay, owner of the website took the entire archive post down.  He too was intimidated by the veiled threat in the comment.  So someone will have to explain to me how this sort of behavior serves anyone’s interests, even Kam’s.  I fully understand that she is only 23 years old, faces very serious charges, and is under enormous pressure from the security establishment.  I understand how this can turn one from being a principled person attempting to do good into someone seeking to save their own hide.  In fact, I had experience with another whistleblower who, after being caught, acted in almost precisely the same way.  This appears to be part of human nature, the instinct for self-preservation.  So I am trying not to be judgmental on that score.  But this seems to go far beyond what is required under the circumstances.

So I’d recommend that those on the Israeli left who’ve cooperated with the wall of silence reconsider their decisions.  I continue to believe that silence doesn’t serve the greater good of Israeli democracy.  I don’t even believe it serves Anat Kam’s interests, but as she herself says, that’s for her to determine.

I don’t know what motivated Anat Kam allegedly to leak the IDF memos.  I would hope her actions were based on a citizen’s disgust with the army’s brazen disregard for the rule of law.  But it occurs to me, and I freely concede and even hope I am wrong, that the leak may’ve been motivated by an aspiring journalist who found herself in a position to advance her career by making such material public through Israel’s leading daily newspaper, Haaretz, and a respected investigative journalist, Uri Blau.  I also note that following her army service she went to work for Walla, an internet portal owned by Haaretz.  Coincidence?

There are aspects of this case which still have not come to light.  Anat Kam is not the alpha and the omega of this story.  More than this, I can’t say at this time.  I look forward to being able to say more at a later date.

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Shin Bet Secretly Detains Reporter for Leaking Top-Secret IDF Memos

Thursday, March 18th, 2010

Shin bet logo

NOTE: On March 14th, I was the first blogger or journalist to report this story outside Israel.  Subsequently, an Israeli peace activist informed me that Anat Kamm’s attorney and friends have asked others not to publicize her case.  In honor of that, I decided to take down this post as I did not wish to harm her defense.  I wrote to Kam’s attorney, Avigdor Feldman, and asked him to confirm that he did not wish any public discussion of her case.  He has not replied.  For that reason, I have decided to repost this story with some amplifications and editing to reflect new information I’ve learned.

*   *   *

We’re going to be getting into deep territory tonight regarding Israeli military intelligence, the Shin Bet, and their ability to make a mockery of alleged Israeli democracy and freedom of the press.

Anat Kam: 'Disappeared' Israeli journalist (Ido Kenan)

An Israeli friend brought me word that Anat Kamm, an entertainment writer for the popular Israeli internet portal, Walla, was secretly arrested and imprisoned, after which she was placed under house arrest by Israeli authorities.  Needless to say, this is a highly unusual development.  In fact, I can’t remember the last time this happened to an Israel journalist.  I apologize that most of the material I’ll be linking to is still in Hebrew and not yet translated.  If that situation changes I’ll be adding English language links or sources.

Though Kam denies this, Israeli sources maintain she has been fingered by the Shin Bet as the source of a highly damaging 2008 Haaretz report that noted that a number of Palestinian militants who, the IDF claimed in separate media reports, were killed during firefights were actually assassinated in cold blood.  This of course wouldn’t be news since it has happened many times before.  What was news was that in 2006 the Supreme Court laid down specific and limited procedures under which targeted assassinations may be pursued.  Haaretz revealed that the IDF was ignoring the Supreme Court’s ruling and essentially killing militants in cold-blood and covering up the fact.  It approved killings even if civilians were also likely to be killed.  It approved killing suspects who were not “ticking-bombs,” another contravention of the Supreme Court.  In fact, as recently as 2009 the IDF killed Palestinians under suspicious circumstances which Palestinians have labelled murder in cold blood, leading one to believe that targeted assassinations continue.

 

The Haaretz report, which presumably and inexplicably passed military censorship, displayed two IDF top-secret documents drawn up by the military senior command, which laid out the provisions for the killings and proved that they were ignoring the Supreme Court ruling.

A former intelligence agent, Jonathan Dahoah Halevi, working as a researcher for Dore Gold’s Jerusalem Center for Public Affairs, examined the documents in detail attempting to trace the source.  While he didn’t specifically identify Kam, he did make clear that he believed the “Deep Throat” served in a position in military intelligence which allowed access to such documents.

Dahoah Halevi fed the story to ShalomLife, a Canadian Israeli news portal which published this rather sloppy right-wing slant on the Kam case. Dahoah Halevi was the editor of Shalom Toronto, listed as a sponsor of ShalomLife. The publisher of ShalomLife, Yossi Arbel, is also the publisher of Shalom Toronto. Some speculate that it may be an attempt by the Jerusalem Center to smoke out an Israeli journalist who will break the gag order by reporting on a story previously reported outside Israel.

On a rather humorous personal note, the author of the ShalomLife article confuses this blog with an “internet forum belonging to the Israeli left” by misattributing a quotation from this post to such an entity:

Internet forums belonging to the Israeli left have expressed support for the leak by Anat Kam, and have called it “a moral act” and “a civil duty”. One of the messages stated: “We must fight for Israeli democracy even if Anat Kam cannot or will not do it herself, and even if the Israeli press cannot or does not want to do it itself.”

There is one especially salient, disturbing passage in the ShalomLife story, which speculates on Kam’s motives in leaking the documents:

It is safe to say that the leaker wished to advance a political agenda and arouse wider public criticism in Israel and the world towards the IDF’s focused and deliberate policies against agents of terror.

First, it is convenient for an Israeli rightist to focus on Kamm’s alleged political agenda and neglect that she undoubtedly had a moral and democratic agenda as well.  Second, since the author of the Jerusalem Affairs analysis was himself a former intelligence officer and because Gold is a Likud loyalist, we can safely assume that this reflects the Shin Bet’s own views in the matter.  Which is all the more reason to fight this detention tooth and nail.  The far-right can natter all they wish about opposition to its policies being political, but the truth is that opposing targeted assassination and leaking material that documents violations of the law is a MORAL act and a the democratic duty of a citizen.  We must fight for Israeli democracy even if Anat Kamm cannot or will not do so herself.  And even if the Israeli press cannot or will not do so itself.  On that note, Haaretz, who used Kam’s materials for its scoop, has so far written nothing about her predicament.  That seems to me an unfortunate editorial decision.

The Israeli sources who have written about this note that there is a military gag under preventing reporting not only about the alleged leak, but that Kamm was arrested at all.  I call this censorship of infinite regress.  Which may explain why Haaretz has been silent. One hopes the Israeli press will find their voice and do their duty as journalists regardless of the strictures of the national security state.

Those who believe in Israeli democracy should explain how a citizen can disappear without a trace.  Is this China, where the government denies it even is detaining a troublesome dissident who has disappeared?  Is this the face Israel wants the world to see?  Does the security apparatus have the right to run roughshod over whatever civil liberties citizens retain?  I should add that this isn’t quite as bad as China.  Some people now know what happened to Anat Kamm.  She is safe although under detention.  But other than that, there are a lot of what Don Rumsfeld was fond of calling, in that inimitable way he had with the English language, “known unknowns.”

Apparently, it took over a year, but they have finally closed in on Kamm as the culprit.  They have really put the fear of God into her.  As Israeli bloggers and activists have become aware of this incident and written about it publicly, associates of Kamm have approached them asking that they desist.  Each individual has to consult their conscience in situations like this.  But I personally can see no benefit to Israeli democracy or even Kamm herself by keeping silent.  Undoubtedly, intelligence agencies have threatened her with horrible punishments if she doesn’t maintain absolute muteness.  As a 23-year-old relatively unfamiliar with the school of hard knocks that is the Shin Bet or military intelligence (where she presumably worked and which presumably investigated the leak), she’s quaking in her boots.  Who could blame her?

But I think that others need to have different priorities.  Even if Kamm doesn’t want to, or can’t fight for herself we must do so ourselves.  And again, we do this for the sake of Israeli democracy.  We do this to attempt to draw red lines and prevent the intelligence services from crossing them.  For we know that the Israeli national security state puts little stock in the rights of its citizens–witness the trampling of the rights of those whose passports and identities were stolen by the Mossad in carrying out the Dubai assassination.

We must make common cause with those Israelis and human rights NGOs who fight against such outrages.  As such, a measure of thanks is due the Israel Democracy Institute and its ejournal, The Seventh Eye, which has featured fine reporting on this matter.  Sol Salbe has directed me to an excellent archive of linked online articles about Kam’s situation.  Indymedia Israel also wrote up the story (web page now taken down) providing additional information.  Maariv published a highly allusive piece by Kam’s apparent boss, which reminds me of samizdat of decades past, which satirized the political culture of authoritarian regimes through allegory, indirection and oblique allusion.  Here is the first sentence:

How can a journalist be detained for over a month and everyone stays silent?  The journalists in Shoo-Shoo-land must be nonentities, otherwise it would be impossible to explain how in the past month not a single one of them wrote a single word on the journalist’s detention.

Let’s not forget that we’re talking about the Only Democracy in the Middle East here.  And lest we forget how the Shin Bet has dealt in the past with similarly damaging incidents, we need only remind ourselves of the Kav 300 Affair.

I wonder why the spooks did not target Kamm sooner since she leaked the documents over a year ago.  Possibly, she was working on a current story they didn’t want to see the light of day and this prevented her from reporting it.  Or perhaps, the current political climate in which the far-right is running roughshod over the rights of peace and human rights activists with the approval of the government has emboldened the intelligence establishment to light out after practicing journalists.  It may also be possible that Kamm is part of a larger constellation and the investigation includes her, but goes beyond her as well.

We must fight back.  We must help Israeli democrats turn back this assault on freedom of the press, free speech, and democracy.

IDF Violates Israeli Supreme Court Constraints on Targeted Assassinations

Monday, March 15th, 2010

NOTE: Yesterday, I published a post about an Israeli journalist secretly detained and placed under house arrest by the Shin Bet for allegedly leaking top-secret IDF memos detailing planned targeted assassinations against specific Palestinian militants.  The memos made clear that the IDF was flouting a Supreme Court ruling which permitted such attacks, but only under a limited set of conditions.

I have changed the status of this post to private, thus removing it from public access out of respect for Israeli peace activists who inform me that the alleged leaker is negotiating with the authorities over a plea deal and that publication of the details of the case could jeopardize this process.  I have grave concerns about whether I did the right thing, since it appears to me that silence only furthers the interests of the intelligence agencies prosecuting her and the IDF, which wishes the whole embarrassing episode would just go away.

To thwart this goal, I’d like here to review the original Haaretz story (English translation here–a cursory reading indicates to me the original is much more comprehensive and damning than the translation) which utilized the leaks about targeted assassinations.  First, let’s go back to 2006 when the Israeli Supreme Court refused to outlaw this tactic, which Israeli human rights NGOs argued persuasively was a violation of international law.  As a compromise, the Supreme Court said it would continue to allow such extrajudicial killings as long as they observed certain criteria.  First, the victim had to be a ticking-bomb, that is someone imminently planning a terror attack.  Second, he or she could only be killed if there was no other way of apprehending them short of death.  Third, there could be no danger of killing innocent civilians in such an attack.

The leaked IDF memos proved that the IDF, after the Supreme Court ruling, had liquidated terrorists included on the list, but had publicly released information on their killing which made it appear as if they had been killed during a normal military operation in which they posed a threat to IDF soldiers.  In reality, they were killed in cold blood.

In the memo, the army senior staff explicitly permit killing the victims even if civilians might be killed.  It also made no provision for capturing the wanted person alive.  The mission’s goal was death.  In another memo, the chief of staff specifically postpones a killing timed for the visit of a U.S. secretary of state.  In other words, the victim was not a “ticking bomb” and postponement of his death was a matter of political expediency as it would embarrass the government for it to happen during a U.S. diplomatic visit.

Haaretz published its story in 2008 thus embarrassing the IDF.  But as far as I know, the Supreme Court was not embarrassed enough to take any remedial action to ensure its ruling was respected.  Further, another part of the ruling directed the establishment of a committee to review these assassination and ensure they comply with the Supreme Court directive.  To this day, such a committee has not been established.

As late as 2009, the IDF announced it had killed wanted militants on the West Bank.  The army claimed they were armed and thus posed a threat, but even it admitted they had not fired a shot.  Palestinian witnesses claimed they were executed in cold blood.  As far as the Israeli military is concerned, impunity–but not the truth–goes marching on.

The Israeli who leaked these documents did a great service to Israeli democracy, even if she potentially violated a law.  What was worse–the IDF treating the highest court in the land with impunity while engaging in acts of savagery violating international law?  Or a young person who saw an evil and attempted to expose it?

Someone please tell me what kind of democracy allows its intelligence and military to run roughshod over the rule of law.  What kind of country allows its domestic intelligence service to arrest a journalist secretly and maintain her in detention secretly.  In what kind of country does a journalist simply disappear with other journalists and news outlets having no recourse to publish about it?  China?  Cuba?  Vietnam? Iran?  North Korea?  Is that what Israel is aiming for?  To be no better than countries ruled by despots?

I say to the Shin Bet and IDF: remove the gag order.  Allow your allegedly free press to report this story.  Don’t treat someone doing their duty as a citizen as an enemy of the state.  I look forward to the time when I can make my original post accessible once again.

There are several Hebrew sources which have reported on this story.  Here is a wonderful fable about an imaginary place called Shoo-Shoo land which disappears a journalist without a trace.  The ejournal of the Israel Democracy Institute, The Seventh Eye, has also written a tough critique of this incident, It Can’t Happen Here.  Unfortunately, there is almost nothing about this in English yet.