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Mohammad Said Kalash, "Offering Reconciliation" exhibit (photo: Ilan Amihai)

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Posts Tagged ‘israeli-supreme-court’

Amos Schocken: Israel ‘Apartheid Regime,’ ‘Jewish Lobby Addicted’ to Settlement Ideology

Saturday, November 26th, 2011
amos schocken

Haaretz publisher, Amos Schocken

Amos Schocken published an eye-opening, remarkably candid op-ed  (and Hebrew) in Haaretz about the extent of the catastrophe that Israel currently faces, which includes a raft of repressive bills and laws threatening everything from freedom of speech to freedom of the press to academic freedom to minority Arab rights.  We’re used to the agonizing of liberal Zionists who decry the obvious but always seem to stop short of acknowledging just how bad things are, and how radical the solution needs to be.  Schocken, to his credit, faces things I’ve never heard a liberal Zionist face, and calls a spade a spade in his article.  The “Jewish lobby” and even the Supreme Court come in for their share of criticism.

He begins with a 1993 speech by Yitzhak Rabin to the Knesset, in which he warns of the dangers of Iran seeking a nuclear weapon.  But unlike Netanyahu, who uses this possibility to spook the nation into submission to authoritarianism, in much the same way Bush-Cheney did in the aftermath of 9/11, Rabin tells Israel that we must seize on Iran’s pursuit in order to pursue peace:

The possibility that someday Iran might have nuclear weapons must worry us, and is one of the reasons why we must exploit this window of opportunity and progress toward peace.

What a difference a day and a prime minister make, don’t they?  Bibi the manipulator, the exploiter of national insecurity in order to bring a nationalist settler state; Rabin a wise warrior who knew the horrors of war well enough to know that peace was preferable to a nuclear arms race.  But, Schocken continues, Rabin’s way as represented by the Oslo accord was overwhelmed by the settler enterprise, one of whose acolytes assassinated him.

Though liberal Zionists like Gershom Gorenberg and many other Haaretz columnists have decried the settler enterprise for decades, few have been willing to acknowledge the rot it has caused inside Israel.  Few have been willing to go so far as to acknowledge it is likely to destroy nation.  For the conventional liberal Zionist, Israel can be saved by degrees, by small improvements, by nibbling around the edges of injustice.  Schocken seems beyond this.

To his credit, Schocken doesn’t flinch from seeing that mess Israel is in and calling it what it is.  Here are some memorable passages:

According to the Gush Emunim ideology, Israel is for Jews.  Not just the Palestinians of the Territories are irrelevant, but Palestinian citizens of Israel too are subject to the same oppression and denial of their citizenship.  This is a strategy involving seizure of territory and apartheid.

…This ideology sees in the creation of an Israeli apartheid regime something that is necessary to realizing its goals.  It has no problem with using illegal, even criminal acts because its sacred mission is seen as above the law and having no real relation to the laws of Israel.  Rather, it depends on a perverted interpretation of Judaism.

…This ideology has achieved some of its greatest successes in the U.S…Whether this is due to the enormous numbers of Christian evangelicals, or the problematic relationship between Islam and the west, or the Jewish lobby’s addiction to Gush Emunim, the results are clear: it may no longer even be possible for a U.S. president to pursue an activist agenda against Israeli apartheid.

Paragraphs like the last one will make Bill Daroff howl, as well they should.  Because Daroff is not Israel’s friend.  He is the settlers’ friend.  And we, like this wise newspaperman, must make a distinction.  We must tell the world, Jewish and non-Jewish, that there are Jews who have Israel’s long-term interest at heart, and those who will hasten its demise.  The “Jewish lobby” is in the latter category.  Everyone must know this.  We must not allow them to represent us or speak for us.  We must stop StandWithUs and The Israel Project (and sometimes even J Street) and their like to suck the oxygen out of the Israel debate.  We must tell them that they have no monopoly on either power or (self-) righteousness.

Schocken proceeds to link the lawlessness of “Israeli apartheid” to an upsurge in authoritarianism:

It cannot permit opposition or criticism.  It must eliminate the latter and frustrate any effort to restrain its actions…Any actions which are illegal must be made legal by rewriting the law or by reinterpreting existing law so that what was illegal is now redefined as legal.  Similar things happened before in other times and places [a distinct reference to Nazi Germany].

In such a historical context, we see bills against human rights NGOs, against the press and free speech, and an anti-boycott law which seeks to prevent anyone from dealing with Israeli apartheid in the same way the world dealt with South African apartheid.

Even the Israeli Supreme Court, the crown jewel in the apparatus of liberal Zionism comes in for harsh criticism:

It permitted the settler enterprise and essentially served as a partner to it.

But now, Haaretz’s publisher says, the Court has proven an impediment and must be eliminated as an obstacle to the triumph of this authoritarian regime.  Because the Court has refused to permit settlements on privately owned Palestinian land (i.e. land theft), the Court must be ‘packed’ with judges who themselves live on such land and who will recognize that there can be no such concept as privately owned Palestinian land, because this is Jewish land given to this people by divine decree.  Schocken notes the similarity in this theological approach between Gush Emunim and radical Islamists like Hamas (though I believe Hamas has shown far more flexibility in adapting its ideology than settlerism has).

Schocken closes by raising some deeply troubling questions:

Can there be any future for such an Israel?  Even beyond the question of whether Jewish morality and experience permits such a situation, it puts Israel into an inherently unstable, dangerous position.  It puts Israel into the predicament of living with, by, and under the sword.  Whether the sword is a third Intifada, overthrow of the Egyptian peace accord, or an Iranian nuclear weapon.  This Yitzhak Rabin understood [and Bibi does not].

I think we have to begin to use the F-word though the Israeli publisher doesn’t: we are seeing an incipient Israeli fascism.  Perhaps not yet full-blown fascism.  But like a cancer it begins with one cell and spreads to an entire organ and eventually infects the entire organism.  I don’t know whether this illness is terminal.  But it could very well be.  Temporizing no longer works.  Only a radical transformation can.  One that stamps out setttlerism as a viable political force.  One that embraces whole-heartedly democracy over Jewish triumphalism.  Note I did not say “Judaism,” as religion will play an important role in any future role.  But it will never, if Israel is to survive, give members of one religion the right to deprive members of another of their legitimate rights as citizens.

Abir Aramin Died in Vain

Sunday, July 10th, 2011
abir aramin

Abir Aramin, killed by Israeli Border Police (Alex Kolomoisky)

I know it will pain her father, Bassam if he reads these words, but how else to describe the shameful decision by the Israeli Supreme Court to refuse to hold accountable two Border Police officers who murdered the little, then-10 year old girl on her way home from school one day in 2007.  Bassam Aramin, is a co-founder of the Israeli-Palestinian NGO Combatants for Peace, and certainly knew suffering and heartache even before the brutes of the Border Police stole his beautiful daughter from him.

She was walking home from school and a Border Police patrol swept into town to provoke a confrontation with youths who played a cat and mouse game with them.  During one such confrontation a policeman fired a rubber bullet that tore the back of Abir’s head off.  Afterward, in a comedy of incompetence that government and border police blamed everyone and their brother for her death.  One of the most stupid was that the protesting youths threw a stone which killed her.  They blamed everyone but themselves.  An autopsy by the family and supported by B’Tselem, proved she was shot by a rubber bullet.  But a government investigation dismissed any wrongdoing on the officers part.  The family then brought suit.  This is the petition the Court dismissed:

The family petitioned the High Court and demanded proceedings be opened against the officers. After the Supreme Court ordered the State to explain why the investigation was not reopened, the State announced that after examining the case they will not file an indictment due to lack of sufficient evidence proving Aramin was hit by a rubber bullet. Furthermore, the State said they could not collect evidence from witnesses in the village of Anta, claiming they could not be traced.

And here is how the Supreme court, that bastion of justice and defender of democracy weaseled its way out of offering justice to the Aramin family:

Beinish remarked that as of now, four and a half years after the incident, Attorney General Yehuda Weinstein made a reasonable and professional call to not put the Border Guard officers on trial, stressing the lack of evidence in this case.

What lack of evidence?  The family did an autopsy, which the State refused to do, finding she’d been killed.  If memory serves, one of the officers testified that his colleague fired a bullet that may’ve hit her.  How much evidence do you need when a little girl has been needlessly murdered?  And how hard would it be to get it if the State really wanted to do so?  If this girl’s last name had been Fogel and not Aramin, justice would’ve been done in a heartbeat. The Supreme Court has given the green light to the criminals who stalk the hills and roads in Border Police uniforms.  They are child-killers and the highest court in the land allows them to kill with virtual impunity.  O the bitter taste of dust and ash in one’s mouth today from such a miserable miscarriage of justice!  Where is justice?  ”There is no judge and no justice,” to quote a shocking ancient Talmudic saying.

If you need to find but one incident that is emblematic of the tragedy that is the Israeli Occupation, you need look no farther.  This is it.  The very least we can do is to help build and maintain Abir’s Garden, a project undertaken in her memory in her village of Anata.

Israeli Public Inquiry: Shehadeh Assassination Justified

Sunday, February 27th, 2011
salah shehadeh

Salah Shehadeh and the sophistries of Israel's public inquiry into his murder

In 2002, after a smaller bomb failed to murder Salah Shehadeh, then Hamas military commander in Gaza, the IAF dropped a 2,000 pound bomb on a residential apartment building killing him and his entire family: 13 civilians in all along with tens of seriously wounded.

The Israeli NGO Yesh Gvul charged the IDF officers who planned and executed the attack with violations of Israeli and international law and filed a case with the Israeli Supreme Court.  In response, the Court asked the government to create a public commission to examine the charges.  The case languished for several years while various governments dithered about naming members of the commission.  Yesh Gvul went back to court and it finally commanded the government to create the board, which Ehud Olmert did in 2008.  He originally appointed Brig. Gen. Tzvi Inbar to chair the body, to whom he added Gen. Yitzhak Eitan and senior Shabak officer, Yitzhak Dar.  After Inbar’s death, Bibi Netanyahu appointed retired Judge Tovah Sternberg-Cahan to head the board.  I’ll leave it to you to judge whether this was a truly independent and fair investigation.

It’s only taken three years, but the group has finally figured out how to successfully white-wash the crime (English version) in its final report.  The thinking is so perverse, the language so bureaucratically chilling and morally vacuous, that it’s worth quoting extensively from the Walla artcle (which also quotes the lanugage of the report):

Nine years after the assassination of Salah Shehadeh, a special commission found it unnecessary to take personal action against those [IDF officers] involved in the operation.  With that, the commission found that the murder of 13 civilians was “disproportionate and derived from an intelligence failure.”

The commission…determined that there was no legitimate suspicion of commission of a criminal act connected with the operation…It found the operation was a “legitimate preventive attack” and that killing Shehadeh was an “urgent and meaningful.”

It attributed the intelligence “failure” to ‘errors of evaluation’ and ‘mistakes of judgment’ in gathering information and distributing it to various elements involved in the operation.

Those IDF officers charged with involvement in the incident explained the “gap” by noting the need for urgent action once it was determined that Shehadeh was vulnerable to attack.  The commission responded that such reasoning “explained the failure but didn’t justify it,” whatever that means:

The intelligence failure emanated from various reasons which attached more important to killing the target and less weight to ‘endangering’  civilians as a result of this attack…This accompanying result [killing civilians] was unintentional and unexpected.  It did not derived from a disrespect for human life or [depraved] indifference to human life.  Those involved displayed a sensitivity to the issue of [harm] to those uninvolved.  Those engaged in the operation testified to the commission that had they known the severity of the outcome beforehand and with enough time to do so, they would’ve cancelled it.

The board specifically commended then deputy chief of staff , Gabi Ashkenazi, for opposing the killing using the operational plan that had been approved.  Even those who opposed the operation acceded to their superiors and participated in the killing.

The commission advised the IDF how to proceed in future when devising similar plans:

Proportionality is an important principle from which one derives that an attack of this sort is not legitimate if the danger of excessive harm to civilians exceeds the military value of the target.

However, it even permitted a loophole from this protocol by admitting that there may be instances in which pressures of time, place and opportunity which apply to pre-emptive strikes:

In such instances it is permitted to deviate or restrict adherence to such principles except insofar as they might damage principles of law and the precedents of the Supreme Court.

The board’s report approved the continuation of the IDF’s policy of targeted killing:

Despite the result in this case, pre-emptive attacks are a legitimate tool in the war against murderous terror as long as they adhere to the principles of justice and the ethical-moral values that serve as the foundation of Israeli and international justice.

Yesh Gvul has announced that it will appeal to the Supreme Court and ask for the appointment of an official government commission of inquiry.

A few comments on the passages above: any IDF officer who testified that army intelligence didn’t know civilians were in that apartment building or didn’t know civilians would be killed in the attack was lying.  The bomb dropped was specifically designed to destroy the entire building (as it did).  The IDF knew of Shehadeh’s every movement, and certainly monitored his stay in his own home along with the presence of any resident in the building.  To say they didn’t know who was there is simply preposterous.  I expect the military to lie.  But I don’t expect judges to accept such lies wholeheartedly.  But unfortunately this is customary in many national security cases.

But why should we be surprised?  Israel’s Occupation itself is built on a lie.  A lie which many Israelis willingly accept and benefit from in their everyday lives.  Should it surprise us that Israeli officers would lie in order to protect the honor of the IDF and the state it defends?

It’s also important to note that at the time of the assassination the leading Fatah and Hamas figures, Marwan Barghouti and Sheikh Yassine, had agreed to a formal unilateral ceasefire with Israel. The latter’s agreement to the declaration came only two hours before the assassination of Shehadeh.  Israel’s claim all along was that militants controlled the PA and any agreement that omitted them wouldn’t be worth the paper on which it was written.  To that, the Palestinians responded by enlisting the very “terror” groups needed to ensure the success of the ceasefire.  Their declaration was unilateral and unequivocal.  Newspaper articles were being prepared for publication in the Washington Post and Haaretz to herald this constructive development.

Israel’s answer was a 2,000 pound bomb on Salah Shehadeh’s home, thus destroying one of the most promising attempts of the era to negotiate peaceful terms between Israel and the Palestinians.  This is how the military-intelligence apparatus deals with opportunities for peace.  It wrecks them.  Deliberately.  And then takes whatever small amount of heat may come its way.  The heat is worth the danger of serious peace negotiations, which would rock the status quo the IDF finds so comfortable.

International law is predicated on giving an opportunity to nation states to first adjudicate violations that occur on their territory or at the hands of their representatives.  Israel’s attempt to do so has failed.  This leaves the International Criminal Court and other international bodies with no recourse but to agree to accept jurisdiction over this matter.  Israel engaged in a shameful whitewash that has excused all military personnel of any culpability.  But the world community must not let Israel’s military to escape with impunity.

Israel’s Supreme Court Confirms IDF General’s Impunity

Thursday, February 3rd, 2011
edna arbel

Judge Edna Arbel: rewarding IDF impunity

When Ehud Barak designated IDF general Yair Naveh to be deputy chief of staff, Yesh Gvul filed a complaint seeking an injunction barring Naveh from taking the position because of his approval of targeted assassinations of unarmed Palestinian militants.  It claimed, based on reports by Uri Blau and documents leaked by Anat Kamm, that these murders violated a Supreme Court ruling.  In addition, Naveh flagrantly dissed the Supreme Court itself in remarks he made to Uri Blau.

So for those of you who admire the Supreme Court as the highest expression of Israeli democracy, may want to reconsider when you discover that the Supreme Court, in a ruling written by Judge Edna Arbel, rewarded Naveh for his insolence by dismissing the Yesh Gvul petition, though it did have some mild criticism for Naveh’s effrontery.  This means that the one time when the Supreme Court had an opportunity to weigh in on the question of what these killings did violate explicit Court rulings barring such acts, it chose to ignore the opportunity and punt.  A true mark of judicial courage and the flourishing of Israeli democracy.

The lone Israeli Palestinian judge levelled criticism on Naveh about his crudities:

We must focus on the fact that this individual who filled a high-level position in our society assumes for himself the freedom to express himself in a fashion which alludes to his disparaging views of the judicial system and the principle of the rule of law.  He should remember that his nomination to a public role, let alone a very high level role, conveys on his not just rights, but obligations which continue even after his role is completed.  One of those obligations is to serve as an example to society and to soldiers serving under his command in honoring the rule of law in general and the decisions of the court in particular.

The statements of the respondent are problematic not only because they encourage defiance of the rulings of the court and lack of faith by society in the judicial system and the principle of the rule of law which obligates every citizen.

To which I reply, that’s all very nice and perhaps this lone judge knew he had no support among the others for overturning the appointment, but this is little more than a slap on the wrist.  The decision overall rewards impunity and the words above are worth little unless the judges were willing to back them up with action.  And they weren’t.

The truth is that only on very rare instances is the Court prepared to do the job that such courts do in other true democracies.  Concerning security matters. the Israeli version almost never questions the national consensus and the State’s position.  The truth is that the Court gets good press it hardly deserves and gets little of the criticism it does deserve.  That’s because apologists like Tom Friedman are busy proselytizing for Israeli democracy while ignoring its flagrant flaws.

It is clear to almost any reasonable observer that the Naveh killings violated a Supreme Court ruling prohibiting assassinations when the victim was unarmed & could be apprehended without murder; or when civilians would be in the line of fire.  Both conditions were violated in this case.  The Court had the evidence clearly in front of it and could have ruled so that similar future IDF procedures would ensure consistency with judicial decisions.  Instead, it chose to defer to the military because, in Israeli society, the military always knows better.  All that this decision has taught IDF generals is that they should keep their mouth shut when they intend to flagrantly violate court decisions.

In other situations the Court behaves no differently.  Years ago it ordered the Apartheid Wall to be moved in certain portions.  Yet the IDF has so far stalled without paying a price for its obduracy.

On a related note, now that Yoav Galant‘s appointment has been vacated by Barak and Bibi, the government is put in the weird and dysfunctional position of not having any fully vetted or kosher candidate.  Knesset members are up in arms and Bibi/Barak’s plan to appoint Naveh as interim chief of staff has run into opposition.  You can’t appoint a chief of staff without vetting the name with the Turkel Commission.  And Naveh’s name hasn’t been vetted.  So the government’s plan to appoint Naveh bypassing Turkel has drawn fire.  Now there are calls to extend the current chief of staff’s term as a stopgap measure.  But Barak hates Ashkenazi with a passion and wants him gone.  It’s a big mess and a perfect reflection of the dysfunction of the current government.

Galant is Out, Naveh is in as Interim IDF Chief of Staff

Tuesday, February 1st, 2011
yair naveh

Yair Naveh, interim IDF chief of staff: 'Stop bothering me with the Supreme Court!'

Galant is out.  Naveh is in, at least temporarily.

It appears my fears of yesterday are being realized regarding the replacement for Yoav Galant as IDF chief of staff.  Any sentient person realizes that whoever takes that post will have blood on his hands.  And indeed, the new interim candidate is Yair Naveh, an officer with a past equally tainted as Galant’s was.  It was Naveh who ordered the assassination of unarmed Palestinian militants, a potential war crime which motivated Anat Kamm to leak documents from his office when she worked there.  It was Naveh who, when asked by Blau why he didn’t respect the rulings of the Supreme Court regarding targeted killings said:

“Stop bothering me with the rulings of the Supreme Court.  I don’t know when they apply and when they don’t.  I do know that targeted killings work and prevent terror attacks.  I take my orders from the operations command [and not human rights activists].”

When asked by Blau: “Why do you approve beforehand an attack on an unidentified target [an innocent bystander],’ Naveh answered: ‘These are questions you shouldn’t direct to me.  These matters are approved at the level of the prime minister and what is done is done.

This is what will now command Israel’s national army brought up with its mother’s milk to believe in the concept of the “purity of arms.”  A laughingstock is what it is I’m sorry to say.  Naveh implicitly accepts Blau’s terms by acknowledging that he’s contravened the rulings of the Court by saying that his commanders and prime minister are his ultimate authority and not some puny court.  Is this the rule of law?  Or the law of the jungle?

It’s a bitter irony that in responding to a Supreme Court appeal against his nomination, again by Yesh Gvul, to be deputy chief of staff, Naveh had this to say (now) about the Supreme Court:

As a citizen and soldier of the State of Israel I feel respect for the High Court, its judges, and decisions.  As an IDF commanders, the rulings of the Court are ones that I do not dispute.  This is how I conducted myself when I was senior officer of the Central Command, and how I conduct myself now.

Look.  What do we expect.  Israel’s army and politics, again I’m sorry to say, is a place in which liars, fools, sex fiends, charlatans and thieves rule.  That’s why Galant was tripped up.  It’s why Yair Naveh can lie through his teeth with a straight face when it suits him.

The Walla report on this story notes that Naveh did not dispute that he uttered these words to Blau, but rather that the reporter ‘misinterpreted’ them, the language of scoundrels everywhere caught out in a lie they seek to take back.  He finesses the matter now by saying that he relied on the orders he was given by his superiors presuming that they followed the rulings of the Court.  I don’t know about you but I think I’m going to be sick.

I’d almost rather have Moshe Feiglin be chief of staff.  At least you know he wouldn’t waste his breath with nonsense like this.  He would tell the Court to shove it and dare the Court to take action against him.  Then we could have a real test of democracy and see who would win.  But with liars and scoundrels like Naveh, democracy and the rule of law don’t stand a chance.  The Court laps up what Naveh put before it today and will gladly approve his nomination because it wants to trust him.  It doesn’t have the guts to doubt him.  That’s the tragedy of Israeli democracy.  No one is minding the shop.

And as if we don’t have enough to be disturbed about regarding Naveh, it was he who, as CEO of the Jerusalem light rail project, determined that cars be segregated by gender so as not to offend the sensibilities of the Haredi community.  When women’s groups were up in arms, he responded by saying he was honoring the civil rights of the Orthodox community!  Clearly, this is a guy with a Teflon mouth capable of talking his way out of almost any embarrassing situation.

Israeli Supreme Court Affirms Deportation of Nobel Peace Laureate, Maguire

Monday, October 4th, 2010
maguire stands before rachel corrie

Nobel Peace laureate Maguire stands before the MV Rachel Corrie before sailing for Gaza (AP)

In a ruling that should bring shock and disdain on Israeli jurisprudence throughout the world, the Supreme Court ruled that the intelligence services and Interior Ministry were right in excluding Nobel Peace laureate, Mairead Corrigan Macguire from Israel as punishment for her sailing on the Rachel Corrie in order to break the Gaza blockade.

In effect, Israel’s highest court has implicitly ratified the blockade as a legal act under Israeli law, a view contrary to international law.  It has also ratified the blatant security policy of excluding political undesirables merely because they criticize Israeli government policy.  Interestingly, a significant minority of Israeli society shares those same views, but because they are citizens the security services do not (yet) have the power to exclude them.

For those who enjoy debating my views, I should make clear that Israel and other countries have every right to exclude anyone they wish from their countries.  They usually don’t have to give rhyme or reason.  But in rejecting entry of some of the world’s most distinguished intellectuals, peace activists, and clowns from Macguire to Chomsky to Finkelstein to Ivan Prado, Israel betrays to the world its shrinking from democratic values, free debate, and political diversity (for God’s sake..afraid of a Spanish clown???).  In other words, the nation shows its true colors to the world and can no longer argue it is what most know it isn’t: a democratic society which values free speech for all.

Laughably, the court suggested that the authorities should have allowed Maguire to enter the country using a 48 hour visa to attend the conference she was planning to address.  In that case, I wish the Supreme Court judges who rendered this stupid ruling were instead lowly immigration officials so they could’ve acted sensibly in place of the stupid decision made to exclude her.

Also laughably, the court suggested that the proper route would’ve been for Maguire to protest her exclusion by the Interior Ministry before attempting to enter Israel.  Why should she honor an unjust and corrupt system by engaging in such a charade?  Everyone knows she would be denied, and once denied and after appealing her denial, she would still be rejected; and if she THEN attempted to enter Israel the court would STILL have ruled against her finding a different ground on which to do so.  Once again, I make the point that even Israeli highest court is loathe to second guess security decisions even those having no rhyme, reason or justification in democratic values or common sense.  It is, as Israel’s media have also pointed out, a rubber stamp for the security apparatus.

Barak Appoints IDF Deputy Chief of Staff Who Violated Supreme Court Ruling on Targeted Killings, Advocated Segregating Women on Jerusalem Light Rail

Monday, October 4th, 2010
yair naveh accused war criminal

Yair Naveh: next IDF deputy chief of staff (Daniel Bar On)

Defense Minister Ehud Barak today appointed as new IDF deputy chief of staff, Maj. Gen Yair Naveh.  Naveh is notorious for ordering targeted assassinations of unarmed Palestinian militants in defiance of a Supreme Court ruling, then lying about it.  His command also observed such slipshod security arrangements that Anat Kamm easily managed to copy several hundred secret documents which she passed on to Uri Blau.  In most other self-respecting western militaries, Naveh would have faced disciplinary charges for such a lackadaisical approach.  Finally, Naveh has been director general of the Jerusalem light rail project, who polled Jerusalem residents about their interest in practicing gender segregation on the new mass transit system.  When the poll came to light, Naveh defended the notion:

“The train was built to serve everyone,” Naveh said in defense of his proposal, adding, “I think it is necessary to create alternatives for everyone.” In his view, “It is not a problem to declare every third or fourth car a mehadrin [super-kosher] car.”

Now, can we say that this surprises us given the IDF’s record of wholesale violation of Supreme Court rulings and Palestinian human rights?  No.  Barak himself is a willing participant in this system and has personally murdered unarmed Palestinians in their beds himself.  But I must say it does give one pause.  Is this the image that Israel wishes to project to the world?  Of naming to a top command someone who is a cold blooded killer and law-breaker, who practices virtually non-existent security procedures in his own office, and who is willing to violate the civil rights of women to curry favor with the ultra-Orthodox who make up a significant portion of Jerusalem’s population?

I look forward to a time when Naveh is brought before the Hague and perhaps Barak will be joining him there along with Palestinian militants who’ve killed Israeli civilians in cold blood.  They deserve each other.

Israeli Supreme Court Justice: ‘Never in My Life’ Saw Case in Which State Refused to Produce Suspect in Court

Wednesday, July 21st, 2010

Israeli Supreme Court Justice Edmond Levy has a very selective memory (Hebrew).  Only when he faces the case of suspected settler terrorist Chaim Pearlman, who has been denied access to counsel by the Shin Bet and was a no-show in court, does he say: “Never in my life have I seen such behavior.”  Apparently, he’s forgotten the fact that the Shin Bet routinely treats its Israeli Palestinian suspects in the same fashion: most recently Ameer Makhoul was honored with such treatment.  But then again, a Supreme Court justice can’t be expected to remember that they are citizens who should have the same rights as Chaim Pearlman or any other Jewish citizen.  That’s what I mean by a selective memory.

Levy is also pissed that the Shin Bet refused to allow Pearlman to be present at his hearing–again treatment routinely accorded Israeli Palestinians (Makhoul among them).  He’s ticked that Pearlman is also held in solitary confinement:

It is not possible that such suspects should be held in isolation from the outside world and unaware of the rights.  I’ve never seen such treatment in my life.

Has he missed the case of Mr. X, the prisoner held incommunicado at Ayalon Prison?  We don’t even know who he is, let alone what he’s done.  And Mr. X has no access to counsel or anyone at all from the outside world including family.  Apparently Levy doesn’t read the Israeli press or he might know what goes on in side the Israeli intelligence and justice system.  I thought that was part of his job as a justice.  I guess a justice can “hear what he wants to hear and disregard the rest.”

It is rather amazing though that the Shin Bet defied even a Supreme Court justice who specifically demanded that a suspect be produced for a hearing.  I can understand their pulling that s(^t with a Palestinian suspect, who would be expected to be accorded lesser rights–but a Jewish one?  Now that takes b(&^)s.

It’s also rather comical in a dark sort of way, that right-wing Jewish terror suspects start sounding precisely like Israeli Palestinian terror suspects.  This is a comment from the brother of a second suspect accused of aiding Pearlman’s terror spree:

Sitbon’s brother, Menachem, said “the Shin Bet couldn’t care less about the judge’s decision. This is dictatorship.”

Another of Sitbon’s relatives said this:

…The Shin Bet’s conduct harms the values of democracy and human rights.”

When right and left agree about the nature of the Shin Bet I don’t know whether to celebrate or weep (or both).  Of course the Israeli far-right believes in democracy–that is a democracy that accords them rights and deprives non-Jewish citizens of the same rights.  So these claims ring hollow.  But it is still interesting that at least nominally they are bedfellows, and strange ones.

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