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Sarajevo haggadah

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Torah as music

Ben Heine

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

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Punch and Judy/Pinchas and Jamila

Avi Katz

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David Grossman

Ben Heine

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Eldrige Street shul

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Dove

Ben Heine

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Hoda Jamal

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Israeli and Palestinian boys

from documentary, Promises

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Daylight through the Wall

Banksy: graffiti art on Separation Wall

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Maurice Sendak's Brundibar set

New Victory Theater (photo: Nan Melville/NYT)

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Daniel Barenboim, West-Eastern Divan Orchestra

Palestinian-Israeli musical ensemble (photo: Kerstin Joensson/AP)

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Great Day on Eldrige Street

N.Y.'s klezmer greats celebrate shul rededication (photo: Leo Sorel)

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Joint Appeal for Peace

(Avi Katz)

Joint Appeal for Peace

Ketubah, Ancona, Italy (1772)

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Ancona ketubah

Posts Tagged ‘israeli-supreme-court’

Israeli Investigation of Gaza Flotilla in Disarray, Chairman Threatens Resignation, Bibi Relents

Tuesday, June 29th, 2010
tirkel commission members

Tirkel Commission members Horev, Tirkel and Rosenne: the geriatric brigade (GPO/Getty)

After the Israeli NGO Gush Shalom filed a complaint with the Supreme Court seeking to disband the Tirkel commission investigating the Mavi Marmara disaster, the chairman, retired Supreme Court Justice Yaakov Tirkel, threatened to resign (Hebrew–and in English).  He demanded the government expand his powers and transform the commission into an official state commission with full powers to subpoena witnesses and define its own mandate.

Faced with a serious legal challenge and the potential disintegration of the investigation, the government relented and gave Tirkel what he wanted.  But it remains to be seen what this may signify in the greater scheme of things.  You remain with a commission heavily weighted toward letting the IDF off the hook for the massacre that occurred given the history of the members I’ve outlined in earlier posts here.

For proof of the expected outcome you have only to look as far as Bibi’s “mandate” to the commission when he first announced it:

The creation of this commission will confirm to the entire world that Israel acts according to law, with transparency, and full accountability.  Two central principles informed my considerations: preserving the freedom of action of the IDF and trust in the military investigation; and providing a convincing response to the responsible nations within the world community (viz. the U.S.).

Clearly, Bibi doesn’t want a true commission of inquiry like the 9/11 Commission.  He wants a convincing bit of hasbara which will give the IDF a clean bill of health and get the world off its back so it can go about its business of maintaining the siege and Occupation.

If Tirkel was a sophisticated advocate of Israel’s case he would make the case to Bibi that a commission that has full powers and exonerates the IDF will be more convincing to the world than an emasculated panel which does the same.  I still see little likelihood that the truth will come out or anyone will be held accountable for the obvious (to all but Israel) failures of this operation.

If anyone who is serious about human rights and democratic values (that leaves you out, Gerald Steinberg), you need look no further than Gush Shalom’s High Court petition to see the absolute necessity of such Israeli NGOs acting as a watchdog over the Israeli government and its machinations.

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Israeli Chair of Gaza Flotilla Attack Investigation Doesn’t Believe It Should Exist

Monday, June 14th, 2010
yaakov tirkel

Supreme Court justice Yaakov Tirkel to chair Gaza panel, whose premises he disputes (Haaretz)

This is getting damned strange. The Obama administration and Israel have been haggling for a week over the nature and composition of the supposedly independent commission which will investigate the Gaza flotilla disaster. We hear that the U.S. demanded that someone of judicial “stature” like a Supreme Court justice be appointed as chair. Bibi finally acquiesced and appointed Justice Yaakov Tirkel. But there’s one problem. The incoming panel chair doesn’t seem to believe in the panel. Here is how Haaretz characterized the judge’s remarks in a searing editorial attacking the commission:

Netanyahu’s panel will have no powers, not even those of a government probe, and its proposed chairman does not believe in such a panel. In an interview to Army Radio, Tirkel said there is no choice but to establish a state committee of inquiry. He opposed bringing in foreign observers and made clear that he is not a devotee of drawing conclusions about individuals and dismissing those responsible for failures. When a Haaretz reporter confronted Tirkel about these remarks, the former justice evaded the question saying, “I don’t remember what I said.

One of the two international “observers” David Trimble, is a co-founder of the newly launched Israel advocacy group, Friends of Israel, joining John Bolton, Dore Gold, and Spain’s former right-wing prime minister, Jose Aznar.  At its founding, the group released this statement:

This initiative “is promoted by people who are not Jewish and whose motivations are based on the deep conviction that Israel is part of the Western world. In fact, today Israel is a fundamental actor for the future of the West. Although the peace process is important, the members of Friends of Israel Initiative are more concerned about the onslaught of radical Islamism as well as the specter of a nuclear Iran since these are threats affecting not only Israel, but the entire world.

…The sponsors of this Initiative believe there is no West without Israel.”

Ironically, Friends of Israel announced its inauguration the day after the Mavi Marmara massacre.  Can anyone possibly believe that David Trimble is a disinterested party capable of sitting in judgment (even as an observer) of the IDF’s behavior in this matter?

Also joining the Israeli investigative panel will be an IDF major general.  Does anyone detect a slight conflict of interest here?  How can a senior officer of the IDF sit in judgment of the IDF in what is supposed to be an “independent” panel?

Haaretz’ editorial also called the flotilla investigative body a “farce:”

The government’s efforts to avoid a thorough and credible investigation of the flotilla affair seem more and more like a farce. The conclusions of an ostensible probe are intended to justify retroactively the decision to blockade Gaza, to forcibly stop the Turkish aid flotilla in international waters and to use deadly force on the deck of the Mavi Marmara.

To make the costume seem credible, the Prime Minister’s Bureau asked a retired Supreme Court justice, Yaakov Tirkel, to chair the committee. Alongside him will sit foreign observers in order to legitimize the conclusions in international public opinion.

…As far as Netanyahu is concerned, it will be enough for television channels to broadcast footage of dark-suited jurists, and politicians addressing them, to present the semblance of an “examination.”

The Obama administration, ever willing to throw out a lifeline to Israel’s right-wing government, welcomed the fraudulent panel:

…The White House press secretary issued a statement hailing the Israeli announcement as an “important step forward.” The statement added that “the structure and terms of reference of Israel’s proposed independent public commission can meet the standard of a prompt, impartial, credible and transparent investigation,” as sought by the United Nations Security Council.

“But,” the White House cautioned, “we will not prejudge the process or its outcome and will await the conduct and findings of the investigation before drawing further conclusions.”

He better give himself that “out,” as this panel will satisfy no one but the B-boys, Bibi and (possibly) Barack.

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Spanish Supreme Court Rejects Shehadeh War Crimes Jurisdiction

Thursday, April 15th, 2010
Salah Shehade

Salah Shehadeh, assassinated by IDF in 2002 (Image via Wikipedia)

The Israeli army has won a victory on behalf of impunity in its war against the Palestinian people with this week’s announcement that the Spanish High Court has rejected jurisdiction over the case of the assassination of Palestinian militant Salah Shehadeh and 18 civilians by the IDF in 2002.

After an appeal by Israeli human rights lawyer Michael Sfard to the Israeli Supreme Court, the State established the Inbar commiittee, ostensibly to investigate the incident and determine whether criminal charges were warranted. As insurance, anti-Occupation activists brought cases against the IDF principals in Britain and Spain.

Now it appears likely Gens. Doron Almog and Dan Halutz, the senior chain of command for the attack, may never be held accountable.  The Spanish court, in its decision pointed to the creation of the Inbar committee as proof that Israel itself was pursuing its own investigation.  Under international law, the nation in which the violation occurred is given first opportunity to prosecute the case.  If they don’t, then other states may take up the case.

The hypocrisy of the Spanish decision is noted by Sharon Weill’s International Journal of Criminal Justice article in which she described the members, structure and mandate of the Inbar committee:

…Following the recommendation of the HCJ [Israeli High Court of Justice], the state agreed to establish an objective and independent commission of inquiry investigating into the killing of Salah Shehadeh. The structure, nature and mandate of that commission would be entirely determined by the state: the very entity whose actions were to be investigated. On 23 January 2008, the commission was appointed by the Prime Minister: it was composed of three members, two of them former Military Generals and another a former official from the security services.

The commission was mandated to investigate the legality of the killing of Salah Shehadeh according to the same legal framework as a military inquiry….While all the procedures, testimonies and even the final report remain confidential, it is authorized to bring to the attention of the relevant authorities criminal recommendations. Later on, if theMilitary Advocate General finds that there is a basis to open a criminal investigation, he can do so only after consulting a Major General.

Brig. General (Res.) Zvi Inbar, formerly the Military Advocate General and the Knesset Legal Counsel was appointed head of the commission; with him were appointed as members of the commission Maj. General (Res.) Iztchak Eitan, formerly the head of the IDF Central Command and Mr Iztchak Dar, who formerly held a large number of operative positions in the General Security Service (GSS), amongst others as the Head of the Service’s Israeli and Foreign Interests Section.

In other words: the fix was in.  Proof of this is that since its creation in 2008 it has not actually investigated the incident, let alone made recommendations.  And as Prof. Weill points out the longer the period from the actual crime to its investigation the greater likelihood witnesses die or disappear and evidence is lost or compromised.  Given Israel’s reputation in these matters this certainly shouldn’t be suspected in this case.

The inactivity of the Committee hasn’t stopped both the Israeli and Spanish Supreme Courts from pointing to its existence as proof that Israel was dealing with the matter.  So here you see the weakness of international law, which allows accused nations like Israel to use smoke, mirrors and obfuscation to exploit loopholes.  In addition, often the legal systems of other nations which might eliminate such impunity refuse to do so out of lack of political will.

Israel, of course, takes maximum advantage of this situation.  Like many authoritarian regimes and serial human rights violators, it develops maximally bureaucratic responses to maintain the network of terror and impunity behind the Occupation.  Whether this involves appropriating (i.e. stealing) Palestinian private land to build settlements or undermining the principle of universal jurisdiction, such regimes become quite skilled at the game.

But this doesn’t mean the game is over.  It means a skirmish has been lost and activists must redouble their political and legal efforts.

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Israeli Far-Right, Media, Shin Bet Baying for Kamm’s Blood

Saturday, April 10th, 2010

Here in the U.S. we too have our Teabaggers with their foul hate spewing against African-Americans, gays and even our president.  We’ve also seen our share of political violence including presidential assassinations.  But still little prepares you for the frenzied, teeth-baring rage to which Anat Kamm is being exposed in the Israeli media and pages of Facebook.  I’m displaying some of the relevant graphics here.  I don’t know whether to complain to Facebook about the existence of groups calling for the execution of a fellow human being or to leave the pages up as Exhibit A in the venom spewed by these vulgar hooligans.

Here are some of the relevant passages:

Maariv main headline: “Grave Espionage”

Execute Anat Kamm: We must eradicate leftism from our nation”

Anti-Zionists have advanced all the way to here [prison]: that she should never see the light of day, the disgusting piece of garbage”

I too want Anat Kamm executed: what do you say?  Electric chair or hanging?”

“Declare Haaretz a terror organization”

I call upon all Israelis, Diaspora Jews and lovers of democracy everywhere to stand against this odious venom.  I would like to see a group of legal scholars and jurists organize to rebut the heinous charges and persecution being meted out to both Kamm and Uri Blau.  I too am hoping that bloggers and journalists may create an organized campaign inside and especially outside Israel against this McCarthyite vigilantism.  Just as Israel was embarrassed into removing the gag order we must try to make Israel embarrassed that the hounds are baying for the blood of a fellow Israeli merely for the fact that she released documents that reveal the immorality and even illegality of IDF actions in the Territories.

This is the face of Israeli rightism exemplified by Lieberman and those farther to his right.  But there is no question that the IDF and Shin Bet themselves are contributing to the lynch mob mentality by releasing deeply misleading, histrionic claims about the damage Kamm did to Israeli security.

Now, they are claiming that Uri Blau sought to publish an article exposing IDF battle plans the week before Operation Cast Lead.  They bray about this as if Blau was whispering the words into ear of Hamas’ military wing.  In fact, Haaretz’s Amos Harel later reported that these very same battle plans were tantamount to war crimes in the blatnat disregard with which they treated Palestinian civilian life.  The Israeli shreying for Uri Blau’s head have a fatal inability to understand what Israel is supposed to be: not a State of cold blooded killers virtually executing old men, women and children as happened all too often in Gaza in 2008 and Lebanon in 2006.  Is that language too sharp for you?  Well, what else do you call free fire zones in which IDF soldiers are told to kill ANYTHING that moves as happened during Cast Lead?  This is testimony straight from soldiers given such orders.  I didn’t make it up.

And if those battle plans called for Israel invading and occupying Gaza and expelling Hamas as I believe likely–is that not information which any well-informed citizen should wish to be informed of?  And if the battle plans called for mass expulsion of Gazans as I understand it did from an informed source: is this not information the public has a right to know in order to determine whether Cast Lead was justly conceived and executed?

The rightist hooligans, newspapers and Shin Bet spokespeople crying treason and other horrid epithets should also recall that Haaretz presented this Blau article to the military censor who initially approved it, whereupon Haaretz printed the edition.  When the IDF asked Haaretz to remove the edition from circulation it did so.  So how was Israel’s security compromised??  The article never saw the light of day.  Blau never gave away “state secrets.”  Haaretz acceded to the wishes of the army.

I remind my readers that what Kamm and Blau did is almost precisely what Daniel Ellsberg and the NY Times did in the Pentagon Papers case.  Ellsberg revealed Pentagon position papers and strategic doctrine regarding the Vietnam War.  The president, defense and intelligence establishment had a holy fit.  And guess what happened?  The Papers were published as far as I know without censorship.  Ellsberg wasn’t charged with treason and didn’t serve a day in jail.  The Republic didn’t fall.  North Vietnam didn’t win the war as a result of anything it read in the pages of the Times.  In fact, many of us believe the Ellsberg case was one of America’s shining hours as a democracy.  Is it wrong to demand anything less of Israel?

An Israeli source sent me an e-mail with some acute observations about the most recent developments in this case:

First, he notes that just before the gag order was rescinded, Ehud Barak announced that he had refused to extend Gaby Ashkenazi’s term as chief of staff.  There may be many reasons for this, but one very suggestive one might be an attempt to remove the current chief of staff from the mix involving this case.  If there is ever a full trial involving this case, Ashkenazi is up to his eyeballs in it and approved the illegal assassinations highlighted in one of Blau’s reports.  There may even be further revelations in some of the as yet unpublished documents that further sully the chief of staff’s reputation.

My source notes that it wasn’t just the IDF that performed these illegal targeted killings.  They were prepared along with Shin Bet teams as well.  Which means that the Shin Bet is also implicated in this wrongdoing.  If the Supreme Court ever develops the balls to haul these jokers in to ask them where they get the effrontery to disobey a Court ruling it will be the Shin Bet as well as IDF which will have to answer.  That might explain the desperation of the intelligence services to hang onto the gag order far after it outlived its usefulness.

He ends his message with this passage which I found touching and empowering:

I hope that if these issues can be raised in the foreign media through you and others, there will be a chance that they can penetrate the Israeli media as well.

He flatters me and my influence.  But some people have listened to what I have to say here.  With the help of my readers in Israel and the Diaspora, people will continue finding the material I publish here important for understanding this critical case for Israeli democracy.  Tell your friends about this blog.  If we’re going to change minds and have an impact we need the largest audience we can muster.

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Shin Bet to Announce End of Kam Gag Order

Wednesday, April 7th, 2010

Noam Sheizaf reports that finally, humbled by the disdain of the entire Israeli nation, the Shin Bet will announce tomorrow morning the end of the gag order on the Anat Kam-Uri Blau case.  This is a feeble attempt at damage control, as every major Israeli media outlet has heaped scorn and derision on the police, courts and intelligence services for their attempt to prevent the nation from knowing formally what almost every Israeli knows informally: that Anat Kam leaked top secret IDF memos which revealed senior commanders flagrantly disregarded a Supreme Court directive limiting targeted killing of Palestinians.  In fact, the top brass not only thumbed their nose at the Court, they lied about the assassination and claimed the victims resisted (meaning they got what they had coming to them), which they did not.

Everything about this case reeks to high heaven, except the good citizens who leaked the document (Kam) and her journalist-collaborator, Uri Blau, who published the expose in Haaretz in 2008.  It reeks even more because the Court has done nothing to force the issue and the IDF remains accountable to virtually no one on this and most other security issues.

We must keep the Israeli public’s eye on the fact that the wrongdoers here are neither Kam nor Blau, who remains in exile in London because the IDF and Shin Bet want a piece of him as well.  The wrongdoers are the ones with medals and epaulets.  To the extent that the police continue pursuing the whistleblowers, we will continue to make them pay a price for that by pointing out that such a pursuit is inimical to the values of a free, democratic society, which Israel likes to claim it is.

If and when Uri Blau returns to Israel he should be feted by any Israeli, even ones opposed to his views, as someone who embraced values of skepticism in the face of government power.  I doubt it will happen, but it should.

The next major milestone is the Kam trial scheduled to start on April 14th if she doesn’t work out a plea bargain with the prosecution first.

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Anat Kamm: the Story That Dare Not Speak Her Name

Sunday, April 4th, 2010
anat kam

Anat Kam in more carefree days

If you’re an Israeli editor or reporter, you know what thousands of other Israelis know.  That Anat Kam is under house arrest for allegedly leaking up to 1,000 top secret IDF documents to Haaretz reporter Uri Blau, who’s been writing some of the most hard-hitting exposes about army and defense ministry malfeasance over the past year or so.  You also know that Blau is in self-imposed exile in London aware that the police want him for questioning in the case and that Haaretz’s lawyers are negotiating for his return.

You know that there is a prosecution-requested gag order on the fact that she was arrested and the reason for her arrest, which makes her the most widely known “disappeared” person possibly in the world.  You know that Kam faces an espionage charge, and up to 14 years in prison.  You know that her lawyers are also negotiating a plea bargain and that she is hoping for no jail time or a reduced sentence.  You’d also know that Kam and her lawyer have lobbied hard and largely successfully for Hebrew blogs, Hebrew Wikipedia and other online sites to take down material about her arguing it will improve her chances of getting a less severe sentence.

That’s what you’d know.  And also what you can’t breathe a word of to your readers.  So what can you do?  You can write eloquent, oblique columns decrying military censorship, secret detentions, gag orders, the over-cozy relationship between the military, intelligence agencies and the judiciary.  You can even tell your readers there’s a really big story about which you can’t tell them.

It’s all very strange when you read such material.  It reminds you of a blind man feeling his way across the back of a camel and trying to guess what it is, all while you’re seeing it right before your own eyes.  You feel sorry for these poor souls who know many things but can’t convey them to the rest of their countrymen and women.  But after feeling sorry, you begin to feel angry that none of them takes the bull by the horns and does a Peter Finch, yelling “I’m mad as hell and I’m not going to take it anymore,” and then spilling the beans.

While it’s true that Israeli media outlets could face severe sanction for breaking a gag order–their reporters could lose their licenses, government lawyers could tie them up in court for years, they could lose access to government news sources–it seems to me that if Israel is a democracy and if there is a press worthy of the name that someone has to step up and defy the bastards.  So far, no one has (though some brave Israeli journalists like Mya Guarnieri have reported the story for foreign papers).

Not so Israeli bloggers though.  They have stepped up to the plate.  They are reporting this story.  They are naming names.  They are not intimidated.  Blogs like Nimby, Philosophical Outlook, and Human Communication have done what blogs should do when all others around them have lost their nerve or their balls–they told it like it is.  There may be other blogs I’m overlooking and I’d love to hear about them.  I also invite those interested in learning more about this to join the bi-lingual Facebook group, We Want the Truth About Anat Kam, where I’m learning much of this.

Since I began this blog in 2003 I’ve felt a strong need to link my work to Israelis (and Palestinians) including bloggers.  It is important to share important political developments and create a sense of community between us and I’ve tried to do that.  Bloggers unfortunately don’t like being organized or told what to do or what’s important.  So my efforts have been fitful.  Sometimes like at the J Street bloggers panel they work and other times not.

Given the language gap it’s also proven hard to share out respective work.  You can’t easily reprint the best work of Hebrew language blogs unless you can translate it and that takes time and energy.  And vice versa.  All of this meant that bloggers in Israel and bloggers outside Israel were more or less like ships passing in the night.

But this story has changed that.  Now in their hour of need many Israelis see the benefits of foreign media including blogs.  That’s the only way they currently can stay up to date on what their government doesn’t want them to know.  This blog has more visibility inside Israel than perhaps it has ever had before.  What I hope is that this will not change after the Kam story does.  We need each other.

In one of the more ironic developments in a case loaded with irony, it seems that Anat Kam wrote a 2009 story for Walla while she worked there, covering a conference on the use and abuse of military gag orders.  The money quote and most poignantly ironic passage is this one from a senior Israeli police officer participating on the panel who, after reminding the audience of the supposedly welcome fact that the police request only 60 such gag orders per year, says:

Clearly I prefer to conduct investigations in secret, but I’m aware of the limitations on the police in a democratic society.  Sometimes, we seek to prevent publicizing an investigation in order that law-breakers won’t benefit from exposure of the information.

If the results of the Kam case weren’t so troubling, I’d almost call this irony delicious.  As it is, it makes me feel outrage.

How’s this for another irony: Wikipedia, which exists to disseminate knowledge and information irregardless of the whims of government authority decided in the case of Anat Kam to remove its article from Hebrew Wikipedia at Kam’s request.  You’d think the editors would’ve understood that self-censorship by Wikipedia itself is a terribly problematic development.  The article remains down.

I read another Israeli on Facebook pose an interesting argument defending Kam’s act of leaking top secret military documents.  He said that she could argue that though she was breaking the law in doing so, her leak was designed to uncover a far worse crime, that of targeted killings committed by the highest echelons of the military in violation of the law as determined by the Supreme Court.  This argument might work better in a constitutional democracy in which Court rulings are viewed as legal precedent.  In Israel that isn’t so.  But I still think it’s an appealing argument.

Finally, Ran Cohen of Nimby e-mailed me today that there is one benefit, either intended or unintended, for the IDF and intelligence apparatus in this gag order: it focuses attention on the plight of a young women while diverting attention from where it should be–on the rampant, unaccountable, illegal acts of the IDF high command.  It allows us to lose sight of the fact that the Israeli Supreme Court, faced with Haaretz reports that the army’s most senior officers were giving the judiciary the middle finger regarding complying with its 2006 ruling on targeted assassinations–did nothing.  The IDF enjoys virtual impunity in Israeli society and the Court does little or nothing to prevent it.  Uri Blau’s story reveals that for some in Israel the rule of law is little more than an inconvenient theory honored in the breach, if at all.

Anat Kam’s is the tragedy of an individual, while the documents she leaked reveal the tragedy of an entire nation whose democracy has been eviscerated.

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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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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.