This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2014/may/19/rachel-corrie-case-reheard-israeli-supreme-court

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Rachel Corrie's family to have case reheard in Israeli supreme court Rachel Corrie's family to have case reheard in Israeli supreme court
(35 minutes later)
Eleven years after the death of Rachel Corrie, the 23-year-old American activist who was crushed to death by an Israeli military bulldozer in Gaza in 2003, her family will have their case reheard by three judges in Israel's supreme court in Jerusalem.Eleven years after the death of Rachel Corrie, the 23-year-old American activist who was crushed to death by an Israeli military bulldozer in Gaza in 2003, her family will have their case reheard by three judges in Israel's supreme court in Jerusalem.
The Corrie family will ask Israel's highest court on Wednesday to overturn a 2012 judgment by a lower court in Haifa, which ruled that the Israeli military was not negligently responsible for Corrie's death and had fully and credibly investigated the circumstances of her death.The Corrie family will ask Israel's highest court on Wednesday to overturn a 2012 judgment by a lower court in Haifa, which ruled that the Israeli military was not negligently responsible for Corrie's death and had fully and credibly investigated the circumstances of her death.
The Haifa court upheld the state's case that, by entering a conflict area and impeding the work of the bulldozers, Corrie was responsible for her own death.The Haifa court upheld the state's case that, by entering a conflict area and impeding the work of the bulldozers, Corrie was responsible for her own death.
Speaking to the Guardian in Jerusalem on Monday, Corrie's father, Craig, said: "The case is about our own deep and personal loss, but it has become about more than that, about impunity and the protection of civilians."Speaking to the Guardian in Jerusalem on Monday, Corrie's father, Craig, said: "The case is about our own deep and personal loss, but it has become about more than that, about impunity and the protection of civilians."
The appeal hearing comes at the end of a lengthy campaign for the Corrie family that has involved a series of high-profile US political figures, including the then US president George W Bush, who secured a commitment from the then prime minister Ariel Sharon for a full investigation.The appeal hearing comes at the end of a lengthy campaign for the Corrie family that has involved a series of high-profile US political figures, including the then US president George W Bush, who secured a commitment from the then prime minister Ariel Sharon for a full investigation.
Over the years, according to Craig Corrie, that campaign for justice has cost the family hundreds of thousands of dollars.Over the years, according to Craig Corrie, that campaign for justice has cost the family hundreds of thousands of dollars.
The family's submission to the court argues that the judge in the Haifa case ignored contradictory evidence by key state witnesses adding: "Regretfully, when reading the ruling, one gets the impression that the court of first instance set for itself the final goal of rejecting the lawsuit." The family's submission to the court argues that the judge in the Haifa case ignored contradictory evidence by key state witnesses, adding: "Regretfully, when reading the ruling, one gets the impression that the court of first instance set for itself the final goal of rejecting the lawsuit."
Israel has always denied the soldiers involved were negligent in Corrie's death while she was non-violently protesting against house demolitions by the Israeli military in Rafah in the southern Gaza Strip.Israel has always denied the soldiers involved were negligent in Corrie's death while she was non-violently protesting against house demolitions by the Israeli military in Rafah in the southern Gaza Strip.
The original Haifa court case, which began in 2010 and concluded in 2012, cast a sharp spotlight on the attitudes of some Israeli officials to civilians in conflict areas.The original Haifa court case, which began in 2010 and concluded in 2012, cast a sharp spotlight on the attitudes of some Israeli officials to civilians in conflict areas.
One mid-ranking officer testified that there were no civilians in war time, and the lead military police investigator expressed his opinion that the Israeli military was at war with everyone in Gaza, including peace activists.One mid-ranking officer testified that there were no civilians in war time, and the lead military police investigator expressed his opinion that the Israeli military was at war with everyone in Gaza, including peace activists.
"During the past nine years, we have sought accountability in the Israeli courts for Rachel's killing but were handed a verdict that showed blind indifference to the rights of the victim and little interest in seeking truth and justice," said Craig Corrie in a statement."During the past nine years, we have sought accountability in the Israeli courts for Rachel's killing but were handed a verdict that showed blind indifference to the rights of the victim and little interest in seeking truth and justice," said Craig Corrie in a statement.
The court hearing on Wednesday, expected to last just half a day and which has taken written submissions from the family and defence, is the last recourse for the family in the Israeli legal system.The court hearing on Wednesday, expected to last just half a day and which has taken written submissions from the family and defence, is the last recourse for the family in the Israeli legal system.
The family's legal team will argue that the Haifa court ignored the Israeli state's obligations under international law to protect civilians.The family's legal team will argue that the Haifa court ignored the Israeli state's obligations under international law to protect civilians.
In its own submission, lawyers for the Israeli state claimed the Corrie family had "disseminated false pictures and sought to defame the state of Israel on every possible stage, while ignoring the investigations that were presented and the actual facts." In its own submission, lawyers for the Israeli state claimed the Corrie family had "disseminated false pictures and sought to defame the state of Israel on every possible stage, while ignoring the investigations that were presented and the actual facts".
Corrie's parents, Craig and Cindy, said they were more optimistic because the case was being heard before three judges, not one.Corrie's parents, Craig and Cindy, said they were more optimistic because the case was being heard before three judges, not one.
"We are appealing on several grounds," said Craig Corrie."We are appealing on several grounds," said Craig Corrie.
"The first is that the lower court was unwilling to apply international humanitarian law [regarding the protection of civilians]. It also applied a very narrow interpretation of the idea of negligence.""The first is that the lower court was unwilling to apply international humanitarian law [regarding the protection of civilians]. It also applied a very narrow interpretation of the idea of negligence."
Despite acknowledging that the court process is an adversarial one, the Corries are upset by the way in which their campaign has been presented in the government's submission to the court.Despite acknowledging that the court process is an adversarial one, the Corries are upset by the way in which their campaign has been presented in the government's submission to the court.
"We have been very careful over the years not to use the word murder as some people did," said Cindy Corrie, "and yet there in the final paragraph of the state's submission we are being attacked and accused of being untruthful.""We have been very careful over the years not to use the word murder as some people did," said Cindy Corrie, "and yet there in the final paragraph of the state's submission we are being attacked and accused of being untruthful."
That accusation, they say, follows long attempts over the years by Israel to "demonise" their daughter and the organisation to which she belonged, the International Solidarity Movement.That accusation, they say, follows long attempts over the years by Israel to "demonise" their daughter and the organisation to which she belonged, the International Solidarity Movement.
At the centre of the original case were a number of disputed issues.At the centre of the original case were a number of disputed issues.
The Israeli case was that the bulldozer's crew – who testified behind a screen – were unable to see Rachel Corrie and that they were involved in clearing explosives, while witnesses for the family said the activists were protecting houses from demolition.The Israeli case was that the bulldozer's crew – who testified behind a screen – were unable to see Rachel Corrie and that they were involved in clearing explosives, while witnesses for the family said the activists were protecting houses from demolition.
It emerged too that there had been a discussion among the soldiers operating in the area whether to halt operations because of the presence of the activists, with a decision taken by commanders to continue so as not to set a precedent for the foreign activists.It emerged too that there had been a discussion among the soldiers operating in the area whether to halt operations because of the presence of the activists, with a decision taken by commanders to continue so as not to set a precedent for the foreign activists.
Instead, argue the family's lawyers: "The commanders' order was, prima facie, patently illegal and negligent at the very least, and [the bulldozer driver] YP should not have obeyed it."Instead, argue the family's lawyers: "The commanders' order was, prima facie, patently illegal and negligent at the very least, and [the bulldozer driver] YP should not have obeyed it."
Corrie's story was retold in the 2005 play My Name is Rachel Corrie, written by the Guardian journalist Katharine Viner and directed by Alan Rickman, which has now been staged across the globe, including in Hebrew on Monday evening in the Israeli city of Jaffa.Corrie's story was retold in the 2005 play My Name is Rachel Corrie, written by the Guardian journalist Katharine Viner and directed by Alan Rickman, which has now been staged across the globe, including in Hebrew on Monday evening in the Israeli city of Jaffa.