Respecting the Rule of Law

dsc09116Zeek, April 20, 2010
The Huffington Post, April 20, 2010

The gag on the case of Anat Kamm, the former soldier who leaked classified military documents to Haaretz journalist Uri Blau, was lifted less than two weeks ago. Already the story is slipping from the radar. But the real issue at hand never got screen time.

Kamm’s story points towards it. So does Blau’s 2008 Haaretz article—which he wrote using documents provided by Kamm. The story detailed the 2007 assassinations of two Palestinian militants, killed by the IDF in the West Bank despite a 2006 Israeli Supreme Court ruling that outlawed such hits.

This is but one example of a state that consistently behaves as though its own Supreme Court doesn’t exist.

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How foreign workers feel on Yom Ha’atzmaut

dsc08876The Jerusalem Post, April 16, 2010

Do you know Yom Haatzmaut, Israel’s Independence Day? The young woman, a caregiver from the Philippines, smiles, laughs, and shakes her head in response.

“Ma?” (What?) says another.

But these two migrant laborers have been in Israel less than a year. An informal survey conducted at the Central Bus Station, South Tel Aviv’s Lewinsky Park, and at a Filipino basketball game found that the longer a foreign worker is here the more likely he is to celebrate Yom Haatzmaut. This writer also found that Filipinos, many of whom feel a special affinity for Jews because of Christianity, are fondest of the holiday.

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Tens of Thousands of Palestinians Subject to Deportation Under New Israeli Military Order

dsc08335The Huffington Post, April 11, 2010

Israeli human rights organizations say that a new Israeli military order, slated to take effect Tuesday morning, could lead to the deportation of tens of thousands Palestinian residents of the West Bank.

The order changes the definition of the term infiltrator, deeming anyone who lacks an Israeli-issued permit to be an infiltrator subject to automatic deportation or a lengthy jail sentence.

Haaretz reports: “The order’s language is both general and ambiguous, stipulating that the term infiltrator will also be applied to Palestinian residents of Jerusalem, citizens of countries with which Israel has friendly ties (such as the United States) and Israeli citizens, whether Arab or Jewish. All this depends on the judgment of Israel Defense Forces commanders in the field.”

The Israeli NGO HaMoked, Center for the Defense of the Individual, explains that the order is “worded so broadly” it can allow “the [Israeli] military to empty the West Bank of almost all its Palestinian inhabitants.”

A coalition of nine human rights organizations, including HaMoked, has issued an urgent call to Defense Minister Ehud Barak, requesting that he cancel the orders. In a letter addressed to Barak and other officials, the NGOs state: “Once the orders go into effect, every Palestinian in the West Bank may find him or herself in danger of being criminally prosecuted and deported or being deported without a process of appeal or review as required by law.”

The organizations stated that they believe the army will first target foreign nationals who live with their families in the West Bank and West Bank residents whose registered addresses are in the Gaza Strip — affecting tens of thousands.

The letter also reminds Barak that the new order comes after Israel’s almost decade-long freeze on issuing residency permits to those who live in the West Bank. “This is among the causes for the fact that many people are currently living in the West Bank without status,” the organizations write. “These are individuals who have been living in the West Bank for many years and have had families there, yet, the “freeze” policy has suddenly turned them into “illegal aliens” in their homes.

Speaking to Haaretz, the IDF spokesman’s office comments: “The amendments to the order on preventing infiltration, signed by GOC Central Command, were issued as part of a series of manifests, orders and appointments in Judea and Samaria, in Hebrew and Arabic as required, and will be posted in the offices of the Civil Administration and military courts’ defense attorneys in Judea and Samaria. The IDF is ready to implement the order, which is not intended to apply to Israelis, but to illegal sojourners in Judea and Samaria.”

In other words, settlers will be exempt from the order.

This was not lost on human rights organizations. In their letter to Barak, the NGOs say the order “will be another improper step toward creating demographic changes in the West Bank and entrenching a regime which discriminates between people on the basis of religion and nationality.”

The order also seems to be an attempt to further restrict Palestinian freedom of movement. Gazans suffer from an inability to access medical facilities outside the Strip, including those in the West Bank, are often unable to attend studies in the West Bank or abroad, and are prevented from visiting their families in the West Bank.

Despite the severity of the new instructions, HaMoked says, the IDF did not publicize their intent to issue them. That the army kept a tight lid on its plans means that there was no opportunity for public debate or judicial review. In the past, Israeli courts managed to keep the army in check by canceling other such orders.

*Photo: Mya Guarnieri. An empty street in occupied Hebron, West Bank

Reporter’s Notebook: Breaking the Gag

stei081213_medThe Huffington Post, April 6, 2010
Maan News Agency, April 6, 2010
Zeek, April 6, 2010

Somewhere in Europe, Sonya Mousa is breathing a sigh of relief.

Or so I’m guessing. I’ve never met or spoken with Sonya Mousa. But, last week when I was wrapping up my coverage of the Anat Kam case – the Israeli journalist under secret house arrest since December over allegedly leaked military documents – and thinking about using a pseudonym, this was the first name that came to mind.

Issues around the state-imposed censorship rules, and the fact that other journalists involved in the case were now living abroad in secret exile made me concerned about my safety.

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Israeli journalist under secret house arrest

601401The National, April 3, 2010

Anat Kam, 23, an Israeli journalist, goes on trial this month on charges of treason and espionage for leaking classified military documents to another Israeli journalist, who is now reportedly staying in London to avoid prosecution.

Ms Kam was detained in December and is under house arrest, but a gag order imposed by the military has meant there has been little news of her detention, at least not in Israel.

Prosecutors are allegedly seeking a 14-year sentence for Ms Kam, although because of the media blackout, there has been no comment from the government or the military on the case.

The gag is unusual in that it not only bans the Israeli media from reporting the details of Ms Kam’s arrest, but it also imposes a complete blackout on the fact that she has been detained.

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