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.

Continue reading “Respecting the Rule of Law”

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.

Continue reading “How foreign workers feel on Yom Ha’atzmaut”

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.

Continue reading “Reporter’s Notebook: Breaking the Gag”

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.

Continue reading “Israeli journalist under secret house arrest”

Israelis divided over settlements?

Al Jazeera English, March 27, 2010

In recent weeks, the relationship between Washington and Jerusalem grew tense as the US demanded an end to settlement growth and Israel refused. For Israelis the row was embarrassing, but it wasn’t a surprise. To a people sharply divided over settlements and their place in the peace process, the feud was a mirror of society’s inner conflicts.

Speaking on the condition of anonymity, a business owner tells Al-Jazeera that he was “attacked” by his wife, adult children, and other family members after expressing unconventional beliefs. “I wasn’t against the situation where [settlers] go and live on a hilltop,” he says, referring to illegal outposts, “just like I wasn’t against Palestinians who want to live here. I thought it was a good idea to have Israelis and Palestinians make one state…with the same rights [for Jews and Arabs].”

Due to the reactions of his loved ones, however, he is reconsidering.

If he aligns himself with the mainstream, he might find his thoughts similar to those of Noga Martin. A former journalist, Martin, 34, says that she hopes to see Palestinians form an independent state. As such, she says, “Illegal outposts have to go. They strike me as a completely unnecessary provocation that only throws fuel on the fire.”

“I have no personal hatred towards the settlers,” she adds, “except for the ones who act violently.”

During the annual olive harvest, settlers sometimes attack Palestinian farmers and set fire to their groves. In the West Bank’s Hebron, a Muslim-majority city with a small Jewish presence, tensions flare on a regular basis—with settlers throwing stones, garbage, wine, and bottles of urine at Palestinians. “They seem to be doing anything possible to fan the flames,” Martin comments.

But there are sites of quiet provocation like Gilo, Pisgaat Zeev, and Givaat Zeev. All lie beyond the Green Line, the border drawn at the end of the 1948 Arab-Israeli War. In Palestinian eyes these Jewish communities are a land grab. Jewish Israelis simply consider Gilo and Pisgaat Zeev neighborhoods of Jerusalem. And Givaat Zeev, further out in the West Bank, is a suburb they say.

While Martin acknowledges that these areas are past the Green Line, she says, “No one would call Gilo or Pisgat Zeev a settlement, including me.”

Martin maintains that she doesn’t support settlements. But if she accepts some, where does she draw the line? “It’s tough to say. Look, Gilo isn’t going anywhere, neither is Pisgat Zeev neither is Givaat Zeev. And even the larger settlement blocks beyond the Green Line [such as] Ariel. Let’s be realistic here. You can talk about what should happen and you can talk about what’s going to happen. Ariel is simply not going anywhere.”

Martin’s attitude is typical of Jewish Israelis, according to Dr. Neve Gordon, author of the book Israel’s Occupation. “I think the settlements in many respects have been normalized,” Dr. Gordon comments. “The discussion is no longer about settlements but outposts. Even Peace Now [a left-wing Israeli NGO that monitors and opposes settlement growth] is more concerned about counting outposts than settlements.”

Because this normalization, or resignation, is so widespread amongst adults, Dr. Gordon says, most Israeli youth cannot differentiate between a so-called “neighborhood” of Jerusalem, like Gilo, and a Jewish community lodged in the throat of the West Bank, like Ariel. And when none of these places “register as something illegal,” Dr. Gordon explains, it creates de facto support. “Once they’re no longer considered settlements—that’s it. The work has been done.”

Dr. Gordon is troubled by other trends. He points to a recent poll conducted by the Israeli research institution Maagar Mochot, published in the Israeli daily Yediot Ahronot. The study found that 81 percent of high school age religious students and 36 percent of their secular counterparts would refuse army orders to evacuate West Bank settlements and outposts. “That’s an amazing figure,” Dr. Gordon remarks.

But Dr. Tamar Hermann, senior research fellow at a non-partisan think tank, the Israel Democracy Institute, is slightly encouraged by a survey she concluded late last week. A poll of Jewish Israeli adults found, Dr. Hermann says, “People are not that supportive of the settlement project… the population is split, we don’t have a consensus.”

Amongst other questions, Dr. Herman says, “We asked if we had a [peace] agreement [with the Palestinians], and the conflict was terminated, under this would you be willing to evacuate all settlements? 42 percent said yes, 48 said no… I would have expected the number of those who said yes to be much lower.” The gap between the two groups, she adds, is statistically insignificant. This suggests that Israeli society is evenly divided on the issue and could tip either way.

The data was surprising, Dr. Hermann says. “A month ago, before we ran the survey, we would have thought 25 to 30 percent [would say yes].”

And there was another unexpected result—a plurality of 49 percent supports the idea of Israel offering compensation to settlers who choose to relocate within the Green Line. “[This number] is higher than we used to have,” Dr. Hermann observes.

Is the tide turning? Perhaps.

“It’s speculation, but I think that the ongoing discussion between the United States and the Israeli government that the settlements are an impediment [to the peace process] are starting to infiltrate into the Israeli psyche,” says Dr. Hermann.

While Dr. Uriel Abulof, an assistant professor in Tel Aviv University’s Department of Political Science, agrees that Israeli public opinion is changing, he sees the tide turning for the worst. “In the mind of many [Jewish Israelis] world opinion is increasingly challenging the notion of a Jewish state.”

Jewish Israelis, Dr. Abulof explains, point to the chain of events that followed the 2005 disengagement from Gaza. Following the military withdrawal and the eviction of over 8000 settlers from the Strip, Israel continued to find itself under rocket fire from Hamas, a political organization that has questioned the Jewish state’s right to exist.

And Operation Cast Lead, widely considered an act of self-defense by Jewish Israelis, was met with international outrage—with the criticism falling most heavily on the Jewish state.

“[This] led to the conclusion that, perhaps, [the international community] is seeking more than the relinquishing of the occupation, but the relinquishing of the Jewish state,” Dr. Abulof says. “And then [Jewish Israelis] fall back to the siege mentality: The world is against us. If the world is against us then all we can do is simply to be as strong and resilient as possible.”

While this doesn’t lead directly to the settlement growth, Dr. Abulof says, this existential fear is likely to cement Israeli forces in the West Bank.

And many observers remark that the mere presence of the IDF emboldens settlers.

Seth Freedman, co-author of the forthcoming book 40 Years in the Wilderness, an intensive look at the settlers, comments, “On a practical level, you’ve got people defending you and it makes you feel legitimate.”

Those in large settlements just east of the Green Line, like Gilo and Pisgat Zeev, feel the tacit support of the Israeli public; those deeper in the West Bank feel buoyed by the army, Freedman says. “When we visited the outposts,” he recalls, “they said, ‘On the one hand, the government calls us illegal, on the other hand, they provide us the tools to keep doing it.”

As Israel feels increasingly embattled, Freedman says, “The settlers feel stronger.”

40 years on, Black Hebrews struggle to find acceptance in Israel

dsc090601The National, March 27, 2010

In 1984 Dov Shilansky, then Speaker of the Israeli Knesset, called the African Hebrew Israelites “worse than the PLO.” Referring to their small village in the desert town of Dimona, Shilansky issued an ominous warning, “[I]n a very short time, the Black Hebrews won’t be here anymore.”

Two years later, Israeli Defense Forces surrounded the unarmed community of peace-loving vegans.

“We’ve never had weapons and that day [the soldiers] were armed to the hilt,” Ahmadiel Ben Yehuda says. “There were sharp shooters all around us.” Frightened for their lives but determined to stay in Israel, the group of African-American immigrants decided to march to Jerusalem, nearly 100 kilometers away.

Continue reading “40 years on, Black Hebrews struggle to find acceptance in Israel”

Is the Two-State Solution Dead?

flag1The Huffington Post, March 23, 2010
Zeek, March 23, 2010

A drive east of the Green Line suggests the two-state solution is moot. Jewish-only roads slice through the hills. The separation barrier winds through the West Bank, choking Palestinian villages. Settlements are lodged in the land’s throat.

Dr. Neve Gordon, author of the book Israel’s Occupation comments, “The one-state solution is already on the ground, in the sense that close to half a million Israeli Jews currently live in the area occupied by the [Israeli] army. They’re enmeshed within the Palestinian population.”

Continue reading “Is the Two-State Solution Dead?”

Israeli army attempts to end protest in Bilin

dsc09120

The National, March 20, 2010

Despite renewed threats of arrest and violence, more than 100 Palestinian and Israelis made the weekly march from a mosque in the West Bank village of Bil’in to the security barrier where they squared off with the Israeli Defense Forces (IDF). A handful of Palestinian youth, who covered their faces with keffiyahs and t-shirts, hurled rocks at the heavily-armed soldiers. The otherwise peaceful protest was dispersed with tear gas and stun grenades.

The absence of internationals was noted by many of the demonstrators.

On Monday, activists received the news that soldiers had posted Hebrew-language army orders during a raid conducted in the early hours of the morning. The documents declared portions of Bil’in and Nilin, another village with a resilient grassroots movement, closed military zones on Fridays between the hours of 8 AM to 8 PM.

Speaking to The National, the IDF further explained, “The Bil’in order concerns the area between the fence and the village.”

Israelis who enter the area during this time risk arrest; internationals risk deportation. As the weekly non-violent protest against the separation barrier begins shortly after the Friday noon prayer and is conducted in the area specified, the order, effective until mid-August, seems a clear attempt to stifle the voice of dissent.

But Tal Shapira, a 26-year-old painter, was enraged by the attack on her freedom and undeterred by the orders. The IDF’s latest move, she said, serves as motivation to Israeli activists like herself to show their unwavering support for the Palestinians, “[The IDF] did us a huge favor.”

Shapira first attended a protest a little over a year ago, during Operation Cast Lead. Since then, she has been arrested at two demonstrations—once on the Gaza border and once in the East Jerusalem neighborhood of Sheikh Jarrah. On Friday, she was unconcerned about the possibility of being detained. “It’s important to show that we’re not backing down,” she remarked. “They’re not going to scare us from coming here and expressing our rights.”

Sonya Soloviov, 27, said that last winter’s assault on Gaza was a turning point for her and many others. “It woke a lot of people up. On the other hand it made a lot of people move to the right. If you see the way that the government started to talk after that and the way that the police and the army act after that, you definitely see a change. I used to go to demonstrations in Tel Aviv and there were 20 policemen watching over 100 protesters. Now there are 20 protesters and 100 policemen.”

Soloviov, a student, admits that when she first heard of the army’s orders, she was frightened and hesitant to come to Bilin. But that feeling quickly passed. Of being detained she says, “If it happens, it happens.”

Her attitude is reflective of many of Bil’in’s demonstrators, who believe that arrest is an eventuality and that “offering ourselves up,” as Shapira puts it, is an act of civil disobedience.

Both women pointed to Israel’s recent row with the United States over the growth of illegal settlements, Netanyahu’s recent decision to list Hebron’s Tomb of the Patriarchs as a Jewish heritage site, and crackdowns on protests as evidence that the political climate is rapidly deteriorating

Bilin has been a flashpoint for the Arab-Israeli conflict for over five years, since the demonstrations against the separation barrier began in January 2005. Palestinians say that the wall, which does not run the 1967 border but is carved deeper into the West Bank, is an attempt to annex their land and severs them from their olive groves and other agricultural holdings. The Israelis claim that the separation barrier is a necessary security measure to guard the country against suicide bombers.

But in 2007, the Israeli Supreme Court sided with the Palestinians and demanded that the government move the wall. “We were not convinced that it is necessary for security-military reasons to retain the current route that passes on Bilin’s lands,” Dorit Beinisch, President of the Supreme Court, stated in the decision.

The weekly protest has seen scores of injuries, some serious, and one death. In August 2006, Israeli activist and attorney Limor Goldstein took two rubber-coated bullets to the head. Shot at close range after the demonstration dispersed, Goldstein survived but sustained permanent brain damage. Palestinian protestor Basem Abu Rahmah died in April 2009, after being shot in the chest with a tear gas canister.

Abdullah Abu Rahmah, chairman of the Bilin Popular Committee against the Wall, has been imprisoned since December 2009 when he was charged with arms possession for displaying empty tear gas canisters and used rubber-coated bullets—which were shot at Bilin protestors by the IDF. In a recent letter addressed to his supporters, written from the Ofer Military Detention Camp, Abu Rahmah said, “…our struggle is far bigger than justice for only Bil’in or even Palestine. We are engaged in an international fight against oppression.”

Reflecting on his detainment, Abu Rahmah continued, “I think that if this is the price we must pay for our freedom, then it is worth it, and we would be willing to pay much more.”

It appears that some Israelis and Palestinians agree.

Reporter’s Notebook: To Risk Arrest in the West Bank?

prison-barsThe Huffington Post, March 17, 2010

Monday morning, I received an email with the subject line “A Strange Night Raid in Bil’in.” An enclosed link led to video footage that I would call more chilling than strange. Israeli soldiers stalk through the West Bank village, taping Hebrew documents to shuttered storefronts. The village is black, silent. The soldiers don’t speak; we hear the low rumble of the army jeeps, the hiss of tape being stripped away from the roll, the click of a camera as the IDF records its work.

The papers, it turns out, are orders declaring both Bil’in and Na’alin closed military zones on Fridays, between the hours of 8 AM to 8 PM, until mid-August. Israelis who enter the village during this time risk arrest; internationals risk deportation. As the weekly non-violent protest against the separation barrier begins shortly following Friday afternoon prayers, the message is clear–resistance, of any kind, is not welcome.

As a citizen of Israel who has attended the demonstration on numerous occasions, I was offended by the army’s attempts to censure Palestinian, Israeli, and international voices of dissent. As a journalist, I felt that I was watching an extremely important clip. Yes, the army and police have been cracking down on organizers and activists for some time now. But this seemed to be an even sharper turn, a veer towards an ever darker road.

As I wrote a pitch, titled “This is very serious,” to my editor, I thought: What if I get arrested? Thrown into administrative detention? Or, as an American passport holder, might I be subject to deportation?

This is exactly what they want, I replied to myself. They want people to get scared and stay away. As a citizen, I have a duty to stand up. As a journalist, it’s more important to be there now than ever.

I hit send.

I got the green light from my editor. Today, she emailed me to make sure we’re on for Friday. I stared at the words on my screen. And then, I did something I have never done before an editor: I faltered.

I explained my hesitations. She thanked me for my honesty and said that she completely understood. It was nice to receive her support, but I remained uncomfortable–with myself.

I believe journalists have to be brave. Journalists have to be strong. Journalists have to be willing to stand up and tell the stories of others even if they put themselves at risk–whether by location or opinion. I have done both in the past. What would I do now?

It’s Wednesday night now and I still don’t have an answer. I told my editor I had to sleep on it. This afternoon, I spoke to contacts with intimate knowledge of the situation in the West Bank, as well as some friends and family. The answer has come back the same, all around: things are bad right now in Israel. The government is going crazy, defying its oldest and strongest ally. A journalist–an editor of a major news agency–has been deported. Racist bills are snaking through the Knesset.

This is serious, they agree, and that’s why you have to stay away. You’re too small, as a citizen. As a journalist, you’re better off staying at home Friday and writing an op-ed than getting locked up.

I’m not so sure.