Tuesday, April 11, 2006

IDF found to have "deliberately killed" peace activist.

A British jury have found that the IDF are guilty of intentionally killing a peace activist in the Gaza Strip as he attempted to help children when the Israeli army opened fire.

The jury found that Tom Hurdnall, 22, who had been shot in broad daylight, whilst wearing bright orange clothing, had been deliberately shot by an Israeli soldier, "with the intention of killing him".

The wilful killing of civilians is a war crime.

Last week the same court found that James Miller had been murdered by the IDF, only three weeks after Mr. Hurdnall and less than a mile from where he fell. From the Guardian:

Andrew Reid, the coroner who heard both cases, announced he would write to the attorney general about how similar fatalities could be prevented, including examining possible prosecutions of Israeli commanders. In court Dr Reid said he would write to the attorney because the case raised wider issues of command in the Israeli military and because "two British citizens engaged in lawful activities" had been killed by Israeli soldiers.

Dr Reid said Israel's army posed a danger to British nationals, especially those covering the continuing conflict with the Palestinians: "British citizens, journalists, photographers or others may be subject to the risk of fatal shots."

The coroner said he would write to the attorney general about whether his powers under the Geneva Conventions Act, namely seeking the prosecution of those involved in issuing orders about when soldiers can shoot, could "prevent similar fatalities". Dr Reid's actions boost the Hurndall family's demand that Israeli officers be tried for involvement in the killing of their son.

The dead man's father, Anthony Hurndall, said: "The British government is obliged to pursue any source of a war crime, and wilful killing is a war crime under the Geneva Conventions Act."

After the verdict a government source told the Guardian the attorney general would "not shy away" from acting, and that "upsetting the Israelis" would not stop the case being pursued.

Michael Mansfield QC, who represented the family at the inquest, said: "Make no mistake about it, the Israeli defence force have today been found culpable by this jury of murder."

The fact that two British civilians have now been found to have been wilfully killed by the IDF must surely make even Israel's greatest ally, the USA, take pause and re-examine the case of Rachel Corrie, an American also killed by the IDF.

The Israelis, who initially denied any Israeli involvement in the killings, compounded their perceived callousness, by refusing to take any part in the proceedings.
The jury also expressed its "dismay" at the "lack of cooperation" from the Israeli authorities into the investigation into his death.
Last night Channel4 News said not a single member of the Israeli government had made themselves available for comment.

Although Israel, after considerable outside pressure, did eventually prosecute one soldier, the family feel this is not enough. From the BBC:
The Hurndall family feels the trial, in Castina military court in Ashkelon, has been about pinning all blame on Taysir Hayb, a Bedouin ex-sergeant in the Israeli Defence Force convicted of manslaughter charges last year.

Mr Hurndall's sister Sophie believes senior officers all the way up to Prime Minister Ariel Sharon are responsible for a culture within the Israeli Defence Force that effectively allows the killing of civilians.

"We have got very mixed feelings. From one perspective there is the need to see justice done and for the soldiers to be forced to take responsibility," she said.

"But the soldier was Tom's age; he has been severely brainwashed by the army, by these commanders, encouraging them and actively covering up. It is a culture."

Ms Hurndall also believes the trial has only happened because of pressure from the family, and the fact the victim is a Westerner.

"We have forced the Israeli army to prosecute this soldier, but there are thousands of cases out there where people don't have the weight behind them that we have."

This case highlights just how far outside of the international norm Israel are now operating. And she is doing so, if not with American acquiescence, then at the very least in the absence of American condemnation.

As the families say, the fact these men were British has put a spotlight on these cases that would not have been there were they Palestinians.

Both these cases, and the case of Rachel Corrie, must make the US re-examine it's knee jerk reaction of always finding a reason to support Israeli actions, no matter what those actions are.

It is time for Americans to realise that their European compatriots are not being anti-Semitic when we call for a halt to some of Israel's activities. But rather, we recognise that the victim has become the victimiser, and that it is in Israel's interests - and the interests of the safety of the US - that Israel stop certain illegal policies, like targeted killings, and return to the international norm.

Related Articles:

Hurdnall family seeking to put Israel on trial for son's killing

Activist was unlawfully killed in Israel, says inquest jury

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