<?xml version="1.0" encoding="UTF-8" standalone="yes"?><oembed><version><![CDATA[1.0]]></version><provider_name><![CDATA[Occupied Palestine | فلسطين]]></provider_name><provider_url><![CDATA[https://occupiedpalestine.wordpress.com]]></provider_url><author_name><![CDATA[occupiedpalestine]]></author_name><author_url><![CDATA[https://occupiedpalestine.wordpress.com/author/hajarhajar/]]></author_url><title><![CDATA[Corrie trial resumes in Haifa court with testimony of bulldozer unit&nbsp;commander]]></title><type><![CDATA[link]]></type><html><![CDATA[<div class="postmetadata"><span class="date">Posted on: April 1, 2011</span> | <span class="sharethis"><span class="st_sharethis"><span class="stButton" style="text-decoration:none;color:#000000;display:inline-block;cursor:pointer;"><span class="chicklets sharethis">International Soliaity Movement</span></span></span> </span></div>
<p><strong>29 March 2010 | Rachel Corrie Foundation</strong></p>
<p>After a five month recess, the Haifa District Court will resume  hearings Sunday, April 3, in the civil lawsuit filed by Rachel Corrie’s  family against the State of Israel for her unlawful killing in Rafah,  Gaza on March 16, 2003. Rachel was an American student activist and  human rights defender who was crushed by a Caterpillar D9R bulldozer  while nonviolently protesting the demolition of Palestinian homes.</p>
<p>The commander of the unit that killed Rachel is scheduled to testify.  Known to the court as S.R., he oversaw the bulldozer work from an  armored personnel carrier at the scene. While numerous military  witnesses in the case have been permitted to testify behind a screen to  protect their identity – a highly unusual security measure – S.R. is  expected to do so in the open because his identity is already known to  the public.</p>
<p>The civil trial began over a year ago in March 2010 with testimony  from four of Rachel’s colleagues from the International Solidarity  Movement (ISM), who witnessed her killing. In a second phase that began  on September 5, the government presented nine witnesses who included the  lead military police investigator in the case and the driver and  commander of the bulldozer that struck and killed Rachel.</p>
<p>Trial Judge Oded Gershon granted the government’s motion to shield  the identities of several witnesses, allowing them to testify behind a  screen. The Corrie family argued that the highly unusual protective  measures infringe upon their right to an open, fair and transparent  trial, but their appeal to the Israeli Supreme Court has been denied.</p>
<p>“As we now witness young people in the Middle East protesting  non-violently and struggling for their freedoms and human rights, this  trial seems ever more relevant,” said Rachel’s mother, Cindy Corrie.  “While our family continues to seek accountability from the Israeli  Government for their response to Rachel’s nonviolent action, we insist  that all governments and militaries respect the right of people to  peaceably assemble and protest, that they respond nonviolently to such  protests, and that they be accountable for their actions.”</p>
<p>The lawsuit charges that Rachel’s killing was intentional or,  alternately, that the Israeli government was negligent for allowing  Israeli soldiers and military commanders to act recklessly using an  armored military bulldozer without due regard for the presence of  unarmed, nonviolent civilians in Rafah. It also alleges that the Israeli  military failed to take appropriate and necessary measures to protect  Rachel’s life, in violation of obligations under Israeli and  international law.</p>
<p>The government of Israel argues that Rachel’s killing took place in  the course of armed conflict in a closed military zone and should be  considered an “Act of War,” and “Act of State,” absolving the government  and military of any responsibility.</p>
<p>On November 4, the final court date before a lengthy recess, the  commander of the bulldozer that struck Rachel testified about the  location of her body immediately following the incident. His version  dramatically contradicted earlier testimony from the bulldozer driver,  who sat next to him in the cab. The commander, who is charged with being  a second set of eyes and directs the movement of the bulldozer,  testified that Rachel’s body was beyond a large mound of earth. The D-9R  driver testified that Rachel’s body was between the bulldozer and the  mound of earth (corroborating testimony of Rachel’s ISM colleagues and,  also, photographic evidence). When presented with the discrepancies  between their statements, both soldiers stuck to their version of  events. “He’s saying what he saw. I’m saying what I saw,” the bulldozer  commander said.</p>
<p>“I find it beyond incompetence that the Military Advocate General  closed this case with no further investigation,” said Craig Corrie,  Rachel’s father, after the last session in November. “Did the  investigators even try to reconcile conflicting testimony between their  own soldiers? Stunning contradictions and revelations support the U.S.  Government view and ours that there was no credible investigation in  this case.”</p>
<p>The proceedings have been attended by representatives of the US  Embassy and numerous local and international human rights organizations.</p>
<p>Trial hearings are currently scheduled for April 3 and 6 between the  hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District  Court, 12 Palyam St., Haifa, Israel. One or more additional trial  sessions are anticipated.</p>
<p>Please visit the <a href="http://rachelcorriefoundation.org/trial">Trial Update page of the Rachel Corrie Foundation website</a> for updates, changes to the court schedule, and related information</p>
<p><a href="http://palsolidarity.org/2011/04/17353/">Source</a></p>
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