Tuesday, August 28, 2012

Court Rejects Corrie Family's Law Suit Against the Israeli Defense Ministry

This was a no-brainer:
A Haifa court ruled Tuesday morning that Rachel Corrie caused her own death by intentionally remaining in front of an IDF bulldozer. Her lawyer said he will appeal the decision.

Judge Oded Gershon supported the IDF claim that the driver of the bulldozer could not see Corrie, who was protesting the 2003 demolition of homes in Rafiah, Gaza, which were being used by terrorists.

The court noted that the case of Corrie is sad but that the young woman, who was 23 years old, was fully aware that she was in danger and that she could have prevented her own death by moving out of the path of the bulldozer.
An article at ynetnews has some more details:
"I reject the suit," the judge said. "There is no justification to demand the state pay any damages."

He added that the soldiers had done their utmost to keep people away from the site. "She (Corrie) did not distance herself from the area, as any thinking person would have done."

He rejected a claim of negligence explaining that the bulldozer's driver had limited vision unlike Corrie. "She consciously put herself in harm's way," Gershon said. The accident had been self inflicted, he added.

In a 162-verdict, the Judge Gershon pointed to three entry bans and noted that the Philadelphi route had effectively been a war zone formally declared a closed military zone at the time of the accident. He mentioned that the US had issued an Israel travel advisory warning its citizens to avoid Gaza and the West Bank.

The judge added that the organization where Corrie worked "abuses the human rights discourse to blur its actions which are de facto violence. He claimed that it specialized in disrupting IDF activity. "This included an army of activists serving as 'human shields' for terrorists wanted by Israeli security forces, financial and logistical aid to Palestinians including terrorists and their families, and disruption of the sealing of suicide bombers' houses."

Judge Gershon also rejected the Corrie family's claims that Military Police had not done its best to investigate the incident.
Like I wrote, this is a no-brainer.

Update: Jerusalem Diaries has a translation of the court's decision.

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