Israel Supreme Court Rules Against Army In Palestinian Abuse Case

The Israeli human rights group B'Tselem won a victory over the army in Israel's Supreme court Wednesday when a stronger indictment was unanimously ordered against a commander who was complicit in the abuse of a Palestinian protester, Ashraf Abu Rahmeh, in July 2008, the Christian Science Monitor reports. The ruling is the latest installment in an ongoing clash between the Israeli court and the Israeli political right, who considers the court to be too liberal and activist. From CSM:

The ruling comes as right-wing allies of Prime Minister Benjamin Netanyahu are seeking to change the makeup of the court, considered one of the last governmental bastions of Israeli liberalism.

For the last two decades, Israel's high court has exercised what is seen on both sides of the political spectrum as judicial activism - roiling conservative lawmakers, the country's Orthodox Jewish rabbinic authorities, and the security authorities. It has come at a cost, drawing criticism that portrays the court as an ivory tower out of touch with the country's daily trials.

The charges against the military officer, Lieutenant-Colonel Omri Borberg, began when a video recording of the incident -- which involves a soldier shooting a bound and blindfolded Rahmeh in the foot with a rubber-coated bullet while Borberg stands idly by -- was sent to the human rights group B'Tselem. According to B'Tselem's website:

B'Tselem immediately published the footage and sent a copy to the Military Police Investigation Unit. The media reported that following the airing of the video, the army opened an investigation, and that the Judea and Samaria Division Commander had known about the incident but had taken no action in the matter.

The video may be viewed here.

The effect of Wednesday's ruling is that the trial will be postponed while the court weighs the possibility of stronger charges, according to Ynet. The victim protester told Ynet that, "I only hope that justice will be served. I don't really believe that it will. In the end, they judge what they want to judge and not according to what really happened."

And Ynet quotes Lt. Colonel's lawyer as saying, "At no point during the incident did the Lieutenant-Colonel ask that any kind of shooting at the detainee take place. He did not give out any order for such a shooting, did not watch the shooting, and certainly did not think that the soldier misunderstood his intentions."

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Comments

[lungfish]

The soldier never would have taken the initiative on his own to shoot a bound prisoner. He did it because he believe it was ok to do it, probably did it before and there is no doubt that his commanders and their commanders are as responsible as he is for doing it. The IDF has a very heavy hand and a long history of maiming and killing Palestinians under their control.

[jordanispalestine]

Thanks, Dr. Phil!!!

[Talossa]

Unfortunately the Israeli government has an Andrew Jackson-like record of not complying with its own supreme court's rulings. But we can hope.

[Punkynsnow]

Guess the Israelis weren't paying attention to what happened to us when we let the conservatives run the show??

[rich misty]

I can't believe they want to find out the hard way....

[danfrompiter]

This just confirms that in Israel -as a truly Democratic state - people are free to take action against what they feel are wrongly committed by the Government and actually win! Yes - excessive use of force is bad - but how about constant barrage of rockets on Sderot and Ashkelon from the Gaza area or continuous anti-Jewish incitement in Palestinian schools and universities? Can you imagine what would happen to Palestinians if they dared to voice their dissent with the violent course their "government" took towards Israel? They'd be dead along with their families in a matter of hours - and there are numerous examples of that in real life, no courts involved.
So who are real war criminals - Israeli army who is trying to protect innocent citizens of their country from constant attacks and violence from "oppressed" Palestinians (who are suffering truly because of their corrupt terrorist leaders make profits on waging that war) or those who push their citizens to become suicide bombers in the name of some higher cause which should be achieved by peaceful negiotiations without any violence? I know - it is hard to voice this opinion on this site - but I will keep fighting the anti-Israel lies and so will others who are not blinded by anti-Semitism and hatred.

[JISantiago]

Why do you label those who, on legitimate ground and for good reason, criticize Israel as anti-Jews? What about those Israeli citizens who were bold enough to condemn the abuses of their own government? Are they anti-Semetics too?

We have seen Israeli newspapers criticizing the human rights abuses committed by the Israeli soldiers. Now even the Israeli Supreme Court rules that the army has committed abuses against a Palestinian protester.

By your account all these Israeli citizens and institutions must be anti-Semetics!

Wake up, man, and have the guts to face up to the truth and reality.

[jordanispalestine]

The truth and reality is that Hamas and the PLO want to exterminate Israel. Hamas wants to do it today..the PLO wants to do it "IN STAGES" as it weakens Israel by getting land concessions over time.

[pakaal]

And Ynet quotes Lt. Colonel's lawyer as saying, "At no point during the incident did the Lieutenant-Colonel ask that any kind of shooting at the detainee take place. He did not give out any order for such a shooting...."

And so the circle closes. I can hear Sgt. Schultz now; "I see nooothink, I hear nooooothink!"

[sonoffestus]

There seems to be a common thread here. When Fascist governments are confronted by legal systems and laws that they feel do not apply , the judiciary gets labeled as "liberal activists" and the Fascists want to neuter them. I wonder why?

Time to stamp out Fascism...­.....Geez, didn't we have to do this before?

[jordanispalestine]

What fascist government?? the press is free to criticize the Israeli government as are dupes like Peace Now and other peaceniks. The fascism comes from the Arabs!

[arle]

Right. Because it's not like Israel has ever prevented media free access... like when they herded all of them into Sderot and refused to let them cross into Palestinian territory to document what the IDF was doing to Gazan civilians.

[Tunghoy]

The religious right-wingers in Israel's government are as bad as the religious right-wingers in America's government. And they all need to be thrown out on their tucheses.

And I'm waiting for Hamas to prosecute their people for sending suicide bombers and rockets to attack Israeli civilians. And waiting...­.....waiti­ng........­.zzzzzzzzz­zzzzzzzz..­....

[zaz33]

Tunghoy -

Hamas has banned suicide bombers and there hasn't been any incidents in years.

There have been very few rockets since "cast lead" and Israel has acknowledged that it's not Hamas firing them. A recent Haaretz article stated that Israel is convinced Hamas is actively trying to prevent the rockets.

Your assertions are becoming out dated.

[lightningbolt]

Hamas may have banned rockets and suicide bombers, but they haven't prosecuted the people who are responsible for those atrocities, unlike Israel, which does prosecute people who intentionally hurt civilians.

[JZ735]

Oh come off this.

[cinesimon]

Apparently treating human beings like human beings is now seen as "too liberal" for Israel's right wing.
Surprise, surprise.

[tailgateshirts]

no difference than here...

[JZ735]

Yes, it is hard for America to criticize Israel when the Israeli right has clearly modeled itself on our neocons...as it is well known, many of the neocons are Jewish, so it might be natural for the Israeli right to imitate the behavior of their American counterparts.

Still, people forget there is a substantial element of Jews on the left both in Israel and in the states who DO NOT think Israel does right and never wrong, just as we have people in America who know that this country can do much better than it has.

[sammyscout]

Israeli personnel have tortured numerous Palestinian prisoners, systematically humiliated and inconvenienced Palestinian civilians, and used force indiscriminately against them on numerous occasions. During the First Intifida (1987‐1991), for example, the IDF distributed truncheons to its troops and encouraged them to break the bones of Palestinian protestors. The Swedish “Save the Children” organization estimated that “23,600 to 29,900 children required medical treatment for their beating injuries in the first two years of the intifida,” with nearly one‐third sustaining broken bones. Nearly one‐third of the beaten children were aged ten and under.”49

[starsnsea]

Excessive violence and the inhumane treatment of Palestinians is a terrible stain on Israel's integrity.

This decision is an important step in the right direction.

[The Ghost]

Israel has no integrity.

[courtb]

Helpful and insightful

[Taxi]

And no morality.

[toomuchtolose]

Sadly, it's a drop in the bucket. It will make the world think the Israelis have changed,
but don't bet on it.

[toomuchtolose]

too little, too late.

[whoa20]

how many Palestinian courts have ruled against the PLO, Hamas, Hezbollah, Islamic Jihad, and the Al Aqsa Martyrs? Oh right, they don't have courts, or even rule of law.

[Tasies]

What a ridiculous post. I wonder how many democratic institutions Israel would have if the shoe was on the other foot.

[Garioch]

You've obviously missed the I.D.F. systematically targeting, destroying and killing many of the institutions the Palestinians have attempted to build that would have constituted such systems and provided the said rule of law haven't you?
All the courts buildings bombed, police men and students killed and other buildings of the civilian infrastructure destroyed just flew right past you didn't it.
Common Israeli tactic, first they destroy the ability to exercise authority and then blame the remnants for being unable to exercise this authority.

[jordanispalestine]

No courts are being or were being built!! That's a lie! Prove it!! Show one photo!

[jordanispalestine]

UH...Z-E-R­-O!!!!!!!!­!!!!!!!