Rachel Corrie, 23, writer, artist, and a brave human rights warrior from
Washington, was crushed to death by the Israeli military bulldozer near Gaza
on March 16, 2003, trying to prevent the Palastinian homes being demolished by
armored Israeli bulldozers. The world remembers her with tribute, on her 5th
death anniversary.
Rachel Corrie's Case For Justice
By Tom Wright & Therese Saliba
21 March, 2008
The Electronic Intifada
The darkness is infinite
As I leave the curtain's edge
It is filled with watchers
Silent judges
- Rachel Corrie, about 11 years old
As their plane touched down in Tel Aviv recently, Cindy and Craig Corrie
marked five years since their daughter's death. On March 16, 2003, Rachel
Corrie, 23, was crushed to death beneath an armored Israeli bulldozer. The
Corries are a short distance from Gaza, where Rachel was killed, and where in
the past few weeks, an Israeli military incursion killed over 100 Palestinians,
including many women and children.
This week, the Corries come to Israel to attend the first Arabic-language
performance of the acclaimed one-woman play, My Name is Rachel Corrie.
Compelling though her story was -- an American peace activist killed trying to
block the demolition of her Palestinian host family's home, killed by the
military of her own government's major regional ally -- Rachel's story might
well have faded quickly, subsumed in the weekly news cycle just three days
before the "Shock and Awe" of the attack on Iraq. But her family's instinct,
even in the first hours of grief and bewilderment, felt imperative: "We must
get her words out." Rachel's emails home during her month in the Gazan border
town of Rafah, volunteering with the International Solidarity Movement (ISM),
had stirred and shaken her family and friends. Having traveled from her
comfortable life in her hometown of Olympia, Washington, she had sat smoking
late into the night, passionately reporting the other-worldly scenes of
violence and destruction from the military occupation around her.
From Rachel's habit since childhood of journal-keeping and poetry-writing,
her parents knew her to be a writing talent of great originality and promise,
and they sensed that her dispatches from Gaza could have a broader reach.
Editors at the Guardian in London felt similarly, and told the Corries that
Rachel's words "connected readers to the occupation more than anything they had
read in a long while." The Corries granted the London newspaper permission to
publish the e-mails nearly in total, yet to their knowledge, no US newspaper
picked them up.
From there, Rachel's writing came to the attention of the British actor Alan
Rickman (best known as "Snape" of the Harry Potter films), whose collaboration
with Katherine Viner of the Guardian would lead to the play My Name Is Rachel
Corrie, produced by the Royal Court Theatre in London. That project, which
germinated and was nurtured in London, would later reach audiences in the
United States and around the world.
In the days following Rachel's death, the Corries' whole world was upended.
With little connection to Mideast issues, they found themselves "catapulted
into the midst of an international conflict and controversy." They moved back
to Olympia, Washington, and immersed themselves in work, from local grassroots
campaigns to national and international work on behalf of peace between Israel
and Palestine. It was the beginning of an education.
The Search for Accountability
The family wanted the help of their own government in the painful task of
securing the return of Rachel's body, as well as in determining responsibility
and seeking redress. According to the US Department of State, on the day after
Rachel's death, Israeli Prime Minister Ariel Sharon promised President Bush a
"thorough, credible, and transparent" investigation. State Department Spokesman
Richard Boucher assured: "When we have the death of an American citizen, we
want to see it fully investigated. That is one of our key responsibilities
overseas to find out what happened in situations like these." US Representative
Brian Baird, whose district includes Rachel's native Olympia, introduced House
Concurrent Resolution 111 calling on the US government to conduct a full
investigation of her death.
When Israeli officials said that an autopsy had to be performed before
Rachel's body could be returned, the Corrie family insisted that an official
from the US Embassy be present. They also requested that it not be performed by
anyone associated with the Israeli military, since after all, these were the
people who killed her. Even an Israeli court ordered that a US official be a
witness, and with this understanding the Corries acquiesced. Not until 2007
would the family learn that their requests, and the court order, weren't
honored. Although the State Department knew for four years that no American had
been attendant, the Corries discovered this only through a Freedom of
Information Act request. Furthermore, the autopsy had been performed by someone
the IDF used regularly.
The results of Israel's investigation were announced in May of 2003.
Eyewitnesses had reported that Rachel was clearly visible, at eye level, to the
two drivers of the Caterpillar D9 bulldozer, surely plausible given her Day-Glo
flak jacket, and the highly charged context of the skirmishes with the ISM
activists throughout the day. (One soldier entered into the log that day,
referring to the International activists: "Those foreigners should be handled
and their entrance into the Gaza Strip forbidden. Additionally the firing
orders must state (illegible) that every adult person should be shot to kill").
But the military report simply found that they did not see her.
The case was closed and no charges were brought. The report would not even be
released to the US government, whose billions in annual largesse ranked Israel
as by far the largest recipient of American aid. Pressed by the Corries, former
Secretary of State Colin Powell's Chief of Staff, Lawrence Wilkerson,
acknowledged that regarding the Israeli Defense Forces' report, "Your ultimate
question, however, is a valid one, i.e., whether or not we view that report to
have reflected an investigation that was 'thorough, credible, and transparent.'
I can answer your question without equivocation. No, we do not consider it so."
But the US government declined to conduct its own investigation, and claimed it
could not force a "thorough, credible and transparent" inquiry from the
Israelis. Congressman Baird's resolution calling for an investigation had
gathered 77 cosponsors, yet died in committee that year without a hearing.
The Corries persisted. It took nearly two years before they had a contact in
the Justice Department, and were able to meet with the US Attorney in Seattle,
John McKay. He explained that one of the elements to enable a prosecution was a
certification by the US Attorney General that the killing was intended "to
coerce, intimidate or retaliate against a civilian population or government."
This anti-terrorism statute was used against Indonesia, when the FBI went to
investigate the killing of an American, Rick Spier. Cindy explained how McKay
told them, "'I'll give you as much time as you need, but I'm here to tell you
that no Attorney General-past, present or future-will ever certify against
Israel.' Maybe that's what shocked me the most," she said. "I couldn't believe
that Mr. McKay was being so forthright. I was dumbfounded."
On 17 March 2005, the family met with Barry Sabin, head of the
Counterterrorism Section of the Criminal Division at the Justice Department.
Sabin told them that the applicable criminal statutes could be applied to the
military of a foreign country and that Rachel's killing could meet the criteria
of "trying to coerce, intimidate, or retaliate," if there was proper evidence
for it.
The Corries said that such evidence was abundant, citing the killing of
Rachel and two other international human rights observers within a seven week
period by the IDF in Rafah, all of whom were documenting civilian home
demolitions on the border between Gaza and Egypt. They pointed to the
intimidation of internationals and Palestinian municipal water workers trying
to repair water wells destroyed by the IDF in Rafah; finally, the mass
demolition of civilian homes in Rafah was itself evidence of precisely such
intimidation and coercion. But, echoing US Attorney McKay, Sabin told them
there would be no investigation without the ability to prosecute, which would
required certification by the US Attorney General.
The family would meet once more with Justice Department officials Sabin and
Michael Mullaney, more than a year later, when they were duly informed that the
only applicable statute was Title 18, 2332, which required that Rachel's
killing come under the rubric of a "serious, violent attack on a US citizen or
US interests." But Justice wasn't going to pursue an investigation under Title
18, because, as Mullaney explained, they had to go back to the original intent
of Congress in that statute, which meant it only to apply to "terrorist"
attacks on Americans.
Cindy says, "I really asked the question twice: 'Are you saying that no
matter what amount of evidence we bring to you there will never be a US
investigation into Rachel's killing?' And Barry Sabin said, 'I never say never,
but no.' And our daughter Sarah said, 'Even if we could show intent?' And he
nodded." Sabin counseled that the criminal justice system was not the means to
solve all problems. He suggested to the family that perhaps the play, My Name
is Rachel Corrie, was the best way to address the issue.
Caterpillar-the Question of Liability
Weighing more than 60 tons with its armored plating, the Caterpillar D9
bulldozer that killed Rachel Corrie is built to destroy a reinforced concrete
house in a matter of minutes. More than 70,000 Palestinians have seen their
homes destroyed by the IDF since the occupation began, and some 1,600 of these
homes were demolished in Rafah alone, between 2000 and 2004. The wholesale
destruction of neighborhoods on pretexts that were at best flimsy has long
attracted the condemnation of the major human rights organizations, and
executives at the Caterpillar Corporation can hardly claim innocence of the
controversy. Rights groups have spent the last twenty years filling
Caterpillar's In-box with appeals about grave breaches of the Fourth Geneva
Convention, to no effect.
In April 2002, the home of Mahmoud Omar Al Sho'bi was bulldozed to rubble in
the middle of the night, without warning, in the West Bank town of Nablus.
Perishing inside were his father Umar, his sisters Fatima and Abir, his brother
Samir and pregnant sister-in-law Nabila, and their three children, Anas, Azzam
and Abdallah, ages four, seven, and nine.
In 2005, the Corries joined Mahmoud and four other Palestinian families as
plaintiffs in a major lawsuit against Caterpillar.
The suit charged not only wrongful death, public nuisance and negligence, but
that Caterpillar violated international and federal law by selling the
bulldozers to the IDF despite its knowledge of their intended, unlawful use. In
doing so, claimed the lawsuit, Caterpillar aided and abetted war crimes such as
collective punishment and destruction of civilian property.
Judge Franklin D. Burgess in the US District Court for the Western District
of Washington dismissed the case without permitting discovery or hearing oral
argument. His reasoning included the disturbing interpretation that a company
cannot be held liable for selling its products-merely knowing they will assist
war crimes -- unless it actually intended that the war crimes be committed. It
is hard to imagine the corporate tort case that could surmount this kind of
impediment.
Corrie et al vs. Caterpillar then proceeded to the appellate level, before
the Ninth Circuit. Just before the Court was set to issue its ruling, the
Government weighed in on the matter with a late amicus brief -- standing with
Caterpillar, and against the Corrie plaintiffs. In the brief, the US first
stooped to argue that there should be no liability for aiding and abetting
human rights violations under the statutes germane to this suit, namely the
Alien Torts Statute of 1789, and the Torture Victims Protection Act of 1992.
(These Acts are part of the foundation of individuals' access to US courts in
cases of human rights violations.)
Then, in the same brief, the government declared (without submitting
evidence) that it had reimbursed Israel for the cost of the bulldozers.
Therefore, went its argument, to hold the company liable would be to implicate
US foreign policy itself in criminal violations. Foreign policy being the
prerogative largely of the Executive branch, the Court lacked jurisdiction. To
hear the case would be a breach of the separation of powers.
Incredibly, the Ninth Circuit embraced this "foreign policy" argument, and in
September, 2007 affirmed the dismissal of the suit.
"Foreign policy" challenges of this kind, based on the so-called "political
question" doctrine, do come before the courts, but are usually rejected,
explains Maria LaHood, Senior Attorney with the Center for Constitutional
Rights, and who led the legal team. It's just not the kind of dispute that has
been found to involve a genuine "separation of powers" conflict, she argues.
"Here we have private parties suing Caterpillar for war crimes and other
violations, and way off to the side we have the possibility that the US is
paying for the bulldozers. It's so far attenuated that it is a stretch to call
this a political question. We allege violations of international law. That's
what the court's role is-to adjudicate. Take this to its logical extension: you
sue corporations, foreign officials, foreign governments, and anytime it may be
a party that receives aid from the US government, it somehow interferes with US
foreign policy? That just can't be."
The plaintiffs are now awaiting a reply on their petition for a re-hearing of
the appeal.
The Reach of Rachel's story
In Rachel's case, all three branches of the US government have now taken a
stand -- against her, and in favor of Israeli and corporate impunity. The
Corries aren't deterred. "The kind of impotence in government around this whole
issue, after five years with Rachel's case," says Cindy, "points to the need
for people at the grassroots level to find other channels, other ways of
keeping the communications open, of building those relationships that
ultimately are going to lead to some change in the world."
Rachel's parents, along with many community activists, have established the
Rachel Corrie Foundation for Peace & Justice and the Olympia-Rafah Sister City
Project (ORSCP), local initiatives fostering exchanges and projects with
Palestinians. With Gaza under siege, and Hamas declared a "terrorist
organization," ORSCP faces financial obstacles, and delegates from both the US
and Rafah face difficulties getting in and out of Gaza. Cindy states that the
extreme difficulties "make it all the more important to keep trying to do the
work. It's because it's that bad that it's so crucial for us to not just back
away and say it's too hard."
Yet even on the local level, the government is a hurdle to be overcome. The
Olympia City Council rejected official sister-city status in April 2007 after a
concerted campaign by local activists. Despite broad community support, as well
as the backing of Sister Cities International, the City Council thwarted the
initiative, deferring to some in the community who viewed the Palestinians as
"terrorists" and the project as "divisive." As one organizer wrote from
Portland, "If Rachel Corrie's city cannot gain official recognition, then who
can?" Still, the Olympia-Rafah Sister City Project, initiated by Rachel, won't
go away. In the past month, two local delegates got in to Rafah to witness
conditions under siege and the temporary breeching of the border wall, and to
offer some slight economic relief through fair trade exchange of Palestinian
embroidery, even as people imprisoned in Rafah are running out of basic
supplies, such as thread, baby formula and medicines, not to
mention food, water, and electricity.
If all official avenues have been closed to Rachel's case and vision of
justice, the power of her words has proven indomitable despite efforts to
silence them. And if, as Justice Department official Barry Sabin claimed, the
stage play was indeed the best means of addressing Rachel's killing, then the
play indicts the Israeli military in the deliberate killing of Rachel, as well
as in the systematic onslaught on the Palestinians' ability to survive. My Name
is Rachel Corrie, which opens this week in Haifa, in Arabic, is reaching
audiences worldwide. From the cities of Lima, Montreal, Athens, New York, Des
Moines, Seattle, and scores more, and with showings performed or scheduled
throughout Europe, and in South Africa, Australia, even Iceland, Rachel's story
continues to have what Cindy describes as an "unexpected impact." In several US
cities, theaters have backed out due to political pressure. "If people aren't
familiar with the political landscape," states Craig, "they
can be blindsided and easily scared by the pressure." Yet artists and
activists offended by the censorship and silencing, usually find creative ways
to stage the play, bringing even more attention to Rachel's story.
Moreover, this month has seen the release of Let Me Stand Alone: The Journals
of Rachel Corrie, a major publication by Norton. Here, as in the play, Rachel
becomes more than a political symbol. As Cindy explains, "Sometimes she is
demonized; sometimes she is lionized, but it makes it more possible for her to
have more impact if people see her as human." The sustained beauty of Rachel's
writings and sketches, and her incisive observations into personal and global
relationships, from 10 years old into young adulthood, expose a young woman who
is deeply caring, creative, quirky, wise beyond her years, anything but naive.
"People accuse Rachel of being naive, which of course she wasn't," says Craig.
"Though she may have been naive about US pressure on Israel." Up to the day of
her death, Rachel worked tirelessly, building relationships with Palestinians
and Israeli activists, engaging in direct action, and strategizing on the
grassroots level to stop the "massive destruction
of civilian homes" in Rafah. In a press release from March 2003, she writes,
"We can only imagine what it is like for Palestinians living here, most of them
already once-or-twice refugees, for whom this is not a nightmare, but a
continuous reality from which international privilege cannot protect them, and
from which they have no economic means to escape."
Today, the Corries share Rachel's sense of urgency, even as they point to the
hypocrisy of the US government, the world's superpower, claiming impotence and
abdicating responsibility in Rachel's case, and in the case for Palestinian
justice. As Craig says, "We have the luxury to sit around and discuss all of
this, yet we feel the growing impatience. We want to drive home Rachel's
message that we have a responsibility to act."
Tom Wright directed the documentary, Checkpoint: The Palestinians After Oslo,
and was a founding member of the Olympia-Rafah Sister City Project. Therese
Saliba is faculty of International Feminism and Middle East Studies at The
Evergreen State College, Olympia, and is a board member of The Rachel Corrie
Foundation for Peace & Justice. They can be contacted at tomwright59 A T
comcast D O Tnet. This article originally appeared on CounterPunch and is
republished with the authors' permission.
With Regards
Abi
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