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Families Cannot Sue Firm for Israel Deaths
NEW YORK - The parents of Rachel Corrie, the US peace activist who was crushed to death four years ago in the then Israeli-occupied Gaza as she was protesting against the demolition of Palestinian homes, have been refused permission to sue the company which made the bulldozer that killed her.
On Monday a federal appeals court ruled that Caterpillar Inc, the Illinois-based company that has supplied several bulldozers used by the Israeli Defence Force (IDF) in house demolitions in the occupied territories, could not be sued as to do so would bring the judiciary into conflict with the executive branch of the US government.
A panel of three judges argued that the legal action could not have gone to trial "without implicitly questioning, and even condemning, United States foreign policy towards Israel".
Corrie was killed on March 16 2003 by a 60-tonne Caterpillar D9 bulldozer in Rafah, Gaza, as she was attempting to prevent the home of a Palestinian pharmacist being razed. She was wearing a fluorescent orange vest and according to witnesses in full view of the bulldozer operator.
Her parents, along with four Palestinian families left bereaved in actions involving similar bulldozers, began legal proceedings in 2005. Lawyers acting for the families alleged that Caterpillar had sold the machines to the Israeli government on a commercial basis. The firm knew, or should have known, that the equipment was going to be used to demolish homes in violation of international law in incidents that at times led to the deaths of innocent people, they said.
Caterpillar, with supporting evidence from the US government, argued that the machines had been paid for by the Pentagon as part of the government's military aid to Israel.
Cindy Corrie, Rachel's mother, told the Guardian that she was extremely disappointed by the court's decision. "Clearly there were war crimes committed here and we will continue to challenge Caterpillar and the US government."
Mariah LaHood, a lawyer with the Centre for Constitutional Rights who acted on the case, questioned the role the US government played in giving evidence favourable to Caterpillar. "Isn't there a responsibility to permit justice to be sought on behalf of a US citizen killed in a foreign country?"
Caterpillar said in a statement that it was pleased with the ruling. "We are hopeful it will bring to an end what has been a lengthy but fair judicial process."
Corrie's story received widespread attention at the time of her death. Her emails home describing her experiences as a peace activist in the run-up to her death were turned into a stage play, My Name is Rachel Corrie, coedited by Alan Rickman and the Guardian journalist Katharine Viner.
Among the other families included in the legal suit were that of Mahmoud Omar al-Shu'bi from Nablus in the West Bank. In April 2002 a D9 bulldozer destroyed his home in the middle of the night in an action by the IDF, allegedly without warning. His father Umar, sisters Fatima and Abir, brother Samir and sister-in-law Nabila who was pregnant, as well as their three children aged four , seven and nine, were all killed.
The sale of Caterpillar equipment to Israel caused controversy within the Church of England after the synod voted last year to disinvest from firms profiting from Israel's occupation of Palestinian territory. However, it later decided to keep its shares in the company.
© 2007 The Guardian



66 Comments so far
Show AllApparently YOU are an anti-semite! Enough said. No more dialogue with terrorist sympathizers like you Windy. If you see all Palestinians (women and children) as terrorist, there is no hope for you. But you will be in for a rude awakening when you find out who your real enemies is. Enjoy your life in a zionist bubble.
Israel is as much a democracy as pakistan is.....
Our leaders are war criminals. Until we Americans acknowledge their crimes and hold them accountable, we will have no justice or peace in this country.
A panel of three judges argued that the legal action could not have gone to trial "without implicitly questioning, and even condemning, United States foreign policy towards Israel".
Obviously all three judges were rabid Zionists.
>
So far I don't see the problem here.
I didn't realize this could be used as a rationale not to sue a company.
Of course they can't sue Caterpillar. The US government can't let a pesky thing like *justice* get in the way of corporate profits or our cozy relationship with our favorite apartheid regime.
CAT is protected by AIPAC
A company is in business to make money by selling something or providing a service.
Unless the business was created to be used illegally or imorally, the trend of suing a business because their legal product was used illegally or imorally is just plain wrong. It's the same as blaming an auto or tire manafacturer because someone used their product in a way that it was not meant to be used. The only exception to this is if a product was found to be unsafe during normal operation.
These "deep pocket" lawsuits have to stop! I would place the blame where it belongs. On the person that used the equipment in a way that brought harm to another.
These type of lawsuits are why lawyers are seen as bottom feeders.
". . . the machines had been paid for by the Pentagon as part of the government's military aid to Israel."
So the bulldozers are weapons!!!!!
And it's not the first time, far from it, that Israelis have used them to bury people alive in demolitions.
"My mother is jewish, and I believe most jewish people are good, decent people. "
i agree. in israel, jewish activists are persecuted for daring to stand up to the government. i hate to use the word "jew" really in referring to the zionist scum. they'd kill most of the jewish people if it would further their goals, and probably have killed some already.
these are the same who use the holocaust for their own benefit and always put forth the cry "anti-semitic". they want us to hate all jews but that's bad and it works towards their benefit.
the zionist threat to world peace is enormous. these people care nothing about humanity at all. not for jews, or for anyone else. like bush and cheney are white but dont' represent the caucasian people or they sure as hell don't represent me.
anyone see the Rachel Corrie, play, I bet you didn't. They cancelled it in NY before it even opened. "Too controversial"
They should sue the U.S. government.
If you pay for a gun and then give it to someone to commit a crime, you are guilty as hell.
This Pseudo democratic, pseudo humanitarian regime supplies bulldozers to demolish poor people's homes on their heads. Bastards!
Um... don't stand in front of a bulldozer and if you do, don't be surprised if it kills you.
No sympathy. Stand up for terrorists, die like a terrorist.
Wendy, you are standing for terrorists of the worst kind: State-sponsored terrorism!. And you apparently also support Apartheid and collective punishment? Which Nazi training camp did you just graduate from?
Shame on you!!
wendy,
shame on you. what an assinine statement. From your argument, if you as a jewish person come in front of a neonazi, it is ok for a neonazi to kill you.
Shame again to you.
First of all Corrie did not support terrorists she stood up to a bulldozer that was about to bulldoze the home of a family. That family was not a terrorist family. They were Palestinians trying to live on their land land that their ancestors have lived on for generations. The Israeli Jew that bulldozed over her body was a murderer of the worst sort. No conscience. Sick.
One thing on the bulldozer. Why werent palestinians there with her? If they are able to throw rocks at armed soldiers, and strap bombs on themselves and kill themselves that way, why dont they just sit en masse in front of the bulldozers ?
To me it was odd that she was there alone.
Couple of other things, I wonder if there are any other countries where the children write messages on bombs to be dropped on another country--like israel did with lebanon?
Pretty monstrous. Ok so they are paranoid about attack--raising your kids that way is no better than the claims that the arabs raise their kids to hate jews.
There is an article by HG Wells on the dangers of nationalism.
It focused on the persecution of jews before WW2 and suggested that part of the hostility towards them was the attitude among the orthodox that makes them be secretive and isolated in a non jewish community, the belief that they are the chosen people of the One True God(meaning all others are false--so if you are a non jew you are basically inferior).
Pretty incendiary stuff, but I have to say, after what I have seen in recent years, I think it may have some legs(not an excuse for Hitler obviously, just something that helped promote some forms of anti semitism).
zeightgeist: there's a difference between judaism and zionism. the former is a relgion, the latter a *political* movement. don't confuse the two. your careless rants about "evil jews" is fodder for anti-semites and their ilk.
You guys have fun here. I am off to play with my baby. :-)
Windy, you conveniently forget some facts. At the beginning of the twentieth century, a majority of the people living in what is now called Israel were Arabs. As a result of the Dreyfus case and later WWII, Jews from Eastern Europe moved into the area, forcing the Arabs from their homes. Many were later expelled. The Palestinians supporting the PLO, and later Hamas did so because they felt that they had nowhere else to turn to. It was like FInland joining the Axis in WWII. Stalin took some of their land and they joined to get it back. I'm also tired of people shouting "Anti-Semitism" any time somebody criticizes Israel, no matter how valid the criticism.
Wendy, seems to have a phobia of semites. And has NO historical nor political understanding. God help us all from fools like these. BTW, Dems and Repubs are one and the same. they both represent the United Sates of Israel rather than the United States of AMERICA.
Windy September 19th, 2007 2:56 pm
Rachiel Corrie lost her life (delibertly crushed) protecting a doctor's home from the Collective Punnishment that the Jewish State uses on the Palestineans. What the Israelis are doing is a total war crime. I read that Ms. Rice is flying to Israel - perhaps to look through the 'wall' at the Carnival Of Hell that the Jews have made of Palestine. Perhaps they will lable the remaining Gaza residents as some sort of 'terrorist state' so that they can get on with their Final Solution to the Palestinean problem. The last time someone did this, in the 1940s, it was mercifully swift. This genocide has continued with glacial swiftness since 1948.
Good name Whatfool. Fitting.
What you meant to type was... "Rachiel Corrie lost her life (delibertly crushed) protecting a TERRORIST doctor's home from the Collective Punnishment that the Jewish State uses on the Palestinean TERRORISTS."
As I stated, I do believe in collective punishment and see nothing wrong with it when the recipients are collectively guilty.
"Carnival of Hell" I like that. It fits Gaza to a "t". Hopefully it gets worse enought that the Palestinians decide to negotiate in good faith for a change instead of firing missles.
Ahro my child. I have a great historical understanding. I know the history of the Middle East well. I read LOTS and I do read the different opinions. I know that there is NO justification for killing innocent Israelis. If Palestinians stop fighting, Israel stops fighting. As long as Palestinians keep fighting, they get to live in their Carnival of Hell.
FWIW, Israel is not committing a war crime as there is no "war" in progress therfore they don't have to follow any convention or anything against the Palestinians. Everything is fair.
Like I said, this is simple, stop fighting, get peace. Until then, the entire Palestinain state is composed of terrorists. Hungry cold terrorists at that. You did read that Israel is cutting off the oil and electricity again? It was in the news from a number of sources this morning.
Hmmm, I believe there were witnesses to her being run over.
And throwing rocks is a bad thing? The poor people don't have machine guns, they fight the only way they can, with crappy rocks and bombs on themselves. It is much easier to just fly over a village and blow it up. Ass
Windy, I believe he was a pharmacist. A 'terrorist' is anyone that gets in the way of American or Zionist agression. I hope you will understand if I am a little short with you - You see Rachael was a local girl...
windy,
WTF are you smoking ?
"It was like FInland joining the Axis in WWII. Stalin took some of their land and they joined to get it back."
Except that Finland still exists. They made peace, they weren't occupied at the end of the war. They realized that they could have peace by stopping to fight which they did in 1944. They cleared their mines, they gave up land. Now they are a modern state with a killer social system and life is good and the life in Russia is a "Carnival of Hell".
Arabs can't seem do that...
I might add that as allies of the Germans, the Finns handed over exactly - 8 - Jews to Germany.
Good example of a people the did it right.
"I hope you will understand if I am a little short with you - You see Rachael was a local girl…"
Good, tell her parents she was supporting terrorists then for me.
Bulldozers under military aid, really, just were in the military do they use bulldozers? I know to kill people who are trying to say a persons house. Or build big time bases in the Middle East.
The justice system in this country is not worth a plug nickel. Can't interfer with foreign policy.
Just what is left of this country? Not much. Rachel goes to HELP people, people that are under a genocide conducted by the Israel goverment.
I found it funny that Jewish people who were the victims of one of the world's worst crime is now the leading govement conduction GENOCIDE
Windy must be a fitting name for someone who has an empty mind. Stop reading Zionist propaganda. You have a very myopic view history. Must have stopped about 2000 years back and restarted in 1948.
BTW, I am not your child as i don't associate with murderers and their supporters. And before you claim my support for Hamas, I suggest you find proof first before making that asinine accusation.
"stop fighting, get peace"
Entirely on our terms of course. You will live in squalid hovels, we will live in fancy condos on hills. If your hovels, shops or quaint 2000-year old olive trees get in the way of our condos and resorts, we will bulldoze them.
Alternatively, you can convert to judaism, stop speaking your backward language and using your stupid alphabet, make your skin lighter, wait for a miracle to lift you out of poverty, and maybe you can live in our condo's too.
This is the peace we offer you...
Child ahro. I never intimated that you were a member of Hamas or supported them, they are terrorists, murderers and you stated that you are not a supporter of such.
I just think that you are incapable of telling right from wrong on this issue. Simple arrested development.
My view of history is that there is no way to assign right or wrong based on history because it is an unending chain of eye for an eye. I base right and wrong on the intent of the peoples there now. One wants to live in peace, the Jews, the other, the Palestinians, wants to eradicate the Jews and drive them to the sea.
The non-Westerner wants to kill the Westerner. There is no choice on who to support.
"Entirely on our terms of course. You will live in squalid hovels, we will live in fancy condos on hills. If your hovels, shops or quaint 2000-year old olive trees get in the way of our condos and resorts, we will bulldoze them."
On the terms of the Israelis, yes. The time for negotiation as equals is long past. Still, peace is possible. Palestinians can stop fighting and start working. When fighting stops, the Israelis will be a lot more willing to allow development. For now though, why allow your enemy to grow strong?
Peace - on Israel's terms or starvation and marginalization. From where we are it is really academic. We aren't going to be missing any great literature, food, music, movies, poems, or anything for that matter if the Palestinians fade into a footnote of history.
Windy, apparently you have twisted moral compass as to wht is right and wrong.
And woman, don't call me a child!
Ahro. You ARE a child. You behave like a child. You think like a child. You argue like a child. Why are you not a child? You don't understand the world and you clearly don't understand right from wrong. Palestinian militants are killing innocent people in Israel and the Palestinian people don't stand up to them to stop the killing. That makes them terrorists as well.
You are also a misogynist. What sort of progressive are you?
Windy, please answer the following.
Were you ever in the Middle East, and if so, when?
If you have never been there, bug off. I have seen the destruction and havoc caused by the settlements in the West Bank. I saw the Worship site where a settler slaughtered Palestinians during Friday Prayers. I saw IDF guards turn elderly Turkish women away from shrines because they were carrying a can of soda. They humiliated them and laughed saying - how do we know that isn't a bomb?
I'd like to think that if you had seen what I did, you may change your mind. I was not impressed by the Palestinian conduct, but at least they did not humiliate people.
As for the USS liberty - just google 'USS Liberty'. The survivors are still trying to get their story heard.
Pretend you are looking for answers - find out who was responsible for calling back the US Navy jets scrambled to assist the USS Liberty (not once, but twice) Hint: at least one has held a responsible position in the Bush admin.
find out the most recent time representatives of Israel interrupted funeral services for a survivor during a eulogy that contained reference to the attack.
The Rachel story is a blot on our society and its support of uniformed terrorism.
P.S.
The Zionists are trying to live off the good reputation of the Hebrews.
The whole conflict is about the stealing of land and water rights from an indigenous culture that has family deeds dating back 600 years. Nothing more - Nothing less.
Until the zionists inserted themselves, it was a multi-cultural area.
Windy got some issues...and ugly ones at that too.
What do you think the IDF were doing in civilian areas? Dropping flowers? Was using a 2000lb bomb necessary to kill one man and calling the innocents killed collateral damage acceptable? You sound like a senile old woman trying to justify the wrongs by claiming the other side does it too. That is childish.
"Were you ever in the Middle East, and if so, when?"
Yes. I was there in late 1979, from 1989-91, 1998, 2003 and 2007. In several countries including Israel. I was not impressed by Israeli conduct but at least they didn't blow themselves up at bus stops or direct their missles to schools on the first day of the new school term. They are a Western Democracy first and formost and that sets them apart from any country in the area except Turkey which is the same.
I know who was responsible for the Liberty, it isn't any secret. It wasn't at the time and it isn't now. There books and reams of articles. I have read a lot of them. I don't like what Israel did or our response and participation in the event but I don't see how that matters at all in regards to the Palestinian terrorists or Racheal the terrorist's death.
I see you mention the Liberty over and over like people don't know about it, what's your point?
"What do you think the IDF were doing in civilian areas? Dropping flowers?"
Killing terrorists.
"Was using a 2000lb bomb necessary to kill one man and calling the innocents killed collateral damage acceptable?"
Yes. Clearly it is. If you hide terrorists among terrorists, you end up killing terrorists. End of story. There were Japanese factories in cities that we bombed. People died. Oh well. There were German civilians in cities that we bombed. Oh well. The enemy is the enemy is the enemy and you kill them as long as they are the enemy. Do we bomb Japanese cities now? German cities now? No. They stopped fighting and we stopped killing. Simple. Palestine can do the same as soon as they are sick of the killing. When they are they will get around to peace.
"You sound like a senile old woman trying to justify the wrongs by claiming the other side does it too. "
I repeat, you are a misogynist you poor little stunted thing. Maybe you can get some help with that moral compass of yours. In the meantime remember that the Democrats in power, and those that are going to be in power, all agree with me on Israel. What are you ever going to do about that? Vote Republican? I think not. You are caught in your hate and without a path to the future. I hope you get some help.
Good luck child.
"They are a Western Democracy ... Turkey which is the same." I see you are a liar of the first order.
Very Interesting. This federal court just contradicted the very basic structure of what's supposed to be the American Republic. The design of that Republic was deliberately one of separate and co-equal branches that could serve as a series of checks and balances on each other in order to prevent any abuses.
So, when this federal court says they can not contradict the Executive Branch, they are telling you that the Republic that the citizens of this land agreed to in the Constitution is dead and gone. If you view the Constitution as a charter between the people and the government it established, this court just ruled that this agreement is null and void.
If we are to have peace we must learn to stop demonising other people and races see my Moral premises of Nuclear War which examines the phenomenon of projection and the anthropology of war :
http://www.lulu.com/content/696321
and also Every Day is 9/11
http://www.lulu.com/content/644639
recoprocal demonisation allows bestial acts and no nation or village or couple is immune from this problem. Human beings have to be aware and refrain and keep in check these impulses. We are are memebrs of one family.
god created one family and then added the chosen children according to windy. C'mon be kind to the american prince/princess with a democratic talk but hardcore right wing nutcase.
windy,
did not find a wise guy yet to be the ptrsident of this great country.
why don't you contest? You may solve the ME problem once for all.
Just curious, what are common features between jews and muslims..same sabbath day,same beard,no pork,solomon is suleiman, cohen is khan,similar religious customs,etc. You seem to have lived in ME for a long time.
Wendy,
Hey, you're in luck! There's this group of former progressive liberal democrats who've woken up to the "real world," and have since become some of the most strident apologists for the zionist agenda, and the doctrine of American (and Isreali) Imperialism and exceptionalism. They unapologetically support preemptive wars and take their marching orders from AIPAC. They're called "neoconservatives." You should visit some of their web sites instead, and stop calling yourself "progressive."
If this doesn't prove that AIPAC is running things here, in the US, I don't know what does. If this outrage had happened to an American citizen in any other country, we'd be on war footing asap. But it didn't happen in any other country, it happened in Israel, which makes me ashamed to be Jewish. The right wing religious takeover of what could have been a great secular nation is heartbreaking. For those of us who are aware just what apartheid and injustice are about, Israel today is a mockery of "democracy". There can be no democracy where there are second class citizens.
Well, I must say, that Bush certainly succeeded in packin' the courts with like minded dummies. No so-called US company - how dare they call themselves US companies when they have outsourced every job that wasn't nailed down - will be subject to a cause of action in court(s) because the Bushie fed. judiciary will not allow it. Studying law sure seems to be a waste of my time these days, since we the people won't have any legal remedies left. This is what TORT REFORM is all about. See you folks in the gulag!
Robin Kostel, LAWBIRD
To say the entire palestinian state is "terrorists" is incorrect for two reasons, they arent a state, and such blanket assertions with no intellectual honesty about what the israeli's have done is simply irrational.
I recognize the need in Windy to presume her side has the "white hats" and she is therefore not complicit in criminal behavior, however the facts do not bear that notion out. There is plenty criminal acts on both and all sides, this is irrefutable.
The word "terrorist" should be "criminal" we didn't need another word for CRIMINAL, we never needed a new label.
Once you clarify that honest assessments reveal there is no side in this that isn't CRIMINAL.
"On Monday a federal appeals court ruled that Caterpillar Inc, the Illinois-based company that has supplied several bulldozers used by the Israeli Defence Force (IDF) in house demolitions in the occupied territories, could not be sued as to do so would bring the judiciary into conflict with the executive branch of the US government."
Enough said.
Those who support the furthering of fascism will meet their fate. History supports this.
People don't feed the troll!
Lets get back to the topic at hand. Just like our Congress our Exective Branch and now the Judiciary seem to be in AIPAC's hands. Really we've got to educate others. Pass out copies of Walt and Mersheimer's book, watch google videos with your friends and family who know little about the conflict such as the movie Occupation 101, Donate to the Council on the National Interest (the anti-AIPAC lobby) but please do something rather then feeding the trolls on Commondreams! Our country is in major trouble and war with Iran pushed by AIPAC not only will lead to WWIII it will collapse the dollar and our economy. Let's save what's left of the United States! At this point there isn't much left to save.