The occupier defines justice

[Englander]

By Amira Hass

On Jerusalem's Jabotinsky Street, opposite the President's Residence, a medium-sized plaque is fixed on a locked gate, enclosing a broad building and a lovely garden: "This building was the location of the British Mandate Government's High Military Court, which held the trials of the Hebrew resistance fighters from the Haganah, Etzel and Lehi." The sign bears the emblems of the Jerusalem municipality and the three resistance organizations. It further notes: "The resistance fighters refused to acknowledge the authority of the court to judge them, and asked to be recognized as prisoners of war."

The speaker of the Palestinian Authority's parliament, who was arrested two weeks ago by the Israel Defense Forces, also refused to acknowledge the authority of the Military Court to judge him. Obviously the two latest detainees, whose arrest was deemed by Israel to be the appropriate solution to its shortcomings in releasing kidnapped soldier Gilad Shalit, will make the same declaration. Nasser A-Shaer, the Palestinian education minister and deputy prime minister, and Mahmoud Ramahi, chief whip of the Palestinian Legislative Council, were arrested on Saturday and Sunday. Incidentally, the Palestinians have lately ceased using the verb "arrested" in regards to the arrests of Palestinians by Israeli soldiers. Instead they use the verb "abducted."

These three detainees/abducted join about 10,000 other Palestinian prisoners and detainees. As with the prisoners of the Hebrew resistance, who saw themselves as POWs regardless of their actions (killing British soldiers or Arab civilians), some Palestinians request that their prisoners be declared POWs. Others prefer the definition of political prisoners. Let's let the definitions rest. In any case, from the offense to the jailing, Israel, as an occupying force, plays around with the definitions as it sees fit.

On Sunday, at 4:30 A.M., IDF soldiers shot and killed a worker, Jalal Uda, 26, and injured three other Palestinian civilians. This happened not far from the Howara checkpoint, south of Nablus. Palestinian newspapers referred to it as the "crime scene." The young men rode a taxi in a road bypassing the checkpoints. For the last several weeks the army has again forbid young men under age 32 from leaving Nablus. But people have to make a living, and thousands are looking for hidden routes. An offense punishable by death, so it seems. The soldiers acted as prosecutor, judge and executioner. According to the rules of occupation, when soldiers kill Palestinian civilians, they and those who sent them are never criminals, suspects, accused or convicts. The brigadier general who limits the age of those who exit the Nablus compound, by virtue of his belonging to the "Defense Army" can also not be considered a criminal, suspect or convict.

When a Palestinian kills an Israeli - soldier or civilian - his name, picture and details of his indictment will be published. He will automatically be condemned to life in jail, and his prime minister or the leader of his organization will be considered responsible and hence a target for arrest or assassination. The soldiers who kill Palestinian civilians are sheltering under the wide apron of the occupation army. Their names will not be known in public, and their prime minister and commanders will not be deemed accountable.

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Haaretz