By Tom Wright & Therese Saliba
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.
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