From my e-mail:
[The trial of Rabbi Arik Ascherman on charges of civil disobedience began yesterday in Israel. Ascherman, who is the executive director of Rabbis for Human Rights http://www.rhr.israel.net/, is charged with blocking the path of bulldozers set to demolish a Palestinian home in East Jerusalem.
The home was slated for demolition, not because its residents were charged with violent acts, but because they had defied Israeli rules against building without a permit on land they own. Such permits are nearly impossible to obtain for Arab residents of occupied areas that Israel claims for itself and controls.
This is all the more true now that Israeli leaders have become so vocally concerned about the “demographic threat” posed by the fact that within a short time Jews and Arabs living in Israel and the Occupied West Bank will achieve demographic parity. According to statistics presented by B’Tselem, the Israeli human rights organization, 479 Palestinian houses have been destroyed by Israel as “punishment” since 2001, while in the past ten years, the authorities demolished more than 2,200 residences for “administrative reasons,” leaving more than 13,000 Palestinians homeless. This policy continues today in Area C.
During the same period, at least 155 Israeli settlements, containing more than 170,000 Jewish Israeli citizens, were established (see http://www.btselem.org/). Ascherman and other Israeli activists such as Jeff Halper of the Israeli Committee Against House Demolitions have been deeply involved in trying to put an end to demolitions (this is to say nothing of the Palestinians who have been risking far more than arrest to prevent the demolitions), but now, with the arrest of Ascherman, the Israeli government is clearly signaling that it will take a harder line towards citizen-dissenters.
Over 400 rabbis have signed a letter calling the trial of Ascherman unjust
(see the newswire article at: http://releases.usnewswire.com/GetRelease.asp?id=138-01122004
and the protest letter at http://www.rhr-na.org/). What can Americans do in this case? Write letters to Prime Minister Ariel Sharon and to Secretary of State Colin Powell, and call Powell’s office expressing dismay that the Israeli government continues its manifestly unjust –and illegal, according to international law with respect to civilians under occupation — policy of demolishing Arab dwellings. Ascherman’s report on the trial and the protest letter signed by 400 rabbis are included below. — LS]
From Rabbi Arik W. Ascherman:
Dear Friends and Supporters,
I will be put on trial on January 14th, 2004, facing two counts of standing in front of bulldozers which were demolishing Palestinian homes.
Let me briefly tell you about the home of the Maswadeh family of Beit Hanina, on the outskirts of Jerusalem, so you can appreciate the compelling, Jewish ethical stance which Rabbis for Human Rights has taken — not only with our mouths, but with our whole beings.
The Maswadeh family sought to build a home to accommodate their growing family. Despite a letter from the Municipality stating that the Maswadeh family’s home was in a location for which a permit could be obtained, the bulldozers came, rendering homeless an entire family —Sufian Maswadeh, his wife, children, sick grandmother, as well as his brother’s entire family — within a matter of minutes. I personally was on the phone, in negotiations with the mayor’s office the night before, trying to prevent the demolition —and I was there in the morning when the bulldozers came.
I am proud to report that the RHR board made the bold decision not to
plea bargain, but rather, in the best tradition of civil disobedience, to put the very policy of home demolitions on trial. We do this believing that we can count on you should we be given a heavy fine for our principled stance.
From: info@rhr.israel.net
Subject: Civil Disobedience Trial Opens/400+ on Rabbis’ Letter
Date: January 14, 2004 11:21:52 AM CST
To: info@rhr.israel.net
Dear Friends and Supporters,
Our trial opened today, as there are now over 400 Diaspora rabbis signed on to the rabbis’ letter. (Go to www.rhr-na.org to see the letter and the list, although it is hard to keep the list updated.) Here is a brief description of what happened and the statements made at a press conference by myself and RHR-NA Steering Committee Member Rabbi Simkha Weintraub who was present with us. On behalf of myself and my two co-defendents, Shai Eliezer Zvi and Omer Ori, we are incredibly moved by the outpouring of support for us and, more importantly, for the cause of justice. I especially want to thank the members of the RHR-NA Steering Committee who have been workng so incredibly hard to make this rabbis’ letter a reality.
B’Vrakha,
Rabbi Arik W. Ascherman
Tens of rabbis, activists, diplomats and journalists were forced to wait outside the overflowing Jerusalem Magistate’s Court courtroom. Our lawyer outlined the points which we would attempt to prove, emphasizing our central claim that protesting home demolitions is legitimate given that the policy of home demolition is an unjust and discriminatory policy which prevents Palestinian residents of East Jerusalem, who cannot attain permits, from building homes legally. He also argued that Palestinian homes are more likely to be demolished than Jewish homes that have similar violations. He cited the Or Commission report which establishes the link between Israeli land policy towards Arabs, “illegal” construction and home demolitions. He also quoted from the report the fact that there are police officers who refuse to take part in demolitions, strengthening the argument that the order to demolish a home is illegal. He quoted from the Bible, You shall not oppress the stranger (Leviticus 19), and argued that a state which wishes to be Jewish and Democratic must not allow itself to implement such policies. Finally, it was also stressed that far more violent acts taken by settlers often don’t go to court.
As expected, the prosecution attempted to argue that our arguments were not germain.
Judge Feldman granted the defense 20 days to submit evidence and material pertaining to the demolition of homes in East Jerusalem. The state will reply within 15 days after that. The date for the next court hearing has been set for March 24th.
IN THE DIASPORA, THE NUMBER OF SIGNATURES ON THE DIASPORA RABBIS’ LETTER CONTINUES TO GROW. IT IS NOW OVER 400.
Statement by Rabbi Simkha Weintraub-Member of Steering Committee of RHR-North America:
RHR North America is appreciative of the work of your work here. Your deeds speak to many Jews in North America, and that is why it was easy to garner over 300 (now over 400 a.a.) signatures in a relatively short amount of time. The home that we are concerned about is the joint home of Israelis and Palestinians, Jews and Arabs, which is being threatened by the unethical and unjust policy of home demolitions. I am certain that the number of signatures will continue to grow, and that we will continue to recruit more and more support for you on this and other issues.
Statement by Rabbi Arik Ascherman
This week Jews around the world are reading parashat Shemot, the first chapters of the Biblical book of Exodus containing what is perhaps the first recorded example of civil disobedience. Thousands of years ago, two women defied the orders of all powerful Pharaoh. Jewish commentators debate whether or not these two midwives were Israelites or Egyptians. It is entirely possible that they were Egyptian, but had come to realize the ultimate truth, much more powerful than the most powerful potentate, that all human beings are created B’Tselem Elohim, in God’s Image.
This week we also remember two modern heroes who knew how to speak to power. We mark both the birthday and the Yartzeit (anniversary of death) of Rabbi Abraham Joshua Heschel. Heschel, the descendent of a long line of Hassidic rabbis, lost his entire world in the Holocaust. He was one of the first to speak out about the Jews of the Former Soviet Union and stood up for Israel when he detected double standards and anti-Semitism. However, he too realized that all humanity is created B’Tselem Elohim, leading him to protest the Vietnam War and march with Reverend Martin Luther King, whose birthday we also celebrate this week.
King is best known for his leadership in the civil rights movement in the US, and seriously debated whether or not to oppose the Vietnam War, fearing that such opposition would weaken his ability to advocate for civil rights. Ultimately, however, he did so. One of his great teachings is that “Injustice anywhere is a threat to justice everywhere.”
Heschel taught that God is not distant and removed, but rather a God of pathos, who passionately cares about what we humans do. Prayer and religion must make us wake up and take notice and work to right injustice, or they are of no consequence. He also taught us that “In a democratic society some are guilty, but all are responsible.”
Omer, Shai and myself would not be so audacious as to put ourselves in the same category as Heschel and King, as Shifra and Puah. However, we believe it to be our obligation to honor their memories by honoring the moral inheritance which they have bequeathed to us.
That moral inheritance tells us that the policy of home demolitions is immoral. It may be technically legal according to Israeli law narrowly interpreted. However, not everything that is “legal” is “just.” The policy is certainly illegal according to international law and tramples on the Torah which I as a rabbi am sworn to uphold – The Torah which commands us to love those different than us, not to have double standards and to have one law for all. I would also argue that, according to Israeli law, the order to demolish a home or protect the demolition is an illegal order over which a black flag flies, making it a civic, Zionist and Jewish duty to oppose by standing in front of bulldozers, having tried over the years to stop the policy by other means. I do not believe in civil disobedience for the sake of civil disobedience and getting my picture in the paper. During the recently completed olive harvest, RHR worked very closely with Israeli security forces who were largely doing their job to protect harvesters. However, in this case, we have been left with very little choice. The Municipality and the State continue to enforce a catch-22 policy in which, if you are a Palestinian in Area C or Jerusalem, you can have a clean security record, uncontested title to your land, and stand on your head, but a politically motivated policy will make it practically impossible for you to get a building permit without paying a bribe or agreeing to be an informer. The homes they are forced to build without permits are “illegal” and subject to demolition.
Therefore, we welcome our day in court. There are those of our supporters who would like this trial stopped. Frankly, I would only agree to stopping this trial in the context of a commitment to stop home demolitions. The time has come to stop the lies and the disinformation. Let all those who think that this indefensible policy is defensible come and face us in court.
Let all the advisors who are hiding behind glossy reports like this one, to which the Municipality of Jerusalem contributed NIS 60,000, come out and face us. Let them explain why the Or Commission concluded that you can not understand the policy of so called “illegal” building and demolitions outside of the context of the discriminatory land policies directed against both Israeli Arabs and Palestinians. If they can do so, I will be the first to admit that I was wrong.
In all likelihood the prosecution will do everything in their power to prevent this from happening. They will insist that the context is irrelevant and attempt to deny us the right to defend ourselves in this manner. And so Judge Feldman, you must make a choice. The easiest thing for you to do will be to hide behind a narrow interpretation of the law. We will then find ourselves convicted by a court of law, but not a court of justice. And so our legal system is also on trial here. Will the very same legal system which has been party to the policy of demolitions over the years by upholding the demolition of home after home by focusing on the letter of the law and ignoring the context continue to be an accomplice to this immoral policy, or will you rise to the occasion, honor the highest precepts of your calling, and take the brave and bold action which is required?
We fully intend to argue our case before this court, but make no mistake about it, this case is being tried elsewhere as well. Over 300 Diaspora rabbis, some of the most prominent leaders of world Jewry, have already written to the Israeli government, calling upon it to cease this immoral policy. Standing with us today are Sufian Maswadeh and Ahned Musa Dari, the owners of the two homes we are accused of defending, as well as other Palestinians who have been affected by the demolition policy. They too are watching and judging what this court does.
Thank you to those of you gathered here to stand with us and with Palestinian families. I want to acknowledge the Israeli Committee Against Home Demolitions. It is as founding members of ICAHD that Rabbis For Human Rights has engaged in the struggle against home demolitions. I want to especially thank the RHR rabbis who are here. Without RHR’s backing, we would not be able to mount this defense. Rabbi Simkha Weintraub is also here, representing RHR-North America which has done so much to make the Diaspora rabbi’s letter a reality. Finally, I want to acknowledge my family.
Even with all the backing from others, it is they even more than myself who will pay the price should I actually be convicted and sentenced to serve jail time. I can’t even bare to think of what it would mean to miss watching my 1.5 year old son and 4 ¾ year old daughter growing up. If this happens, I hope that in addition to the inevitable anger they will understand that it is a civic, Zionist and Jewish duty to stand up to injustice.
However, I don’t believe that will be the outcome. With the support and prayers of all those around this globe who believe in justice, deep in my heart I do believe that we shall overcome. To paraphrase a poet from my generation, Bruce Springsteen, “We are goin’ out of here to win.” Zion WILL be redeemed through justice and those who return to her through acts of righteousness.
Olive oil is available from the RHR office
25 NIS per liter, 350 NIS per jerrycan
Rabbis For Human Rights
Tel. 972 2 563-7731
Fax. 972 2 566-2815
Mobile 972 50607034
info@rhr.israel.net
Website: rhr.israel.net
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LETTER SIGNED BY 400 RABBIS:
Dear Prime Minister Sharon,
We Rabbis, leaders of our communities, longtime Zionists and supporters of Israel, are writing to express our concern and our support for our colleague, Rabbi Arik Ascherman, who is facing trial on January 14 in Jerusalem for trying to prevent the demolition of 2 Palestinian homes.
We have two concerns. Our first concern is about the decision to prosecute our colleague who has devoted his life to Israel and to the Zionist vision of building and sustaining a Jewish State that exemplifies the values of compassion and justice. Rabbi Ascherman has dedicated his career to protecting the human rights of both Israelis and Palestinians and his Zionist and Jewish commitments inspire thousands of Jews in Israel and abroad. We fear that the decision to prosecute him is an attempt to silence his voice. For us and for many Jews in our communities the work of Rabbis for Human Rights represents the Jewish moral conscience. We express our love and commitment for Israel by supporting that work. To silence it is to push us away from the Israel we love.
Our second concern is about the home demolition policy itself. The homes that were demolished were not demolished for any security reason. None of the people in these homes engaged in violence or harboring terrorists. They were demolished because of a violation of zoning regulations in the context where it is almost impossible for Palestinian families in those parts of the West Bank under Israeli civilian control or in Jerusalem to legally obtain building permits. B’tselem, the Israeli human rights organization, reports that since 1987, literally thousands of homes have been built for Jews in these same areas, many receiving permits retroactively. Since 1987 2,500 Palestinian houses on the West Bank and in East Jerusalem have been demolished leaving more than 16,000 Palestinians homeless.
Home demolitions constitute an especially disturbing human rights issue. A sense of home is an essential part of our humanity; homelessness has always been considered a human tragedy. Jews, because of our own history, are especially conscious of the issue of home, and Zionism can be said to be the movement to find a home for a people so often deprived of our homes.
The destruction of a home can only be experienced as a violation by its inhabitants. Something fundamental to one’s identity has been removed. To be deprived of one’s home is to be naked in the world. More, it can mean that one is unable to locate oneself in the world, to feel that one has a place. Without a home, wherever one walks in the world, a sense of tragedy and pain, of emptiness and shame accompanies you.
Any society must proceed with absolute caution before it destroys a home. That is a basic claim of justice. It is why Rabbis for Human Rights has been so involved with issues of home demolition since 1997. It is why Rabbi Ascherman stood with the Maswadeh family in Beit Hanina when the bulldozers came, leaving Sufian and Sana Maswadeh, their children, Mr Maswadeh’s sick mother, as well as his brother’s entire family homeless, within a matter of minutes. It is why he stood with the family of Ahmed Mousa Dari in Issawiyah, when the bulldozers came to demolish their home. It is why he is currently standing trial.
These prosecutions will never lead to the kind of Israel we want and desire: a Jewish State that celebrates the prophetic voice which has animated our people for centuries, and which has given such vitality to the Zionist movement. True democracies protect minority rights, and cherish and listen to their critics, to those who stand with the poor and powerless.
We urge the government to exercise wisdom in this matter: to drop the case against Rabbi Ascherman and to rescind its policy of home demolitions. We believe that the word of the prophets still speaks to us: ultimately, Zion will only be redeemed through justice and those who return to her through acts of righteousness.
Respectfully,
Rabbis Gerry Serotta and Sharon Kleinbaum
Co-chairs Rabbis for Human Rights North America
And signed by list of rabbis attached to the letter….
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