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Israel does prosecute anti-Palestinian Jewish terror, contrary to popular belief
One of the regular refrains of critics of Israel during the current war is that it fails to prosecute violence by Jews against Palestinians.
Putting aside on one hand that sometimes Israel has not caught suspects it should catch, on the other side, the five indictments already filed against Israeli security forces for abuse at Sde Teiman, 75 IDF criminal probes of soldiers relating to the war and over IDF 300 operational probes relating to the war – there are ongoing cases right now which are below the radar and are close to verdicts for Jewish terror against Palestinians, tell another story.
The Jerusalem Post has learned exclusively that the 2019 indictment against a full-bodied minor (his identity is under gag order) for the alleged killing of a Palestinian woman and mother, Aysha Rabi, in October 2018 could be close to a verdict in later 2024 or early 2025.
The minor was charged with manslaughter and Jewish terrorism against Palestinians in an indictment filed by the Central District Attorney’s Office of the State Prosecutor with the Lod District Court.Already at the time of the indictment, it was alleged that the minor had thrown the rock which killed Aysha Rabi, a mother of eight in her late 40s, as she was riding in a car driven by her husband near the Tapuah junction, and that his DNA had been found on the rock.
At the time of the indictment, the fact that the minor was accused not of murder but only of manslaughter and that the filing of the indictment was delayed by several weeks indicated that the path to a conviction might be difficult.
Honenu lawyer Adi Keidar told the Post at the time that even the DNA evidence could be attacked in court.
A spokesman for the right-wing legal aid group Honenu said that there was no other evidence connecting the minor to the incident, and that the DNA evidence was weak compared to standard DNA evidence, as it was found on a moving object – the rock – as opposed to on a stationary object, like a wall.
This meant, said Honenu, that the DNA could have come from a variety of sources, while the rock may have been moved.
In addition, the spokesman said the DNA was of a low resolution. In other words, while hi-resolution DNA evidence can flag a specific person, in this case the evidence could point to a number of people.
Finally, he said that “fresh” DNA evidence is the best kind, meaning it was recently found on the object. In this case, it was not fresh.
Honenu was also optimistic because the Rishon Lezion Magistrate’s Court had said back at the start of the case, that the minor had provided an alibi after refusing to speak to the Shin Bet (Israel Security Agency) for the past three weeks.
But the Post has learned that a lot has happened since then with the prosecutor’s office laying out its entire case in closed door hearings (due to the defendant being a minor at the time of indictment) over a multi-year period.
Defense’s case will wrap up relatively soon
In fact, recently the minor-defendant finished testifying as part of the defense’s case, and the defense’s case may wrap up relatively soon, which then leads to conclusion arguments from both sides and a verdict.
Such a verdict could lead to years of prison time for the defendant for the killing of Rabi, a Palestinian.
This would not be the only such case of Jewish terrorists facing justice for violence against Palestinians, with the 2014 murderer of Palestinian minor Muhammad Abu Khadir, Yoseph Chaim Ben David, and the 2015 murderer of the Palestinian Dawabsheh family, Amiram Ben Uliel, both sentenced to life in jail in recent years.
In fact, one of the reasons that the Rabi case probably took longer is that the Shin Bet declined to use enhanced interrogation on the minor-defendant, after the agency’s use of such techniques on Ben Uliel almost led to a mistrial.
Elor Ben Azariah, Ben Deri, and other IDF soldiers have also been given prison time for killing Palestinians.
Returning to the Rabi case, the Post understands that as part of the prosecutor’s case, extensive evidence has been presented to debunk the defense’s attack on the DNA evidence.
Further, the Post learned that the prosecution was able to use a May 2019 decision by the Lod District Court regarding various issues in the case as somewhat of a roadmap toward conviction.
Already in that decision, the court had ruled in the context of debates about how long to keep the minor in detention of some sort, that the prosecution’s chances of conviction were extremely high because of the DNA.
Despite the defense’s arguments, the prosecution has presented evidence that the chances of the minor-defendant just happening to have touched the rock randomly (versus using it as his killing weapon) are miniscule given that the only DNA on the rock is Rabi’s, her husband who touched the rock after it hit her, and the minor-defendant.
In May 2019, the court had called such a theory to try to acquit the defendant-minor “blatantly and grossly unreasonable.”
Moreover, the prosecution has taken aim at the defendant’s alibi.
According to the prosecution, the Post understands, the minor’s alibi is completely unreliable because he refused to open his mouth not only throughout the time of his arrest and being interrogated by the Shin Bet from December 30, 2018, but even from October 15, 2018 when he was interviewed only as a third party witness, and not yet as a suspect.
The fact that the defendant would not open his mouth even when he was not yet suspected of anything, the prosecution has argued, draws much greater attention to his potential guilt and draws greater scrutiny to his alibi.
Put differently, when he was not worried about any criminal charges, what would he have to lose by telling law enforcement that he was in a different place from where he would have needed to be to perpetrate the crime?
Further, the Post has learned that the prosecution noted that the defendant only produced an alibi once he knew what the final narrative of the prosecution against him would be as the indictment was about to be filed.
The prosecution said that this showed that he was waiting to manufacture and tailor an alibi to the specific charges and had no true story to tell that stood on its own.
In addition, the prosecution argued that the defendant’s external evidence to prove his alibi was extremely flimsy, and that it would have seemed more crucial for him to produce hard evidentiary support for his alibi given that he had chosen the risky strategy (which implies guilt) of maintaining silence throughout his interrogation.
The Post has also learned that the drawing out of the trial for four years, , which could also lead to global criticism, has multiple causes.
The Palestinian Authority managed the carrying out of the autopsy and receiving those results took time. Both the prosecution and the defense then needed their own experts to examine the results.
Getting testimony from Rabi’s family members, who are Palestinians, was also complex and took time.
Also, the prosecution’s view is that the defense has contradicted nearly every fact presented, including that Rabi was killed at all, forcing the prosecution to present a large amount of preliminary evidence not even specifically related to the defendant’s alleged guilt.
In addition, because the Shin Bet was involved, there were longer fights over what investigative materials were classified for national security or could be provided to the defense.
There were also delays relating to debates over wiretapping and other classified eavesdropping evidence.
At times, the coronavirus crisis likely slowed things down, and the court itself did not especially prioritize the case to run on a weekly basis, sometimes with large amounts of time passing in between hearings.
Back in 2018-2019, the Shin Bet, in a statement, called the killing “full-fledged terrorism.”
The statement alleged that there were attempts to obstruct the investigation of the killing and to spread lies about the agency.
Moreover, the Shin Bet more broadly accused the indicted minor and some unspecified others, possibly including the other four minors originally arrested, of being affiliated with radical Jewish groups seeking to overthrow Israeli democracy and establish a new Jewish theocracy.
Prime Minister Benjamin Netanyahu’s briefing to the Knesset Foreign Affairs and Defense Committee on Monday put him at odds with the IDF regarding how many haredi the military can absorb in a short amount of time.
Netanyahu said that while he was in favor of increasing haredi integration into the IDF, in practicality, the military needed more time to establish haredi-tailored programs and environments for this to be successful.
The prime minister’s remark comes days after top IDF officials presented a series of highly specific, customized programs for the ultra-Orthodox that are either already open or are “ready to go” as soon as the haredi respond to their military summons. This directly contradicts the prime minister’s words during the briefing.
Netanyahu spoke to the committee in a closed and classified hearing, but portions of what he said were, nevertheless, publicized, including his comments regarding haredi integration into the IDF.
When asked about the issue, Netanyahu said, “We would prefer that anyone who is not studying [in a yeshiva] share the burden [of military service.] But right now, there is a gap between what the army says it can absorb and what it can absorb, so the absorption capacity of the IDF needs to be increased.”
He added that there were intentions to create new frameworks that would allow the haredi to maintain their way of life as well as to respond to operational needs, such as establishing an ultra-Orthodox base along the border with Jordan that would be responsible for defense there.
How to fulfill the IDF’s need for more soldiers
Besides that example, Netanyahu said that the army’s need for more soldiers could be filled by extending the service of mandatory service soldiers as well as calling up a variety of reservists from among the population living in border communities who never responded to their call-ups or were given exemptions.
In contrast to Netanyahu’s statements, seeming to indicate that the IDF cannot absorb a significant increase of haredi men, the military has said repeatedly, dating back to August, that it has been ready to receive an additional 3,000 haredi per year, on top of the approximately 1,800 per year it has already been absorbing.
The announcement in August and the sending of summons to 3,000 members of the ultra-Orthodox community came after months of extensive work and the investment of significant resources to prepare both personnel and bases for a new, major influx.
One new option for service that the IDF has already added for the haredi to make their service more attractive is serving in technical and logistical capacities at hardened aircraft shelters at an air force base section where only men will serve.
Another new option is called the Yoav Track in logistics command centers, which includes fulfilling a wide variety of technical and logistic roles throughout the military, and not just in the Israel Air Force.
Also, though Netanyahu said that the IDF should look into forming a new haredi brigade, the military had already announced last week that on December 26, it would open one, distinct from Netzach Yehuda.
Netzach Yehuda had been the brigade that most of the haredi wanted to join to date. However, it has turned off many of the ultra-orthodox because it has a reputation for being more religious Zionist in nature than haredi.
Additionally, there is a recently established unit of haredi serving at the Ofer detention center, and that program is expected to grow.
Further, a Lt.-Col. with a hassidic Chabad background, who has joined the army. He will be focused on haredi affairs and making sure new inductees are comfortable and are having their needs addressed.
Despite a detailed presentation last week about all of these new service mediums as being already established for haredim, a spokesperson for Netanyahu doubled down on the claim that the IDF was still lacking in its capacity to absorb a major influx of haredi soldiers.
Tovah Lazaroff contributed to this report.
British rocker Paul Weller, Scottish band Primal Scream, and Irish rappers Kneecap will headline a ‘Gig For Gaza’ charity show at London’s O2 Academy Brixton on Dec. 13.
Weller, the former frontman for 1970s punk pioneers The Jam, is curating the show, with all proceeds going to organizations Medical Aid For Palestinians and Gaza Forever, which purportedly provide essential aid – including food, medical supplies, and emergency shelter – for Gazans who have been forced to flee their homes due to the Israel-Hamas War.
“This is an opportunity to enjoy a night of powerful music and make a tangible difference in the lives of people facing unimaginable hardship,” a press release for the show said. The concert will also feature guest speakers and short films.
Weller of Primal Scream performed with Palestinian flag
During a recent tour of the US, Weller, a longtime advocate for leftwing causes, performed with a Palestinian flag draped over his guitar amplifier. Speaking onstage from Glasgow, Scotland, last month, Weller said, “I would like to dedicate that last song to all the tens of thousands of women, children, babies, men, civilians in Palestine and Gaza. I would ask you one question. It’s really simple. There is no grey area. Are you for genocide, or are you against it? It’s a f–-king yes or no question…”
Over the summer, Primal Scream, which formed in the 1980s, gave their support for a jersey design for a Palestinian refugee football team based on their classic record ‘Screamadelica.’
In March, Kneecap withdrew from performing at the SXSW Festival in Austin, Texas, after it was revealed that the US Army was a “super sponsor” of the event as well as defense contractor RTX Corporation.
“It is done in solidarity with the people of Palestine and to highlight the unacceptable deep links the festival has to weapons companies,” the group explained of their decision via Instagram. “This will have a significant financial impact on Kneecap… but it isn’t an iota of hardship when compared with the suffering being inflicted on the people of Gaza.
None of the artists appearing nor promo material for the concert mentioned the 101 Israeli hostages being held by Hamas in Gaza, nor the October 7 massacre that killed over 1,200 Israelis and sparked the current war aimed at toppling Hamas.
David Brinn contributed to this report.
Support for a two-state solution in the Middle East among Arab Americans and Palestinians residing in the West Bank and Gaza is on the rise, according to two recent surveys.
The more recent survey from YouGov and Arab News was published on Tuesday. The Palestinian Center for Policy and Survey Research (PSR) published the other in September.
A survey of Arab Americans leading up to the US presidential elections found that half of those polled (50%) believed in seeking a two-state solution.
The poll touched upon the future of the conflict and possible resolutions to see its conclusion. Half of Arab-Americans polled believed in seeking a two-state solution with shared governance over Jerusalem. 34% believe that there should be one state where Israelis and Palestinians have equal rights, and 9% stated that they were unsure.A separate poll conducted by the Palestinian Center for Policy and Survey Research (PSR) in September found that support for the concept of the two-state solution among Palestinians continues to rise and has the support of 39% of those polled.
According to PSR, three months prior, support for two states stood at around 32%. Figures were taken from Gaza and the West Bank, at 39% and 38%, respectively.
However, when asked about a separate Palestinian state not linked to the “two-state solution” and when state borders are identified as those of 1967, support rises to 59%, PSR found.
Half of the respondents prefer the two-state solution based on the 1967 borders, while 19% prefer a confederation between the two states of Palestine and Israel. Only 10% prefer establishing a single state with equality between Israelis and Palestinians.
When asked about solving the conflict and reaching statehood, nearly half of Palestinian respondents (48%) said they would choose “armed struggle” as a way to achieve it (50% in the West Bank, 36% in Gaza).
However, a third said they preferred negotiations to end the conflict, and 15% said they would like to see popular peaceful resistance.
International calls for two-states
Recent US administrations and other global actors have called for the end to the ongoing war and to reach a two-state solution between Israelis and Palestinians.
The Biden administration has attempted to broker a hostage and ceasefire deal as a first step. In remarks made ahead of the 79th session of the UN General Assembly in September, US President Joe Biden reiterated his support for a two-state solution.
“As we look ahead, we must also address the rise of violence against innocent Palestinians on the West Bank and set the conditions for a better future, including a two-state solution, where the world — where Israel enjoys security and peace and full recognition and normalized relations with all its neighbors, where Palestinians live in security, dignity, and self-determination in a state of their own,” Biden said.
The survey conducted by Arab News and YouGov was conducted using a sample of 500 Arab Americans across the United States from September 26 to October 1, 2024. The survey data have a margin of error of +/- 5.93%.
The poll conducted by PSR comprised a sample size of 1,200 people, of whom 790 were interviewed face-to-face in the West Bank and 410 in Gaza. The margin of error stood at +/-3.5%.
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