In March, 2003, American peace activist
Rachel Corrie was killed by a specially modified Caterpillar D-9 bulldozer
driven by an Israeli soldier as she was seeking to prevent the demolition of a
Palestinian home in the Israeli occupied Gaza Strip. Since that time, no one has been held responsible for her
killing.
For two years, the Corrie family sought
accountability from Israel in this case through diplomatic channels and direct
appeals to Israel to conduct a thorough, credible and transparent investigation
in order to find out what exactly happened and to charge those responsible.
Israel has refused to do more than conduct a secretive internal
investigation that exonerated the soldiers involved.
In June, 2004, the Corries were told in a letter from Secretary of State
Colin Powell’s Chief of Staff that the State Department did not consider the
report of the investigation by the Israeli Military Police to reflect a
“thorough, credible and transparent” investigation and were advised in the
letter to initiate a private lawsuit against the State of Israel.
In January 2005, Congressman Adam Smith (D-WA) hand delivered a letter
from the Corrie family to Prime Minister Sharon asking the Government of Israel
to invite and cooperate with an independent U.S.-led investigation into
Rachel’s killing. That letter has
yet to be answered. Although they
continue to call for a U.S. investigation into Rachel’s killing, the two-year
statute of limitations in Israel required that legal action be taken now, which
they have just done through a court in Israel.
The
Corries have also sought accountability from Caterpillar, Inc., which has sold
bulldozers and other earthmoving equipment to the Israeli Defense Forces long
after they knew that they were being used in a pattern of human rights abuses as
documented by leading international human rights organizations.
U.S. corporations that aid and profit from violations of human rights can
be held responsible under U.S. law. The
Corrie family wrote to James Owen, Caterpillar, Inc.’s Chief Executive Officer
asking for a meeting to express their concerns and we even went to their global
headquarters in Peoria, Illinois, but were not granted a meeting.
They also helped introduce a shareholder resolution asking the Board of
Directors to look into the issue but the resolution was defeated. As a result, the Corrie’s recently filed a lawsuit against
Caterpillar, Inc. in the United States for damages in the case.
The
Corrie family is acting on the basic principle that the Government of Israel and
Caterpillar, Inc. must be held accountable for their past actions, even as they
are encouraged to act responsibly in the future. The Corrie family never intended to file a lawsuit, but when
our institutions falter in their responsibilities, a civil court proceeding is a
powerful, if blunt, tool to enforce that accountability.
For more information on the lawsuits:
“Activist's Parents Sue Caterpillar
Inc.”
"The Israeli Government Did Not Do
a Satisfactory Investigation"
http://www.democracynow.org/article.pl?sid=05/03/16/1458246&mode=thread&tid=25
“Corrie family seeks answers at State
Department hearing.”
The following question and answer
discussion addresses some of the main issues in the Corrie family lawsuit
against Caterpillar Corporation. The
Center for Constitutional Rights based in New York City and the Seattle
University Human Rights Law clinic is providing legal council and assistance.
Ronald Slye, a Seattle University Associate Law Professor and expert on
international law is an advisor to the Corries.
Q.
Why are the Corries suing Caterpillar, Inc. when it was the Israeli army who was
operating the bulldozer that killed Rachel?
A.
Under international law, corporations can be held accountable for the
ways in which their products are used, especially if they know that their
products are being used to perpetrate human rights violations.
Q:
How could Caterpillar, Inc. know that Israel uses their bulldozers for illegal
home demolitions in the Israeli Occupied Territories?
A:
Over the past few years, a number of detailed reports by the United
Nations, Amnesty International, Human Rights Watch and religious organizations
have clearly demonstrated that Caterpillar, Inc. bulldozers and equipment have
been used by the Israeli army to commit a pattern of serious human rights
violations. They have directly and
repeatedly called on Caterpillar, Inc. to stop providing this equipment to
Israel.
SEE:
Human Rights Watch: Caterpillar
Should Suspend Bulldozer Sales
http://hrw.org/english/docs/2004/11/22/isrlpa9711.htm
Q:
Surely others have used Caterpillar bulldozers to hurt people.
Recently a man in Colorado went on a destructive spree with a bulldozer.
Why isn’t Caterpillar, Inc. responsible for his mayhem?
(http://www.thedenverchannel.com/news/3383547/detail.html
)
A. The central legal issue is whether
or not Caterpillar, Inc. knowingly allowed someone to use its products in a way
to hurt someone. Law Professor
Ronald Slye explains: "the
theory of this case is not your
product was used in a way that hurt someone. It is that you provided a
product to someone that you knew was
using that product to harm others; that you worked with that customer to alter
your product to make it better suited for harming others; and that you continued
to provide such assistance even after it was brought to your attention that your
products were used to commit such harm…If I lend you my car, knowing that you
plan to use it to hit someone against whom you have some dispute, I can be held
liable as an accomplice in the harm you created. That is the simple
principle the Corries would like to apply here.”
Q. Don't you think Israel needs to demolish homes when there is
a legitimate security threat?
A:
Israel has the right and even obligation to defend itself as long as it
acts within the framework of international law. The extensive destruction of civilian property, carried out
wantonly and unlawfully, and without military necessity constitutes a grave
breach of the Fourth Geneva Convention as defined in article 147, and as war
crimes as clarified in article 85.5 of the First Additional Protocol to the
Geneva Conventions. According to
the Israeli human rights organization B’Tselem, at least 85% of house
demolitions are primarily “clearing demolitions”—for building and
expanding illegal Israeli settlements and road networks on occupied Palestinian
land or caused by lack of Israeli-issued permits.
Of the remaining 15%, last month the Israeli army announced that
demolishing homes for collective punishment has not worked and that it would
cease this practice. Neither Israel
nor any other country in the world has the right to destroy homes or harm
civilians engaged in peaceful protest, and a U.S. company may not assist them in
these activities under international law.
Q: Aren’t the Corries just interested
in the money they can get from the lawsuits?
A:
The Corries have repeatedly expressed that they resorted to lawsuits only
because other avenues of redress for Rachel’s killing have been ignored or
blocked up to this point. Given the
small amounts they are seeking, it is clear that they are seeking accountability
and justice, not financial gain, and not only for themselves. As Ronald Slye points out:
“If as a result of this lawsuit corporations like Caterpillar, Inc.
stop providing their products to individuals who they know use them to harm
other people, that would be a great victory.”
For more information:
“Human rights dynamo backs Corries'
suit against Caterpillar” http://seattlepi.nwsource.com/jamieson/217194_robert23.html
CAT charged with war crimes by Jewish
Voice for Peace
Israeli official calls the CAT
bulldozer 'key weapon’.
War
on Want ( www.waronwant.org
), a UK based NGO recently published “Caterpillar-The Alternative
Report” which can be seen at http://waronwant.org/?lid=8247
Regarding the April 13 Day of Action
Against Caterpillar in Washington State:
Q.
Why are you targeting NC Machinery in Tukwila, WA even though they do not
sell bulldozers to Israel?
A.
NC Machinery is the largest Caterpillar distributor in Washington State
and CEO Dean Harnish owns stock in the company, which gives him a great deal of
influence on Caterpillar Inc. policy
Q: What are you requesting that NC
Machinery and Mr. Harnish do influence Caterpillar, Inc. policy on bulldozer
sales to Israel?
A:
We recognize that Mr. Harnish and NC Machinery alone cannot change
Caterpillar’s role in the Occupied Territories.
We are simply calling on him as a shareholder to support the cessation of
weaponized bulldozers to Israel until Caterpillar, Inc. can establish that doing
so no longer contradicts Caterpillars own Code of Worldwide Business Conduct.
We are also asking that he issue a statement to that effect.
4.
HOW TO TAKE ACTION AND SUPPORT THE CORRIE’S LAWSUIT
To find out what actions you can take,
appropriate to your time and energy, go to the following website and also sign
the Declaration Against Caterpillar for Human Rights Abuses:
http://www.catdestroyshomes.org
You can send a letter in support of the
lawsuit. Go to: http://www.progressiveportal.org/letters/global/mideast/cat.html
and fill out the ready-made email to Caterpillar urging them to stop sales to
Israel.
A personal, posted letter will make
even more of an impression. Here is
a sample you can base your letter on:
I ask that the Caterpillar Corporation without delay stop providing D9,
D10, and D11 bulldozers to Israel, because it is wrong for Caterpillar to
continue to sell equipment to Israeli authorities with the knowledge that it is
used in defiance of international law.
The razing of Palestinians' olive trees and houses and the killing and
maiming of nonviolent demonstrators by Israeli authorities using your company's
bulldozers is extensive, systematic, and known throughout the world. Failure to
take responsibility for the ultimate use of its bulldozers goes against
Caterpillar's Code of Worldwide Business Conduct, in which the corporation
pledges to "accept the responsibilities of global citizenship."
We urge you to contact Representative
Adam Smith and thank him for his efforts to ensure a fair and impartial
investigation into Rachel’s death. You
can reach him by phone at 202- 225-8901. Toll
Free: 1-888-764-8409
Email Congressman Smith:
http://www.house.gov/adamsmith/contact/contact.html
Write Congressman Smith:
1717 Pacific Avenue #2135
Tacoma, Washington 98402
Peace
and justice activists from western Washington will hold a demonstration at
The
Harnish Group, with revenues of $450 million from sales and rentals in 2004, is
the largest distributor of Caterpillar equipment in Washington. The Harnish Group has ignored calls that it lend its voice to
the campaign to cease sales of armored Caterpillar bulldozers to the Israeli
military.
[Information provided by John Harvey]