15 April 2010
By
Jonathan Cook
What is misleadingly being
called in Israel the “Anat Kamm espionage affair” is
quickly revealing the dark underbelly of a nation that
has worshipped for decades at the altar of a security
state.
Next week 23-year-old Kamm
is due to stand trial for her life -- or rather the
state’s demand that she serve a life sentence for
passing secret documents to an Israeli reporter, Uri
Blau, of the liberal
Haaretz
daily. She is charged with spying.
Blau himself is in hiding
in London, facing, if not a Mossad hit squad, at least
the stringent efforts of Israel’s security services to
get him back to Israel over the opposition of his
editors, who fear he will be put away too.
This episode has been
dragging on behind the scenes for months, since at
least December, when Kamm was placed under house
arrest pending the trial.
Not a word about the case
leaked in Israel until this week when the security
services, who had won from the courts a blanket gag
order -- a gag on the gag, so to speak -- were forced
to reverse course when foreign bloggers began making
the restrictions futile. Hebrew pages on
Facebook had
already laid out the bare bones of the story.
So, now that much of the
case is out in the light, what are the crimes
committed by Kamm and Blau?
During her conscription,
Kamm copied possibly hundreds of army documents that
revealed systematic law-breaking by the Israeli high
command operating in the occupied
Palestinian territories,
including orders to ignore
court rulings.
She was working at the time in the office of
Brig Gen Yair Naveh,
who is in charge of operations in the
West Bank.
Blau’s crime is that he
published a series of scoops based on her leaked
information that have highly embarrassed senior
Israeli officers by showing their contempt for the
rule of law.
His reports included
revelations that the senior command had approved
targeting Palestinian bystanders during the military’s
extra-judicial assassinations in the occupied
territories; that, in violation of a commitment to the
high court, the army had issued orders to execute
wanted Palestinians even if they could be safely
apprehended; and that the
defence ministry
had a compiled a secret report showing that the great
majority of settlements in the West Bank were illegal
even under Israeli law (all are illegal in
international law).
In a properly
democratic country,
Kamm would have an honorable defence against the
charges, of being a whistle-blower rather than a spy,
and Blau would be winning journalism prizes not
huddling away in exile.
But this is Israel. Here,
despite a desperate last-stand for the principles of
free speech and the rule of law in the pages of the
Haaretz newspaper
today, which is itself in the firing line over its
role, there is almost no public sympathy for Kamm or
even Blau.
The pair are already being
described, both by officials and in chat forums and
talkback columns, as traitors who should be jailed,
disappeared or executed for the crime of endangering
the state.
The telling comparison
being made is to
Mordechai Vanunu,
the former technician at the Dimona nuclear plant who
exposed Israel’s secret nuclear arsenal. Inside
Israel, he is universally reviled to this day, having
spent nearly two decades in harsh confinement. He is
still under a loose house arrest, denied the chance to
leave the country.
Blau and Kamm have every
reason to be worried they may share a similar fate.
Yuval Diskin,
the head of the Shin Bet, Israel’s
secret police,
which has been leading the investigation, said
yesterday that they had been too “sensitive to the
media world” in pursuing the case for so long and that
the Shin Bet would now “remove its gloves”.
Maybe that explains why
Kamm’s home address was still visible on the charge
sheet published yesterday, putting her life in danger
from one of those crazed talkbackers.
It certainly echoes
warnings we have had before from the Shin Bet about
how it operates.
Much like Blau,
Azmi Bishara,
once head of a leading Arab party in Israel, is today
living in exile after the Shin Bet put him in their
sights. He had been campaigning for democratic reforms
that would make Israel a “state of all its citizens”
rather than a Jewish state.
While he was abroad in
2007, the Shin Bet announced that he would be put on
trial for treason when he returned, supposedly because
he had had contacts with Hizbullah during Israel’s
attack on Lebanon in 2006.
Few experts believe Bishara
could have had any useful information for Hizbullah,
but the Shin Bet’s goals and modus operandi were
revealed later by Diskin in a letter on its attitude
to Bishara and his democratisation campaign. The Shin
Bet was there, he said, to thwart the activities of
groups or individuals who threatened the state’s
Jewish character “even if such activity is sanctioned
by the law”.
Diskin called this the
principle of “a democracy defending itself” when it
was really a case of Jewish leaders in a state based
on Jewish privilege protecting those privileges. This
time it is about the leaders of Israel’s massive
security industry protecting their privileges in a
security state by silencing witnesses to their crimes
and keeping ordinary citizens in ignorance.
Justifying his decision to
“take the gloves off” in the case of Kamm and Blau,
Diskin said: “It is a dream of every enemy state to
get its hands on these kinds of documents” -- that is,
documents proving that the Israeli army has repeatedly
broken the country’s laws, in addition, of course, to
its systematic violations of international law.
Diskin claims that national
security has been put at risk, even though the reports
Blau based on the documents -- and even the documents
themselves -- were presented to, and approved by, the
military censor for publication. The censor can
restrict publication based only on
national security concerns,
unlike Diskin, the army senior command and the
government, who obey other kinds of concerns.
Diskin knows there is every
chance he will get away with his ploy because of a
brainwashed Israeli public, a largely patriotic media
and a supine judiciary.
The two judges who oversaw
the months of gagging orders to silence any press
discussion of this case did so on the say-so of the
Shin Bet that there were vital
national security issues
at stake. Both judges are stalwarts of Israel’s
enormous security industry.
Einat Ron was appointed a
civilian judge in 2007 after working her way up the
ranks of the military legal establishment, there to
give a legal gloss to the occupation. Notoriously in
2003, when she was the chief military prosecutor, she
secretly proposed various fabrications to the army so
that it could cover up the killing of an 11-year-old
Palestinian boy, Khalil al-Mughrabi, two years
earlier. Her role only came to light because a secret
report into the boy’s death was mistakenly attached to
the army’s letter to an
Israeli human rights
group.
The other judge is Ze’ev
Hammer, who finally overturned the gag order this week
-- but only after a
former supreme court judge,
Dalia Dorner, now the head of Israel’s
Press Council,
belatedly heaped scorn on it. She argued that, with so
much discussion of the case outside Israel, the world
was getting the impression that Israel flouted
democratic norms.
Judge Hammer has his own
distinguished place in Israel’s security industry,
according to Israeli analyst Dimi Reider. During his
eight years of legal study, Hammer worked for both the
Shin Bet and Israel’s Mossad spy agency.
Judge Hammer and Judge Ron
are deeply implicated in the same criminal outfit --
the Israeli security establishment -- that is now
trying to cover up the tracks that lead directly to
its door. Kamm is doubtless wondering what similar
vested interests the judges who hear her case next
week will not be declaring.
Writing in
Haaretz
today, Blau said he had been warned “that if I return
to Israel I could be silenced for ever, and that I
would be charged for crimes related to espionage”. He
concluded that “this isn’t only a war for my personal
freedom but for Israel’s image”.
He should leave worrying
about Israel’s image to Netanyahu, Diskin and judges
like Dorner. That was why the gag order was enforced
in the first place. This is not a battle for Israel’s
image; it’s a battle for what is left of its soul.
Jonathan Cook
is a writer and journalist based in Nazareth, Israel.
His latest books are “Israel and the
Clash of Civilisations:
Iraq,
Iran
and the Plan to Remake the
Middle East”
(Pluto
Press) and
“Disappearing Palestine: Israel's Experiments in Human
Despair” (Zed Books). His website is
www.jkcook.net.
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