Sentencing of whistleblower shows cracks in Israeli policy on leaks

Former IDF soldier Anat Kamm’s 4.5 year prison sentence shows the contradictions of Israel’s attitude towards leaks. Elizabeth Tsurkov reports

When the Tel Aviv District Court sentenced Anat Kamm to four-and-a-half years in prison for leaking classified documents she obtained during her IDF service to the daily Haaretz, few Israelis were bothered. And no wonder, as Kamm was branded as a traitor and a spy by the security establishment, and most pundits since the gag order on her case had been lifted in April 2010. Most of the Israeli public didn’t seem concerned about the consequences this sentence will have on press freedom in Israel, but this lack of concern doesn’t make the repercussions of this sentence any less real.

Journalists rely on leaks and sources willing to talk to them and share information, which at times are obtained illegally and is disclosed without permission. The Israeli press is strewn with leaks, most of which are the product of political fights and bickering, and their purpose is to harm political rivals, not scrutinise the security establishment.

For example, in late 2006, Prime Minister Olmert attacked his Defence Minister Peretz for a phone call he had with Palestinian Authority President Abbas without informing Olmert himself.The attack revealed top secret information, namely that Israel wiretaps the phones of Abbas.

The Kamm verdict stated that it wasn’t necessary for the prosecution to prove harm was done to Israel’s security as a result of the leak, and the mere possibility of such harm was enough to convict Kamm. Judging by this standard, Olmert’s leak of highly sensitive information solely for political purposes was surely harmful Israel’s security.

Other common forms of leaks in the country are authorised declassifications by security services or leaks by government officials, which are intended to serve the political goals of the state of Israel. The occasional leaks by unnamed Israeli government official about the country’s intentions to attack Iran’s nuclear facilities are an example for such calculated moves, which are intended to spur the international community into action against Iran. Both these forms of leaks, the ones caused by political infighting and the calculated declassification, under the appearance of free press, are intended to serve the establishment, or at least the parts of it that leaked the information. These leaks provide a one-sided view of reality, according to the interests of the leaking party, and rarely serve any oversight capacity.

Israeli media rarely reports critically on the IDF, let alone other security organs, partly out of misplaced patriotism, but also because Israeli media lacks sources that are willing to reveal information about wrongdoings of the country’s security establishment. Critical coverage and public accountability of the security services are all the more necessary considering the little oversight the Knesset has over the security establishment due to issues of security clearances, and the culture of impunity that pervades Israel’s security organs.

Several of the documents Kamm provided to Haaretz reporter Uri Blau showed the IDF was still carrying out targeted assassinations of Palestinians suspected of terrorist activity when their capture was possible, against the explicit ruling of the Supreme Court. The officers who ordered and approved this illegal policy were not charged by the Attorney General. Instead, Israel’s justice system chose to punish a person who attempted to fight the IDF’s culture of impunity and disregard for the law.

Elizabeth Tsurkov is an Israeli writer and a contributor to +972 Magazine and Global Voices Online. You can follow her on Twitter: @elizrael.

Freedom of expression should be focus of UC Irvine 11 case

In February 2010, a group of 11 students disrupted a speech by Israeli Ambassador to the United States. They shouted protest slogans for 20 minutes before they were arrested during Michael Oren’s hour-long speech at the University of California Irvine’s campus . Last week, ten of the students went on trial for misdemeanor charges of “conspiring to disturb a meeting” and “disturbing a meeting”, they face up to six months in prison.

Both parties believe that their First Amendment right to free speech was trampled on in the incident. Prosecutors said that the disruption prevented attendants from being able to listen to Oren. The student’s defence attorneys argue that the students were expressing their views, and their prosecution violates their right to freedom of expression. On Tuesday (13 Sept), the defence argued that Oren actually left the lecture because he’d been given VIP tickets to a Lakers game — he was pictured with Kobe Bryant — rather because he felt threatened by the protesting students as the prosecution claims.

With the frequency of student protests on university campuses, the severity of the potential sentence is mystifying.  John Esposito, director of the Prince Alwaleed Bin Talal Center for Muslim-Christian Understanding at Georgetown University, pointed out the regularity of these kinds of protests on university campuses across the nation, including the UC Irvine campus, where a Muslim speaker was kept from speaking back in 2001. Others have pointed out the waste of taxpayer’s money, especially after the university already disciplined the students, handing them 100 hours of community service, two years of probation, and a quarter-long suspension of the Muslim Students Association.

The authorities insist that the student’s religious beliefs have nothing to do with the case, but according to Dan Mayfield, the attorney of one of the students, prosecutors were able to illegally obtain search warrants through focusing on the religion of the students, even going as far as calling the case the “UCI Muslim case”. As a part of the jury selection process, potential jurors were required to fill out an eight-page questionnaire, which asked questions about their views on the Palestinian and Israeli conflict, as well as whether or not they “harbour negative feelings towards Muslims”.

Focusing on the role of Islam in the prosecution of the students could easily turn the conversation into one about freedom of religion, which is not necessarily interchangeable with freedom of expression. What must be protected is the right of students to express their views, regardless of what they might be.

Jerusalem Post fires columnist for blog post

This is a cross post from +972 Magazine

The Jerusalem Post fired its last prominent progressive columnist over a controversial blog post, without even offering him the possibility to apologise; meanwhile, its ultra-right writers enjoy complete unaccountability. This is a watershed moment for the once-respectable publication.

News came in earlier today [Monday 29 August] that the Jerusalem Post fired Larry Derfner, its last remaining prominent progressive columnist, over a post Larry wrote on his private blog, Israel Reconsidered (proper disclosure: I joined him as a co-author on the blog a few months ago). In the post, Larry expressed the not uncommon observation that the root cause of Palestinian political violence was the violence of the occupation; he called on his readers to state boldly that “..the Palestinians, like every nation living under hostile rule, have the right to fight back, that their terrorism, especially in the face of a rejectionist Israeli government, is justified,” and argued that “if those who oppose the occupation acknowledged publicly that it justifies Palestinian terrorism, then those who support the occupation would have to explain why it doesn’t.”

Larry went on to offer the following reservations:

“But while I think the Palestinians have the right to use terrorism against us, I don’t want them to use it, I don’t want to see Israelis killed, and as an Israeli, I would do whatever was necessary to stop a Palestinian, oppressed or not, from killing one of my countrymen. (I also think Palestinian terrorism backfires, it turns people away from them and generates sympathy for Israel and the occupation, so I’m against terrorism on a practical level, too, but that’s besides the point.) The possibility that Israel’s enemies could use my or anybody else’s justification of terror for their campaign is a daunting one; I wouldn’t like to see this column quoted on a pro-Hamas website, and I realize it could happen.”

Despite all that, Derfner came under a not so much a wave of criticism as a sustained barrage of refuse; onecharacteristically repellent example can be found in the column of his erstwhile colleague Isi Leibler (assuming you haven’t had your lunch yet.) Although Larry’s post didn’t appear in the newspaper, and althoughhe already apologised on the blog and removed the offending text, Larry offered to publish an apology on the Jpost pages as well, after it got “hundreds of notices of cancellations.” Apparently, “a logistical mix-up prevented it.”

Larry’s main thesis – that Palestinian terrorism is bound to Israeli military violence – is about as old as the state, if not older; even Moshe Dayan has said as much. I strongly disagree with the phrasing – I myself wouldn’t use “right” or “justified” anywhere near violence against civilians, be it Palestinians killing Israelis, Soviet Partisans killing German civilians, Algiers guerrila blowing up cafes, or Yitzhak Shamir and Menachem Begin blowing up Arab marketplaces. Still, the dismissal, despite offers to retract and apologise, is an outrage that dwarfs any conceivable damage caused by Larry’s text. Unfortunate phrasing of an unpleasant argument on a third-party forum cannot be a reason for the dismissal of a veteran columnist;  but obviously, for the Jerusalem Post it was more than enough of an excuse.

Larry’s dismissal is made all the more obscene by virtue of the light it sheds on the egregious double-standard that once-professional publication now employs in regard to conservative versus liberal opinion; I say that as someone who fondly remembers the fairly conservative op-ed editor of my own  time at the Post soliciting op-ed pieces he openly disagreed with. Larry worries his post might end up on some Hamas website. This is yet to occur, and even if it does take place, it’s doubtful it would influence the decision of any young Palestinian whether to become a terrorist or not. By contrast, the writings of Jerusalem Post deputy-editor Caroline Glick were cited in the manic manifesto of Norwegian terrorist Anders Brevik in justification of the bloodbath he executed earlier this summer; unlike Derfner, Glick has yet to be shown the door.

Moreover, right after the Norway carnage the Jerusalem Post published an outlandish editorial suggesting the calculated, murderous rampage of a self-confessed xenophobe was an opportunity for Norway to revisit its immigration policy. The editorial was so beyond the pale the Post only put it up on the website with a disclaimer, and sparked such an outrage in Norway the newspaper had to spend another editorial on an apology; to my knowledge, all of those responsible for this serialised farce kept their jobs. Not so for Derfner.

Now, I’m not suggesting Glick and the author of that editorial (assuming they’re not the same person) should be fired for their opinions. There are many other reasons not to retain Glick’s services. Serious complaints of her conservative column’s ultra-liberal attitude to facts should be a warning sign for any reader; hersuggestions regarding the possibility of an alliance  between Israel and the Vatican, instead of fickle, fickle USA, are enough to give anybody pause; and as far as embarrassing appearances outside the Jpost go, her responsibility for a “satirical” clip showing a blackface minstrel Barack Obama singing to Israel’s destruction is hard to forget.

Yet Glick’s right to express even the strangest and most obsolete of opinion from the pages of what publication would have her remains in place and should not be infringed upon.  Opinion is up there to be read, to be disagreed with and to be criticised; this is the fundamental principle of op-ed pages. The Jerusalem Post has obviously sunk so low and became wedded to Glenn-Beck-type readership so tightly it now applies this principle to conservative opinion only. Pity. It used to be a newspaper once.

Israel: Al Jazeera journalist detained in prison

Al Jazeera’s Kabul bureau chief  has been brought before an Israeli military court a week after he was arrested and detained by Israeli officials. Al Jazeera reported that Samer Allawi was yesterday charged with being a member of Hamas. He was arrested on 10 August, while crossing the border between Jordan and the West Bank. He was attempting to return to the Afghan capital Kabul after a three-week holiday in his hometown of Nablus.