Quote:
'IDF censor okayed Haaretz articles in Anat Kamm case'

By Haaretz Service

Haaretz Editor-in-Chief Dov Alfon on Thursday defended the newspaper's publication of a series of exposes regarding the Israel Defense Forces' lax rules of engagement, after a gag order was lifted on the security incident which had already been reported worldwide.

"Haaretz correspondent Uri Blau exposed over the last two years a series of affairs pertaining to the conduct of the Israel Defense Forces and branches of the defense establishment in the Palestinian territories," said Alfon.

These included "an investigative report in November 2008 which revealed the result of discussions in which participated IDF Chief [Gabi] Ashkenazi - who was then the GOC Central Command - and the heads of the Shin Bet, which essentially gave instruction to carry out activities in violation of an order from the High Court of Justice," said Alfon.

"All of the articles which were published in Haaretz were sent to the censor and received its full permission for publication," said Alfon.

"In September of 2009, Haaretz reporter Uri Blau was summoned to the offices of the Shin Bet and was told to hand over the documents on which he based the articles.

"Following this incident, a lawyer appointed for Haaretz and Uri Blau began a dialogue with the Shin Bet's legal adviser regarding the return of the documents. The dialogue was meant to guarantee the confidentiality of the reporter's sources and freedom of action, without harming Israel's security.

"On September 15, 2009, these discussions led to an agreement under which Uri Blau transferred to the Shin Bet dozens of documents that were in his possession, and in exchange the Shin Bet committed to refrain from investigating the reporter regarding his journalistic sources, refrain from investigating the reporter as a suspect, and refrain from using the documents as evidence in legal proceedings against the person responsible for leaking the information.

"Once all the conditions were agreed upon and the documents were transferred, the Shin Bet requested Uri Blau's personal computer. Haaretz agreed, and the computer was destroyed.

"A short time later, the Shin Bet arrested Anat Kamm, a former soldier in the IDF Central Command, on suspicion that she was Uri Blau's source. In January 2010, the Shin Bet informed Blau's lawyer, Mibi Mozer, that his client was wanted for investigation. Mozer said that the demand contradicted the conditions of the agreement and that he would advise Blau not to comply.

"From that point on, the Shin Bet refused to fulfill the conditions of the agreement it had signed. The Shin Bet also rejected Mozar's proposal to draft another agreement that would highlight the Shin Bet's goal of protecting Israel's security, while still preserving the conditions of the former agreement.

"Haaretz regrets the sudden change in the Shin Bet's position and its consequences, which have resulted in threats and heavy pressure on a reporter who was just doing his job."

Quote:Anat Kamm (Hebrew: ענת קם‎, born 1987) is an Israeli journalist who most recently worked for Walla!, an internet news portal owned, until recently, by Haaretz. She was secretly put under house arrest in December 2009 by the Shin Bet for allegedly leaking classified information from the IDF, about targeted killings of militants in the Palestinian territories[1][2][3][4][5][6]. The Israeli police secured a gag order prohibiting Israeli media from reporting on Kamm's arrest and the reasons for it. They could not even report the existence of the gag order itself.

In 2008, Uri Blau of Haaretz published a report[7] based on these documents which showed that the IDF senior command planned and executed targeted killings that violated an earlier 2006 ruling of the Israeli Supreme Court limiting the circumstances in which such a tactic could be used. This report caused chagrin and embarrassment among the military upper echelon, though the Supreme Court still has not taken further action in light of these revelations.

During Kamm's military service, she worked in the office of the head of Israeli Central Command, Major General Yair Naveh, one of the officers referred to in the Haaretz report.

Despite the fact that numerous foreign media outlets have reported on the case and her identity, there was an almost ironclad gag within the mainstream media. No newspaper has published her name though many have published reports criticizing the authorities for imposing the gag and preventing them from telling their readers about this major story. The first overseas reporting on the case[8] came in the Tikun Olam blog, which collaborated with Israeli bloggers and journalists to bring the story into the public consciousness.

The gag order was removed on April 8. On April 14th, Kamm's trial is scheduled to begin unless her attorneys arrive at a plea bargain with the prosecution.

Though the prosecution originally sought the gag order, in this case Kamm and her attorneys felt it was in her interest to honor it as well. She has exerted great pressure on her supporters not to publicize her arrest or the charges against her. She successfully got Hebrew Wikipedia to remove the article about her[9], which raised controversy both within the Hebrew Wikipedia community and among free speech and free press advocates within Israel and abroad.

The case raises profound questions about the balance between national security and press scrutiny[citation needed]. Advocates for human rights and democracy both within Israel and outside are closely monitoring the case. The Paris-based Reporters Without Borders issued a statement saying that "Defence of national security is a legitimate objective but censorship must not be used to prevent the Israel Defence Forces from being held responsible if they broke the law."[10]

[edit] References
^ http://www.google.com/hostednews/ap/article/ALeqM5jsXiuL8wFexj9wC2OoDPmDI-EAsgD9EQQ18G0
^ http://www.jta.org/news/article/2010/03/29/1011331/israel-gags-news-of-journalist-under-house-arrest
^ http://www.independent.co.uk/news/world/middle-east/israeli-leak-suspect-held-in-secret-house-arrest-1930672.html
^ http://www.independent.co.uk/news/world/middle-east/journalist-on-the-run-from-israel-is-hiding-in-britain-1934015.html
^ http://www.guardian.co.uk/world/2010/apr/02/israeli-journalist-anat-kam-house-arrest
^ http://www.timesonline.co.uk/tol/news/world/middle_east/article7086417.ece
^ http://www.haaretz.com/hasen/spages/1041160.html
^ http://www.nytimes.com/2010/04/07/world/middleeast/07israel.html
^ Discussion in Hebrew; Note that some of the voters cited Kamm's request as a reason to delete the article.
^ http://www.rsf.org/Israeli-media-forbidden-to-report.html

Quote:Did banned media report foretell of Gaza war crimes?
Jonathan Cook, The Electronic Intifada, 15 April 2010

An Arab member of the Israeli parliament is demanding that a newspaper be allowed to publish an investigative report that was suppressed days before Israel attacked Gaza in winter 2008.

The investigation by Uri Blau, who has been in hiding since December to avoid arrest, concerned Israeli preparations for the impending assault on Gaza, known as Operation Cast Lead.

In a highly unusual move, according to reports in the Israeli media, the army ordered the Haaretz newspaper to destroy all copies of an edition that included Blau's investigation after it had already gone to press and been passed by the military censor. The article was never republished.

Blau has gone underground in London after the Shin Bet, Israel's secret police, demanded he return to Israel to hand back hundreds of classified documents they claim are in his possession and to reveal his sources.

He published several additional reports for Haaretz in 2008 and 2009 that severely embarrassed senior military commanders by showing they had issued orders that intentionally violated court rulings, including to execute Palestinians who could be safely apprehended.

Haneen Zoubi, an MP who previously headed an Israeli media-monitoring organization, said it was "outrageous" that the suppressed report was still secret so long after the Gaza attack. She is to table a parliamentary question to Ehud Barak, the defense minister, today demanding to know why the army suppressed the article and what is preventing its publication now. Barak must respond within 21 days.

She said publication of the article was important both because Israel had been widely criticized for killing many hundreds of civilians in its three-week assault on Gaza, and because subsequent reports suggested that Israeli commanders sought legal advice months before the operation to manipulate the accepted definitions of international law to make it easier to target civilians.

"There must be at least a strong suspicion that Mr. Blau's article contains vital information, based on military documentation, warning of Israeli army intentions to commit war crimes," she said in an interview.

"If so, then there is a public duty on Haaretz to publish the article. If not, then there is no reason for the minister to prevent publication after all this time."

Zoubi's call yesterday followed mounting public criticism of Haaretz for supporting Blau by advising him to stay in hiding and continuing to pay his salary. In chat forums and talkback columns, the reporter has been widely denounced as a traitor. Several MPs have called for Haaretz to be closed down or boycotted.

A Haaretz spokeswoman refused to comment, but a journalist there said a "fortress mentality" had developed at the newspaper. "We've all been told not to talk to anyone about the case," he said. "There's absolute paranoia that the paper is going to be made to suffer because of the Blau case."

Amal Jamal, a professor at Tel Aviv University who teaches a media course, said he was concerned with the timing of the Shin Bet's campaign against Blau. He observed that they began interviewing the reporter about his sources and documents last summer as publication neared of the Goldstone report, commissioned by the United Nations and which embarrassed Israel by alleging it had perpetrated war crimes in Gaza.

"The goal in this case appears to be not only to intimidate journalists but also to delegitimize certain kinds of investigations concerning security issues, given the new climate of sensitivity in Israel following the Goldstone report."

He added that Blau, who had quickly acquired a reputation as Israel's best investigative reporter, was "probably finished" as a journalist in Israel.

Shraga Elam, an award-winning Israeli reporter, said Blau's suppressed article might also have revealed the aims of a widely mentioned but unspecified "third phase" of the Gaza attack, following the initial air strikes and a limited ground invasion, that was not implemented.

He suspected the plans involved pushing some of Gaza's population into Egypt under cover of a more extensive ground invasion. The plan had been foiled, he believed, because Hamas offered little resistance and Egypt refused to open the border.

On Monday, an MP with the centrist Kadima Party, Yulia Shamal-Berkovich, called for Haaretz to be closed down, backing a similar demand from fellow MP Michael Ben-Ari, of the right-wing National Union.

She accused Haaretz management of having "chosen to hide" over the case and blamed it for advising Blau to remain abroad. She said the newspaper "must make sure the materials that are in his possession are returned. If Haaretz fails to do so, its newspaper license should be revoked without delay."

Another Kadima MP, Yisrael Hasson, a former deputy head of the Shin Bet, this week urged Haaretz readers to boycott the newspaper until Blau was fired.

A petition calling on the Shin Bet to end its threat to charge Blau with espionage has attracted the signatures of several prominent journalists in Israel.

"We believe the Blau case is unique and are concerned this unique case will create a dangerous precedent," their letter states. "Until now, prosecution authorities have not sought to try reporters for the offense of holding classified information, an offense most of us are guilty of in one way or another."

A group of Israeli human rights organizations is due to submit a letter this week to the government demanding that the investigation concentrate on lawbreaking by the army rather the "character assassination" of Blau and his sources.

Yesterday, the supreme court tightened restrictions on Anat Kamm, one of Blau's main informants, who has been under house arrest since December for copying up to 2,000 military documents while she was a soldier. She is accused of espionage with intent to harm the state, a charge that carries a tariff of 25 years in jail.

The papers copied by Kamm, 23, included military orders that violated court rulings and justified law-breaking by soldiers.

Judge Ayala Procaccia said: "The acts attributed to the respondent point to a deep internal distorted perception of a soldier's duties to the military system he or she is required to serve, and a serious perversion from the basic responsibility that a citizen owes the state to which he or she belongs."

Kamm, the court decided, must not leave her apartment and must be watched by a close relative at all times.

Media coverage of the case in Israel has been largely hostile to both Kamm and Blau. Gideon Levy observed in Haaretz today: "The real betrayal has been that of the journalists, who have betrayed their profession -- journalists who take sides with the security apparatus against colleagues who are doing their job bringing light to the dark."

Calling Israel "a Shin Bet state," Levy added: "If it depended on public opinion, Kamm and Blau would be executed and Haaretz would be shut down on the spot."

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.

A version of this article originally appeared in The National, published in Abu Dhabi.

http://electronicintifada.net/v2/article11211.shtml

Quote:Judge Ayala Procaccia said: "The acts attributed to the respondent point to a deep internal distorted perception of a soldier's duties to the military system he or she is required to serve, and a serious perversion from the basic responsibility that a citizen owes the state to which he or she belongs."