The High Court of Justice on Wednesday ordered the state to reopen an
investigation into the IDF shooting of an American activist during a 2009
protest against the security barrier.
A tear gas canister struck Tristan
Anderson, an International Solidarity Movement activist from Oakland,
California, in the head during the demonstration, which included violence, in
Ni’lin, west of Ramallah.
He was hit despite not participating in any
violent activities and observing the protests from afar behind a mosque in the
village, according to Yesh Din – Volunteers for Human Rights.
his injuries resulted in severe permanent brain damage and paralysis to half his
body, although Israeli medical services were able to save him from dying, Yesh
The NGO filed a petition to the High Court in 2012 on behalf of
Anderson’s parents, Nancy and Michael, demanding that a police investigation be
reopened to examine aspects of the incident that the police allegedly
In ordering the case to be reopened, the High Court ordered the
state to focus on an additional group of security personnel whom the police
allegedly did not question.
Warning: This video contains graphic content.
Yesh Din provided a video showing a second
group of security personnel nearby and also provided evidence they shot tear gas
grenades found in the area, and not the first group whom the police
The grenades in the area had a range of only 100 meters,
while the interrogated group of security personnel was 300 meters away, which
means the grenades were likely shot by a different group.
Yesh Din also
alleged that the police never came to review the scene of the
In January 2010, the Justice Ministry said no indictments would
be served in the case and that a police investigation had showed there was no
criminal intent in harming Anderson.
Yesh Din attorneys Michael Sfard and
Emily Schaeffer said it was “an extreme case of police negligence” and that
officers had not examined the scene and had questioned the wrong
“To date, the border police who were within firing range of
Tristan have never been questioned,” they said. “We live with the consequences
every day, but the persons who shot him are not held responsible and justice has
not been done.”
The state agreed to pass on new items of evidence as they
are discovered within 15 days of discovery.
It also committed to
completing the new round of review and to updating the court on the review
within 120 days.
Jerusalem Post Annual Conference. Buy it now, Special offer. Come meet Israel's top leaders