Wednesday, July 28, 2010

Empathetic Response Sans Liability

Acts have their consequences. People deciding to take a moral stance, however it is viewed by others. Feeling they have the right to protest which, in a liberal democracy, they most certainly do have. On the other hand, one must also take care with whom one is allying oneself. If, among the peaceful protesters there are violence-prone individuals whose purpose is to do more than innocently protest, then there is danger inherent in the process.

This is a situation limned in a most unfortunate manner for Emily Henochowicz, an American-Jewish 'activist' who chose, as an individual with a particular type of conscience, and an Israeli citizenship-holder to vent her displeasure at the actions of the State of Israel. She - along with others demonstrated objections to Israel's actions in attempting to deflect the trajectory of the Turkish 'humanitarian aid' flotilla to Gaza - assembled in a demonstration, heckling and attacking Border Police officers.

No one appreciates having rocks tossed their way. And police everywhere do respond when they feel themselves to be in physical danger, or when they recognize a need to control an unruly crowd threatening to become ever more violent. When Ms. Henochowicz took part in that protest after the Gaza-bound flotilla was stopped, the army reacted as might have been predicted, and in a manner consistent with the threat they faced. They used tear gas to disperse the crowd.

In the melee, Ms. Henochowicz sustained serious injuries when a tear gas canister hit her. She insists that a policeman aimed directly for her face, in the process shattering her jaw, and causing the loss of her left eye. The incident was witnessed, in fact, by a reporter for Haaretz. Medical treatment was administered at Jerusalem's Hadassah Hospital, and her American father given the bill for NIS 14,000.

On the advice of his lawyer, the Defense Ministry was invited to cover the expense. They refused. On the basis that the injuries sustained by Ms. Henochowicz were accidental, not deliberately caused.

"The canister ricocheted at her after it rebound[ed] off a concrete barrier and changed direction - it was not shot directly at her", the ministry claimed in a draft statement. Which statement also accused Ms. Henochowicz of placing herself at risk by her involvement with a protest characterized as a breach of the peace.

The father's lawyer, however, has a valid point. "Either way, even if wounding of my client was the result of negligence and not criminal intent - even then the State of Israel has a moral, ethical and legal obligation to pay for her treatment."

The Border Police acted as they were instructed to do, and professionally. The demonstrators placed themselves in a position of potential injury exacerbated by their violence.

In the interests of harmony and generosity, the costs associated with providing needed medical treatment to the woman should be absorbed by the State. The young woman could be escorted out of her university program, and invited to leave Israel, but she has a legal right to be there, as a citizen of the country.

She could be admonished to absent herself in future from any like incidents, advised that she will be held liable herself for any further damages done to her through reactive inadvertence.

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