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The family of peace activist Tristan Anderson, formerly of Grass Valley, is considering filing suit against Israel.
The Israeli government recently issued a statement denying responsibility for injuries Anderson sustained after being shot by the Israeli army during a peaceful demonstration on March 13.
Anderson, 38, was injured by Israeli troops during protests in the West Bank village of Ni'lin. An Israeli soldier fired the fist-sized canister — a new type of high-velocity, extended-range tear gas projectile — during a clash with protesters and hit Anderson in the head.
Anderson was in Ni'lin as an observer and allegedly standing with other peace activists and Palestinians hours after the demonstration had dispersed from the construction site of a wall the Israeli government was building along its border with the West Bank, according to published reports.
His parents, Mike and Nancy Anderson, still live in Grass Valley and have been in Israel since shortly after his injury. His prognosis remains unclear, despite several surgeries.
Anderson is a veteran of peace activism, but this was his first trip to Israel. The Nevada Union High School graduate was there with his girlfriend on a three-month trip, after which he was due to join his parents for a family vacation in Europe.
In mid-August, Israel's Ministry of Defense issued a statement that its preliminary investigation had cleared government forces of wrongdoing.
The statement said the border police force was attacked massively by about 400 demonstrators who threw blocks, stones and gas rockets and the police sincerely feared that they would be hurt, the San Francisco Chronicle reported.
“Israel doesn't take responsibility for the injury and is saying it is immune from liability,” said the Anderson's lawyer, Michael Sfard, in a telephone interview from Tel Aviv.
“They're saying the whole event, the protest, the need for use of soldiers and border police, the whole thing should be categorized as an act of war,” Sfard said. “It doesn't matter if (Anderson) is an innocent bystander. If damage is caused in an act of war, then the party that caused the damage is not liable ...
“They didn't say Tristan himself waged war,” Sfard added. “They said he was injured in the context of an act of war.”
‘Coercing Tristan's family'
Sfard is a prominent human rights lawyer in Israel and represented the family of Rachel Corrie, the American peace activist crushed to death by a bulldozer in the Gaza Strip in 2003, and Brian Avery, an American shot in the face by Israeli soldiers that same year. Avery eventually accepted a settlement from the Israeli government; Corrie's death was ruled accidental by Israel.
Sfard characterized the Israeli government's response as “nonsense” and called it a very typical defense.
“We're dealing with a civil protest by unarmed men and women,” he said. “You cannot in any conceivable way categorize it as armed hostility or an act of war. ”
The dismissal of Anderson's claim under the “act of war” defense is one of the most extreme cases Sfard has seen, he said.
“I think the government lawyers understand ... there is no chance any court would accept that defense,” Sfard said. “They are coercing Tristan's family to go (through) a legal battle that could take years. They are hoping they will give up.”
Tristan's sister, Kendra Anderson, did not want to comment, responding in an e-mail that “our family is focused on Tristan's recovery.”
Recent surgery
Sfard told the San Francisco Chronicle Sunday the Andersons will file suit, but Kendra Anderson said the family's lawyer “made those comments without my parents' knowledge.”
Sfard was asked whether the Andersons planned to go through with the lawsuit and responded, “I am instructed by Tristan's parents. Whatever they decide, I'll do.”
A civil suit reportedly also is being filed, asking for compensation and an army investigation into the incident.
“We are horrified and overwhelmed,” Nancy Anderson said during a press conference shortly after Tristan's injury. “We are scared and really still in shock. To shoot peaceful demonstrators is really horrifying to us. What we want to ask is that the Israeli government publicly take full responsibility for the shooting of our son.”
Tristan suffered multiple condensed fractures as a result of being hit in the right frontal lobe. He has had several life-saving surgeries, and his prospects for full recovery are unclear.
In early August, Anderson underwent a cranioplasty to relieve pressure caused by post-traumatic hydrocephalus.
To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call 477-4229.
The Israeli government recently issued a statement denying responsibility for injuries Anderson sustained after being shot by the Israeli army during a peaceful demonstration on March 13.
Anderson, 38, was injured by Israeli troops during protests in the West Bank village of Ni'lin. An Israeli soldier fired the fist-sized canister — a new type of high-velocity, extended-range tear gas projectile — during a clash with protesters and hit Anderson in the head.
Anderson was in Ni'lin as an observer and allegedly standing with other peace activists and Palestinians hours after the demonstration had dispersed from the construction site of a wall the Israeli government was building along its border with the West Bank, according to published reports.
His parents, Mike and Nancy Anderson, still live in Grass Valley and have been in Israel since shortly after his injury. His prognosis remains unclear, despite several surgeries.
Anderson is a veteran of peace activism, but this was his first trip to Israel. The Nevada Union High School graduate was there with his girlfriend on a three-month trip, after which he was due to join his parents for a family vacation in Europe.
In mid-August, Israel's Ministry of Defense issued a statement that its preliminary investigation had cleared government forces of wrongdoing.
The statement said the border police force was attacked massively by about 400 demonstrators who threw blocks, stones and gas rockets and the police sincerely feared that they would be hurt, the San Francisco Chronicle reported.
“Israel doesn't take responsibility for the injury and is saying it is immune from liability,” said the Anderson's lawyer, Michael Sfard, in a telephone interview from Tel Aviv.
“They're saying the whole event, the protest, the need for use of soldiers and border police, the whole thing should be categorized as an act of war,” Sfard said. “It doesn't matter if (Anderson) is an innocent bystander. If damage is caused in an act of war, then the party that caused the damage is not liable ...
“They didn't say Tristan himself waged war,” Sfard added. “They said he was injured in the context of an act of war.”
‘Coercing Tristan's family'
Sfard is a prominent human rights lawyer in Israel and represented the family of Rachel Corrie, the American peace activist crushed to death by a bulldozer in the Gaza Strip in 2003, and Brian Avery, an American shot in the face by Israeli soldiers that same year. Avery eventually accepted a settlement from the Israeli government; Corrie's death was ruled accidental by Israel.
Sfard characterized the Israeli government's response as “nonsense” and called it a very typical defense.
“We're dealing with a civil protest by unarmed men and women,” he said. “You cannot in any conceivable way categorize it as armed hostility or an act of war. ”
The dismissal of Anderson's claim under the “act of war” defense is one of the most extreme cases Sfard has seen, he said.
“I think the government lawyers understand ... there is no chance any court would accept that defense,” Sfard said. “They are coercing Tristan's family to go (through) a legal battle that could take years. They are hoping they will give up.”
Tristan's sister, Kendra Anderson, did not want to comment, responding in an e-mail that “our family is focused on Tristan's recovery.”
Recent surgery
Sfard told the San Francisco Chronicle Sunday the Andersons will file suit, but Kendra Anderson said the family's lawyer “made those comments without my parents' knowledge.”
Sfard was asked whether the Andersons planned to go through with the lawsuit and responded, “I am instructed by Tristan's parents. Whatever they decide, I'll do.”
A civil suit reportedly also is being filed, asking for compensation and an army investigation into the incident.
“We are horrified and overwhelmed,” Nancy Anderson said during a press conference shortly after Tristan's injury. “We are scared and really still in shock. To shoot peaceful demonstrators is really horrifying to us. What we want to ask is that the Israeli government publicly take full responsibility for the shooting of our son.”
Tristan suffered multiple condensed fractures as a result of being hit in the right frontal lobe. He has had several life-saving surgeries, and his prospects for full recovery are unclear.
In early August, Anderson underwent a cranioplasty to relieve pressure caused by post-traumatic hydrocephalus.
To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call 477-4229.
