An American Federal Appeals Court has upheld a lower court decision rejecting claims that Caterpillar Inc. is guilty of several crimes because its equipment is used by Israel in military and counter-terrorism operations. The decision, handed down by a three-judge panel in California on Monday, said that the Israeli purchase of the equipment through the US government precludes a finding against the manufacturer without simultaneously condemning American foreign policy. The court refused to pass judgment on the The United States Army has purchased several D9 modification kits from the IDF. executive branch's policy decisions. In a unanimous decision, Judge Kim Wardlaw wrote, "Allowing this action to proceed would necessarily require the judicial branch of our government to question the political branch's decision to grant extensive military aid to Israel. It is difficult to see how we could impose liability on Caterpillar without at least implicitly deciding the propriety of the United States's decision to pay for the bulldozers which allegedly killed the plaintiffs' family members. … A court could not find in favor of the plaintiffs without implicitly questioning, and even condemning, United States foreign policy towards Israel." The appeal was filed by the relatives of 16 Arabs from the Palestinian Authority and one American, Rachel Corrie, killed or injured during Israeli operations using Caterpillar bulldozers. The plaintiffs had argued that Caterpillar was responsible for war crimes and other human rights violations. Speaking with the New York Sun , the attorney for the appellants, Maria LaHood, said the decision was "a huge disappointment." The original dismissal of the case against Caterpillar Inc. was issued in 2005 by a US District Court in Tacoma, Washington. The judge in the case said that he agreed with the company's argument that it wasn't responsible for how the Israeli army used its product. Furthermore, Caterpillar attorney Robert Abrams argued before the court that "you can't aid and abet a legal activity." In its ongoing war against PA terrorism, the IDF modified the massive Caterpillar D9 bulldozer for use under combat conditions. Israeli military versions of the D9 can include such features as protective armor and bullet-proof glass, as well as machine guns, smoke projectors or grenade launchers. The IDF Combat Engineering Corps has deployed the modified D9 extensively, including in demolishing the homes of PA terrorists, in burying weapons smuggling tunnels, and in standoffs with barricaded enemy gunmen. The United States Army has purchased several D9 modification kits from the IDF and produced its own similarly equipped bulldozers. These were deployed under combat conditions in Iraq and elsewhere.
