""If (Foreign Minister Tzipi) Livni wishes, I can recommend several good lawyers in Belgium...."Israeli legal experts deeply concerned about international lawsuits & prosecutions
HHW
Aftermath
Avigdor Feldman Photo: Dudi Vaaknin
Michael Sefarad Photo: Alex Kolumioski
Ilan Katz Photo: Anat Livran
Talia Sasson Photo: Zoom 77
Experts: Concerns over Gaza op prosecutions justified
Israeli legal officials say international lawsuits may indeed ensue
Operation Cast Lead. 'Every Israeli involved in the fighting is
subject to prosecution anywhere in the world,' warns top litigator.
'We can sue Hamas for rocket fire,' adds former deputy JAG
Daniel Edelson
Published: 01.22.09, 15:16 / Israel News
Top Israeli legal experts said Thursday that the recent concerns
suggesting Israeli diplomats and military officials may find
themselves facing legal action over the Israeli offensive in Gaza were
justified.
Many human rights groups have already announced they would demand top
Israeli officials be tried for war crimes in European courts.
Attorney General Menachem Mazuz said recently that Israel was
preparing for a slew of international lawsuits following Operation
Cast Lead; and Jerusalem has even issued a travel advisory for top IDF
officials, urging them to refrain from visiting several European
countries.
Opinion
Defining war crimes / Anav Silverman
Why does international community refrain from calling Hamas actions
war crimes?
Full story
"If (Foreign Minister Tzipi) Livni wishes, I can recommend several
good lawyers in Belgium," said attorney Avigdor Feldman Thursday. "The
fighting in Gaza was too reminiscent of Bosnia. People there were
tried for shooting at civilians, schools and UN facilities after that,
so the concerns are justified."
Every Israeli involved in the Gaza campaign, he added, is subject to
prosecution anywhere in the world. "There is no immunity in cases of
war crimes and I personally know of elements in London that are
gathering every possible evidence in order to build such cases.
"The law is on (the prosecutors') side. I would highly recommend any
soldier or officer contemplating going to the UK to reconsider."
The Rules of War, he explained, are anchored by international law:
"There are several countries which can have one arrested and tried for
war crimes. We are not talking about places like Iran and Syria, but
about countries with proper courts. If Livni knew civilians were
targeted she should stand trial.
"Israel… cannot do as it pleases simply because the Judge Advocate
General decided it wouldn’t be looking into the deaths of civilians."
'Criminals belong in jail'
Attorney Michael Sefarad, who specialized in international law, said
that we must remember that the entire mechanism of the International
Court of Justice (ICJ) in The Hague was put in place after World War
II and the Holocaust, at the Jewish people's demand.
"The notion that some acts cannot be committed even in a time of war
and that war criminals cannot find refuge anywhere is of the utmost
importance, and this mechanism can be used against Israel as well."
Sefarad believes that Israel grossly violated international law during
the Gaza campaign, maybe even to the extant of committing war crimes:
"The hope is that we will be the ones to seek out those responsible
and bring them to justice. If that is not done, then an international
organization should do it, otherwise the atrocities will continue."
As for any damage to Israel's international standing in case top
officials are tried, Sefarad remained unfazed: "If our officers
committed crimes they should be where criminals should be. Should a
president be given immunity against rape charges just because of his
title? Should a finance minister not go to jail for stealing? It may
be less than desirable to investigate a defense minister, but if he is
a war criminal, he belongs in jail.
"As a citizen of Israel, I would like to see the State prosecute its
war criminals," he concluded. "But if Israel refuses to prosecute, or
even investigate such cases, then someone lese has to do it."
'Prosecute Hamas'
Former JAG Deputy Colonel (Res.) Ilan Katz disagrees. Katz believed
The Hague's role has long been used to serve political interests:
"Some countries allow individuals to lobby for the prosecution of
people suspected of war crimes; and Palestinian and extreme-Left
groups have been making use of that against the State of Israel."
Hamas, he added, is exploiting international law just as it did the
civilian population in Gaza. "I cannot imagine any country will
actually try to have Israel's foreign minister arrested; but I do
think it is high time we use the same gears to prosecute the heads of
Hamas for eight years of rocket fire on Sderot."
Attorney Talia Sasson, formally of the State Prosecutor's Office, is
more concerned about the actual image of an Israeli official standing
trail at The Hague. "It saddens me that we even got to a point where
we face such perils."
Israel, she added, must understand its limits: "Our restraint must
derive from our own moral code. We don’t need anyone in the world to
tell us where to draw the line. It is our duty to know the difference
between right and wrong and know how much force we can exert.
"Everyone agrees we have the right to defend ourselves, the question
remains how much force you use… we have to consider the international
community's opinion. We can't keep burying our head in the sand."
DoD
> Aftermath
So we can see where you get your garbage. And as much of a sham lawyer
as you
are, I would tell you to take your recomendation and stick it up your
ass.
DoD
Ariadne
The word is "lawfare": “strategy of
using or misusing law as a substitute
for traditional military means to achieve
military objectives”
NGO "Lawfare": Exploitation of Courts in the Israeli-Arab Conflict
In September 2008, NGO Monitor released a highly detailed analysis of
the exploitation of European and US courts by NGOs. These groups have
initiated criminal and civil cases against Israeli officials for
supposed "war crimes," constituting a form of political "lawfare" –
the use of legal methods to achieve military goals. The forty-page
report, part of the NGO Monitor Monograph Series, provides the first
in-depth study of this important issue, and reveals the role of NGOs
in promoting the expansion of "universal jurisdiction" statutes
worldwide; the creation of the "lawfare" strategy against Israel at
the infamous 2001 Durban Conference; and the leading role NGOs have
played in these cases. The report also documents how the main
perpetrators of NGO "lawfare" are funded by the EU, many European
governments, the Ford Foundation, and George Soros´ Open Society
Institute.
To read the Executive Summary in English, click here. [PDF]
http://www.ngo-monitor.org/article/ngo_lawfare_executive_summary_english_
To read the PDF of the full report, click here.
http://www.ngo-monitor.org/data/images/File/lawfare-monograph.pdf
HHW
But David, my boy, can't you see Palestinian intellectuals and lawyers
following the Elie Wiesel precedent and pursuing fleeing Israel war
criminals like so many Eichmanns to the ends of the earth? Can't you
see Nakba museums springing up like mushrooms. Can't you see them
demanding more and more, with wave upon wave of reparations coming
from us over the next sixty years? Why not, Ukrainians and
Palestinians were victims too?
HHW
But David, these are Israeli lawyers! It's their recommendation to
their own government and army officials. The fact that I agree with
them based on the law doesn't matter much does it? Do you actually
WANT Israel to be able to commit crimes against humanity with
impunity. And if so, do you want all countries to have that same
impunity? Take a look at my answer to Professor Allen Dershowitz's
article in Frontpage. Little old sham country lawyer HHW, long since
retired, takes on the great Allen Dershowitz mano a mano. Surely you'd
like to do something like that wouldn't you! Come on, admit it. It's
not much fun to be such a complete wallflower here at this great dance
where everyone is watching.
HHW
> On 22 Jan, 23:00, DoD <danskisan...@gmail.com> wrote:
>
> > On Jan 22, 4:46 pm, DoD <danskisan...@gmail.com> wrote:
>
> > > On Jan 22, 4:33 pm, HHW <coaster132...@yahoo.com> wrote:
>
> > > > Aftermath
>
> > > So we can see where you get your garbage. And as much of a sham lawyer
> > > as you
> > > are, I would tell you to take your recomendation and stick it up your
> > > ass.
>
> >http://www.ynetnews.com/articles/0,7340,L-3660451,00.html
>
> The word is "lawfare": “strategy of
> using or misusing law as a substitute
> for traditional military means to achieve
> military objectives”
>
> NGO "Lawfare": Exploitation of Courts in the Israeli-Arab Conflict
>
> In September 2008, NGO Monitor released a highly detailed analysis of
> the exploitation of European and US courts by NGOs. These groups have
> initiated criminal and civil cases against Israeli officials for
> supposed "war crimes," constituting a form of political "lawfare" –
> the use of legal methods to achieve military goals.
Just so we know where this comes from:
NGO Monitor Staff
Professor Gerald Steinberg Executive Director
Dov Yarden Chief Executive Officer
Sarah Mandel Associate Editor
Naftali Balanson Managing Editor
Anne Herzberg Legal Advisor
Dan Kosky Communications Director
Yael Beck Senior Researcher
Merav Fima Researcher
Hillel Katchen Researcher
Oliver Moore Research Fellow
Paul Gross Communications and Public Relations
Professor Gerald Steinberg, Executive Director
Professor Gerald Steinberg chairs the Political Studies department at
Bar Ilan University, and is Executive Director of NGO Monitor. He
specializes in Middle East diplomatic and security issues, from
nuclear proliferation to soft power and public diplomacy, with a
particularly emphasis on the politics non-governmental organizations
(NGOs).
His op-ed columns appear in the Jerusalem Post, and in the Wall St.
Journal (Europe); National Review Online, International Herald
Tribune, and other publications, and he is a frequent commentator on
CBS News, NPR and the BBC.
DoD
> On Jan 22, 5:00 pm, DoD <danskisan...@gmail.com> wrote:
> Take a look at my answer to Professor Allen Dershowitz's
> article in Frontpage.
Where is it?
> Little old sham country lawyer HHW, long since
> retired, takes on the great Allen Dershowitz mano a mano.
In a real debate, mano a mano you know you would get dusted. That is
no secret to
anyone here. You have been made a fool of by everyone here. You
definately are a sick
individual.. You are a super clown, because you have supposedly been
educated.
DoD
> On Jan 22, 4:46 pm, DoD <danskisan...@gmail.com> wrote:
>
> > On Jan 22, 4:33 pm, HHW <coaster132...@yahoo.com> wrote:
>
> > > Aftermath
>
> > So we can see where you get your garbage. And as much of a sham lawyer
> > as you
> > are, I would tell you to take your recomendation and stick it up your
> > ass.
>
> But David, my boy, can't you see Palestinian intellectuals
Honor killers? No I cannot.
>and lawyers
Arab lawyers.. another good one, you stupid fool.