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Paul Merrell

ICC Threats: Worst-Case Scenario for Israel and PA - Global Agenda - News - Arutz Sheva - 0 views

www.israelnationalnews.com/...189378

war & peace Israel Palestine ICC Shurat-HaDin lawfare

shared by Paul Merrell on 07 Jan 15 - No Cached
  • Abbas pledged to join the ICC and lodge charges against Israel there. On Wednesday evening he took the first step, signing the request along with applications to join 20 other international conventions during a meeting broadcast live on PA television, despite US criticism. Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said.
  • The ICC has faced serious criticism over the years for only focusing on "third-world" countries, and particularly the African continent, (since its founding in 1998 all eight cases handled by the ICC have been in African states,) and there is heavy pressure for the court to also try a "western" or allied country as well to dispel those allegations. "They need to take a different type of case, and they would gladly take upon themselves the Arab-Israeli conflict... it's a more interesting and sexier issue to be involved with, and there is tremendous pressure from countries all over the world for the court to get involved." Despite that pressure, until now the ICC has been unable to get involved due to a lack of jurisdiction.
  • But could the move be a blessing in disguise, providing Israel with an opportunity to decisively knock down the many allegations against it in the international arena - including both the legality of "settlements" and alleged war crimes - once and for all? "No, this is a biased court," Darshan-Leitner answers bluntly. "Of course Israel will bring international legal experts and explain why the territories (Judea-Samaria) are only disputed, not occupied, and how Jordan never had a right to them in the first place, for example - but Europe, and many other countries, have a different perspective," and it's from that political perspective that the ICC will analyse the case. "Once Israel is charged with war crimes it's the 'end of the game' - that's why Israel should do whatever it can not to be charged." If found guilty, "Israel would have to extradite to the court those individuals or officials, IDF commanders, etc, who will be individually charged for war crimes. Israel will obviously refuse to do so - Israel is not insane, so it's not going to extradite its own people to be blamed for war crimes - and then as a result Israel will be sanctioned... then there will be a real boycott against Israel from the court's member states.
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  • Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said. Darshan-Leitner emphasizes that her pessimistic prediction is not borne out of a lack of confidence in Israel's legal position. On the contrary, she believes Israel can - and would - make a very strong defense case on either issue were it forced to do so. The problem, she says, is a political one.
  • "In addition, the court will issue arrest warrants against those individuals; Interpol will make it international and those people won't be able to leave the country - it will snowball." There is hope, however. If the ICC is Abbas's "doomsday weapon", Israel's hope lies in deterrence. "That's what were working on."
  • Indeed, Shurat HaDin has already threatened a "tsunami" of prosecutions if the PA chooses to file charges against Israel at the ICC. The NGO has already made good on its threats following unilateral actions by the PA in recent months, launching charges against Mahmoud Abbas himself as well as Hamas's Qatar-based terror chief Khaled Meshaal - both of whom are Jordanian citizens and thus already covered by the ICC's jurisdiction. Should the PA succeed in joining the Court, Shurat HaDin is already preparing a long list of other Palestinian leaders to target with a wide range of charges. "It could be crimes committed during the Intifada against Israelis - all the suicide bombings, all the drive-by shooting attacks. All the heads of the different armed factions have superior liability over what was done by their forces," Darshan-Leitner explains. "And there are also crimes committed against the Palestinian people themselves," from torture to public executions and the use of human shields, she adds. But won't the ICC just dismiss such cases for the same political reasons she cited?
  • "Nobody knows for sure - and that's why it's a deterrent for the Palestinians, because they don't know how the court will take these cases. I find it hard to believe though that the court would agree to prosecute Israel and not the Palestinians." But she cautions that, even though Palestinian leaders will also likely end up in the dock, it wouldn't undo the damage done to Israel. Short of coaxing the Palestinian Authority back to the negotiating table, the only way to stave off an ICC prosecution would be via a combination of threats of counter-prosecution, and concerted political pressure. "The US has threatened to cut all funding to the PA and even UNRWA if they go through with such a move, and obviously Israel will cut off all funding as well," she notes. "And the Palestinian Authority relies almost entirely on American and Israeli funding." The many vocal backers of the PA such as Arab states and the European Union have a poor track record of coughing up the goods, "so if that happens it will essentially collapse." With those considerations in mind, an ICC prosecution is Abbas's "weapon of last resort." And it appears the only real deterrent Israel currently holds in the threat of mutually-assured destruction.
  • Paul Merrell on 07 Jan 15
     
    Note that according to a leaked U.S. State Dept. cable on Wikileaks, Ms. Darshan-Leitner confessed to officials of the U.S. Embassy that Shurat HaDin has "accepted direction" from the Israeli government and works closely with Mossad. https://cablegatesearch.wikileaks.org/cable.php?id=07TELAVIV2636
Paul Merrell

PressTV-Iran sues US at ICJ over assets: Rouhani - 0 views

www.presstv.ir/...Iran-US-seizure

war & peace Iran Israel Shurat-HaDin litigation ICJ

shared by Paul Merrell on 16 Jun 16 - No Cached
  • Iran has filed a lawsuit against the United States at the International Court of Justice (ICJ) demanding compensation over the seizure of USD 2 billion worth of the country's assets by a top American court.President Hassan Rouhani said Wednesday that Iran had filed the lawsuit with the ICJ a day earlier, vowing that his administration will pursue the case to its end.On April 20, the US Supreme Court ruled that about USD 2 billion in frozen Iranian assets must be turned over to American families of people killed in the 1983 bombing of a US Marine Corps barracks in the Lebanese capital of Beirut and other attacks blamed on Iran. Tehran has long rejected allegations of involvement in the 1983 Beirut bombing. The money confiscated under the US court ruling belongs to the Central Bank of Iran (CBI). The assets were blocked under US sanctions.
  • Paul Merrell on 16 Jun 16
     
    The lawsuit in the U.S. was brought by Shurat-Hadin, an Israeli Mossad front organization. Because Iran has sovereign immunity under interntional law, it did not participate in the U.S. lawsuit, enabled by an act of Congress that ignored international law and U.S. treaty obligtgations.
Paul Merrell

Palestinians sue billionaire Sheldon Adelson for Israeli war crimes | The Electronic In... - 0 views

electronicintifada.net/...don-adelson-israeli-war-crimes

war & peace lawfare Palestinians litigation Israel-funders

shared by Paul Merrell on 10 Mar 16 - No Cached
  • A group of Palestinians and Palestinian Americans are seeking $34.5 billion dollars in damages from wealthy individuals and companies they accuse of financing and profiting from Israel’s settlements in the occupied West Bank and other abuses of their rights. The plaintiffs include Palestinians who have lost family members in Israeli attacks in the West Bank and Gaza Strip. Their lawsuit is the latest effort to expose and curb the role of organizations that operate as tax-exempt US charities in fueling violence and settlement expansion on occupied Palestinian land. It names as defendants US tycoons Sheldon Adelson, Haim Saban, Irving Moskowitz and Oracle founder Lawrence Ellison.
  • Adelson is renowned for using his huge casino fortune to advance his pro-Israel political agenda and is a major financial backer of both Israeli Prime Minister Benjamin Netanyahu and the US Republican Party. Saban has donated millions of dollars to US Democratic Party presidential hopeful Hillary Clinton. Moskowitz is one of the main financiers of settler efforts to force Palestinians out of their homes in occupied East Jerusalem. The lawsuit also names Israeli diamond magnate and settlement builder Lev Leviev and Christians United for Israel founder, the US Evangelical pastor John Hagee. Twelve US-based charities and a number of Israeli and US corporations are also named as defendants. The charities include Friends of the Israel Defense Forces, The Hebron Fund and Christian Friends of Israeli Communities.
  • The plaintiffs, represented by the law firm Martin McMahon and Associates, allege that the defendants are directly responsible for violence and for the expansion of settlements. The lawsuit, filed in a Washington, DC, federal court on Monday, alleges a wide range of crimes under US and international law, including genocide, war crimes and crimes against humanity, conspiracy, money laundering, racketeering, perjury and pillage. It alleges that charitable donations are sent to the Israeli army, a violation of US laws against funding a foreign military. Last December, some of the same plaintiffs using the same law firm sued the US Treasury for allowing billions of dollars of tax-exempt donations to flow to Israeli settlements. This lawsuit targets those who are supplying the money. Several are powerful billionaires who the lawsuit contends have defrauded the US tax authorities by funnelling huge sums of money meant for illegal purposes through tax-exempt organizations. According to the lawsuit, approximately $1 billion is sent through these organizations each year, with $104 million going to the Israeli army in 2014.
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  • The lawsuit alleges that the defendants donate money to tax-exempt organizations knowing that it will be used for criminal activity, such as funding the theft and destruction of private property and financing racially discriminatory practices such as Jewish-only towns and highways.
  • But this lawsuit reaches even more broadly than charities that fund political agendas abroad. Seventeen international corporations are named as beneficiaries of the unlawful activities of the tax-exempt entities and donors. The lawsuit calls this money loop a civil conspiracy to defraud the US government. “The settlement enterprise is a very successful industry,” the law firm states in a press release. The US-based real estate firm RE/MAX has grossed $9.5 billion for selling 26,000 new homes in the occupied West Bank, according to the lawsuit. Other corporations named are G4S, Hewlett Packard, Motorola and Volvo. Israeli banks that process international wire transfers for other defendants are also accused in the conspiracy. By targeting both the funders and the profiteers, the lawsuit aims to capture the criminal economic cycle that has helped make Israel’s occupation sustainable for everyone but Palestinians.
  • Separate from the civil conspiracy charges, the lawsuit also accuses Ahava–Dead Sea Laboratories, Israel Chemicals and Nordstrom department stores of the war crime of pillage. Nordstrom sells Ahava cosmetics made with Dead Sea minerals taken from the occupied West Bank.
  • Paul Merrell on 10 Mar 16
     
    Somewhat ironic that the path to prosecution in the U.S. for damage awards against foreign governments as "sponsors of terrorism" by the Israeli Mossad front, Shurat Hadin is now being used to go after those in the U.S. who fund Israeli terrorism against Palestinians.  More coverage here: http://www.aljazeera.com/news/2016/03/palestinians-sue-pro-israel-tycoons-345bn-160307191923877.html
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