Category Archives: lawfare

UN Says “Anti-Zionism NOT Anti-Semitism”

Anti-Zionism Is Not Anti-Semitism, Stipulates UN Organization, EAFORD

THE INTERNATIONAL ORGANIZATION FOR THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (EAFORD)

Item 7. Human rights situation in Palestine and other occupied Arab territories

To expose Israel’s human rights abuses and attacks on Gaza is not anti-Jewish; criticism based on mountains of reports of human rights violations are not directed at Jews anywhere, but at the policies of the State of Israel.

The international community can and should abhor the slaughter of Palestinian women and children without being labeled anti-Semitic.

Zionism is a political movement, not a religion; it is a colonialist, racist, ideology of conquest, oppression, subjugation and control.

Zionism is Israel’s official ideology and to oppose the discriminatory policies of this apartheid state is not racist. Israel is one thing, Judaism another: to confront one is not to be in opposition of the other, they are separate.

Jews can be anti-Zionists, and anti-Semites can be staunch Zionists. Some of the most adamant supporters of Zionist ideology are not Jews, but some fundamentalist Christians. This agenda item does not report on a religion but on a State’s discriminatory policies towards a people who are Semitic too!

Occupation is not about religion: It is a nation’s policy of aggression; its use of disproportionate force, and collective punishment.

When the atrocities committed on the people of Palestine are condemned, Zionists call it anti-Semitism, which is a concocted myth. It is simply a ploy to “dismiss all criticism, no matter how legitimate, as rooted in prejudice and therefore without any validity.” (Cohen)

Equating anti-Zionism with anti-Semitism poisons any resolution; let it not deter us from our pursuit, the real goal which must prevail: truth and justice.

Thank you Mr. President.

EAFORD

24 March 2009

listen to audio HERE

WAR CRIMES~Israel To Stand Trial In Spain

Israeli War Criminals

Israeli War Criminals

Well, don’t ya just love Spain??? They did not cave in to the Jewish lobby or Lawyers representing Israel. There was a report HERE where a group of Lawyers representing Israel were attempting to get the Judge to drop the case, saying “Israel” would do it’s own investigation (ROTFLMAO) However, evidently the Spanish Judge thinks humanity can best be served if someone other than Israel handles the investigation and charges. I agree! Should they be convicted, they will be trapped in Israel for life, never being able to leave the country for fear of being arrested!! Story below:

CRIMES AGAINST HUMANITY~Israel To Stand Trial in Spain

Spanish National Court Judge Fernando Andreu says he will redouble his probe of seven top Israeli military and government officials for suspected ‘crimes against humanity.’ He made the decision after determining that documents forwarded by the Israeli Embassy in Madrid show that Israel has decided not to prosecute anyone for the targeted assassination of Salah Shehadeh, the commander of the military wing of Hamas, in Gaza City in 2002. Spanish law allows the prosecution of foreigners for such crimes as genocide, crimes against humanity and torture committed anywhere in the world if the suspects will not be tried in their home country.

A seven-page court document says the initial evidence suggests that the attack in the densely-populated Gaza City, which killed 14 civilians, ‘should be considered a crime against humanity.’ Supporters of the lawsuit say Spain should pursue the suit because it has ‘universal jurisdiction’ in such cases.

Andreu will now probe former Israeli Defense Minister Binyamin Ben-Eliezer, former Air Force Commander Dan Halutz, former head of the National Security Council Giora Eiland, and four other senior officials. Andreu will also seek testimony from Palestinian witnesses. The court will ask Israel to formally notify those named in the complaint so that they can be called by the judge to testify. Should Andreu decide to issue an international arrest warrant for any of the seven Israelis, they could be detained upon arrival in any EU member state.

The lawsuit has sparked outrage in Israel, which is trying to fend off foreign censure over the civilian death toll during Operation Cast Lead in January 2009. Israeli Defense Minister Ehud Barak has rejected the complaint as ‘delirious’ and pointed out that Shehadeh was a terrorist mastermind responsible for the deaths of many dozens of innocent people. ‘Whoever calls taking out a terrorist ‘a crime against humanity’ lives in an upside-down world,’ he said. Barak vowed to do ‘everything possible to get the investigation dismissed.’

Incoming Prime Minister Binyamin Netanyahu called the Spanish probe outrageous. ‘It’s absurd: Israel is fighting against war criminals and they are charging us with crimes” said Netanyahu. ‘There is nothing more ridiculous and absurd than them accusing us, a democracy legitimately protecting itself against terrorists and war criminals, of these crimes; it is absurd and makes a mockery out of international law,’ he said

Sorry, but Israel makes a mockery our of international law, 62 UN resolutions against it, does not recognise the Geneva Convention, murders children, uses weapons in illegal ways, the lest is endless! This time they will pay! When Israel does not get its way it then resorts to threats, they are thugs, see below:

Knesset Member Aryeh Eldad, pointing to what many see as rank hypocrisy by Spain, has called for Israel to put former Spanish officials on trial for their role in the NATO bombing of Serbia in 1999. His official petition, which was sent to Israeli Attorney General Menachem Mazuz, says: ‘In those bombings, hundreds, perhaps thousands, of innocent civilians were killed because NATO pilots dropped their bombs from extremely high altitudes in order not to endanger themselves. They thus caused mass civilian casualties. It is fitting that the State of Israel try the Spanish political and military leaders for war crimes if Spain does not immediately revoke the charges against the Israeli Defense Minister and Chief of Staff.’

Sensing that the case has the potential to further cement Spain’s image as one of the most anti-Israel countries in Europe, Spanish Foreign Minister Miguel Ángel Moratinos said his government would consider a proposal to amend the controversial war crimes law that now allows the court to investigate the Israelis. But he was immediately contradicted by Deputy Prime Minister María Teresa Fernández de la Vega, who stated defiantly that ‘Spain is a country ruled by law and the justice system [here] enjoys absolute independence. This was made clear to Israel and we are sure they understand this.’

So far none of the lawsuits filed against Israel in Europe have ever reached the stage of a court trial where Israeli leaders have appeared before a foreign judge. But Spain’s case against Israel could open a Pandora’s Box as sundry political organizations try to use the Spanish legal system to charge Israelis and others who are fighting terror. Indeed, Israel is now bracing for a wave of lawsuits which accuse it of human rights violations during Operation Cast Lead.

Well, if the Crime fits, you cannot acquit!!! Israel is GUILTY OF WAR CRIMES!

At the moment, Israel’s best option for avoiding a messy and precedent-setting trial may be to exert diplomatic pressure to persuade Spanish authorities that Spain has a vested interest in protecting its justice system from malicious abuse. Britain reached that conclusion in wake of the Almog affair in 2006. And Belgium rolled back its universal jurisdiction law in 2003 after former US Secretary of Defense Donald Rumsfeld threatened to pull NATO headquarters out of Brussels.

Here’s hoping the Spanish Government and Judge hold the line against what will surely be an onslaught of venom coming their way from all directions. After all, Israel is very used to being allowed to commit crimes and not be change. They have been getting away with murder for years, it’s time to stop it now!

Unexploded Bombs Still Threaten Gaza

Video from Aljazeera English

Gazan Injured_Three Boats Damaged by Israel off Gaza Coast

Well, you know they can’t allow Gaza fisherman to catch fish for food, gotta keep starving people. Israel most likely will claim the fish were members of Hamas so they had to fire on the boats!

Fisherman injured, three boats damaged by Israeli fire on Gaza coast

Gaza – Ma’an – A Palestinian fisherman was injured and three boats were damaged Friday morning after Israeli warships opened fire on the coastal areas near Rafah and As-Sudaniyah.

Head of Emergency and Ambulance Services in the Gaza Strip Dr Muawiyah Hassanein said the man was lightly injured.

Israeli warships stationed along the Gaza coast have continually attacked fishermen earning their livelihoods in the north, south and central areas.

Another report HERE

Jewish Judge Heads UN Israeli War Crimes Investigations

Strategically there are two ways to look at this: 1. Either they are going to “go for it” and Israel will be charged. Having a Jewish Judge head the panel will blow holes in Israeli’s claims of “bias” 2. Perhaps nothing will come of this and the “judge” was placed to lead the panel because this investigation will go “nowhere”

take your pick, story below:

UN names Jewish judge to lead Israel-Gaza probe

Richard Goldstone, former chief prosecutor for war crimes in Yugoslavia and Rwanda, to head high-level mission to investigate alleged crimes committed by IDF during Operation Cast Lead

The United Nations says a Jewish judge from South Africa will lead a high-level mission to investigate alleged war crimes committed by Israel in the Gaza Strip.

The global body says its former chief prosecutor for war crimes in Yugoslavia and Rwanda, Richard Goldstone, will head the probe ordered by the Human Rights Council in January.

According to the mandate, the investigation will focus only on Palestinian victims of the three-week war between Israel and Hamas earlier this year.

Israel has refused cooperation with previous council probes, calling them biased.

“It is in the interest of all Palestinians and Israelis that the allegations of war crimes and serious human rights violations related to the recent conflict on all sides be investigated,” Goldstone said in a statement.

“I am confident that the mission will be in a position to assess in an independent and impartial manner all human rights and humanitarian law violations committed in the context of the (Gaza) conflict,” the president of the Human Rights Council, Nigerian ambassador Martin Uhomoibhi, said in a statement.

Goldstone will be accompanied by British human rights professor Christine Chinkin, Pakistani lawyer Hina Jilani and retired Irish Army colonel Desmond Travers.

Here is a bit more on members of this “4 person team” led by Goldstone, from the Institute for International Criminal Investigations website:

Richard J. Goldstone is a former member of the Constitutional Court of South Africa and the former Chief Prosecutor of the United Nations Tribunals for the former Yugoslavia and Rwanda. He is the author of For Humanity: Reflections of a War Crimes Investigator (Castle Lectures in Ethics, Politics, and Economics) (Yale University Press, September 2000), with a foreword written by The Honorable Sandra Day O’Connor.

Desmond Travers is a recently retired Colonel of the Army of the Irish Defence Forces. His last appointment was as Commandant of its Military College. In a career spanning over forty years, he served in various command and instructional appointments in the Infantry Corps. He was a founder of two of the Forces’ teaching and training institutions.
He also served in command of troops and in key operational appointments with various UN and EU peace support missions. These were in the Middle-East (Cyprus, Lebanon) and in the Former Yugoslavia (Croatia and Bosnia and Hercegovina).He is a student of military history and his works are published internationally from time to time.

Hina Jilani is a lawyer of the Supreme Court of Pakistan experienced in constitutional and human rights litigation. A founder of the first women’s law firm and legal aid centre in Pakistan, she is also a Founding Member of the Human Rights Commission of Pakistan, and has been a special representative of the UN Secretary General on Human Rights Defenders, a member of the International Commission of Inquiry on Darfur, and a member of the Eminent Jurists Panel on Human Rights and Counter Terrorism, appointed by the International Commission of Jurists.
She serves as Chair of the International Council for Human Rights Policy, Geneva, has written extensively on human rights and democracy, and is the recipient of numerous honors and awards.

And information on Christine Chinkin, taken from the London School of Economics and Political Science website:

Chinkin, Christine
Professor Christine Chinkin
Department Position held
Department of Law
Professor of International Law

Centre for the Study of Human Rights
Experience keywords: human rights law and institutions; international dispute resolution; dispute resolution; women’s human rights; international human rights; united nations law; public international law; feminist legal issues

I will remain skeptical until proven wrong.
UPDATED: Well this is a bit encouraging, from March 16th 2009 LINK HERE

UPDATED X2: This is very interesting indeed. It seems the Israelis are none too pleased with this new group that was created in January in response to the genocide in Gaza. Perhaps Goldstone will do the deed properly. Note what he has to say in the piece below:

The Israeli government has in the past refused to co-operate with UN human rights council investigations, including one led by Archbishop Desmond Tutu.

It is not clear whether Israel will co-operate with the new investigation.

“This committee is instructed not to seek out the truth but to single out Israel for alleged crimes,” said Yigal Palmor, spokesman for the Israeli Foreign Ministry.

He said the council was a discredited body.

‘Shock’ appointment

Mr Goldstone is a former UN chief prosecutor for war crimes in Yugoslavia and Rwanda. He is also a former judge at the South African constitutional court.

He is also on the board of governors at Hebrew University in Jerusalem.
Mr Goldstone said he was “shocked, as a Jew”, to be invited to head the mission.

“I’ve taken a deep interest in what happens in Israel. I’m associated with organisations that have worked in Israel.

“And I believe I can approach the daunting task that I have accepted in an even-handed and impartial manner.” SOURCE

UPDATED X3 Well maybe not LOL, look at how the the JTA is reporting this:

(JTA) — A Jewish South African with close ties to Israel will head a U.N. inquiry into war crimes during Israel’s recent war with Hamas in the Gaza Strip.

He said his Jewishness and ties to Israel were added values. “I’ve taken a deep interest in what happens in Israel,” he said. “I’m associated with organizations that have worked in Israel. And I believe I can approach the daunting task that I have accepted in an evenhanded and impartial manner.”

Again, time will tell us all………….

Whitewashing IDF Atmosphere of Brutality

Israeli military police have closed an investigation into soldiers’ accounts of abuses committed in Gaza, saying they were based on hearsay.

An Israeli military college published the accounts, which included claims that soldiers fired on civilians and vandalised property.

The probe concluded that the stories were “purposely exaggerated”.

“The climate in general… I don’t know how to describe it…. the lives of Palestinians, let’s say, are much, much less important than the lives of our soldiers,” an infantry squad leader was quoted saying in reports carried in Israeli newspapers.

While academy director Dany Zamir told public radio that “[the testimonies] conveyed an atmosphere in which one feels entitled to use unrestricted force against Palestinians”.

Testimonies, which were given by combat pilots and infantry soldiers, also included allegations of unnecessary destruction of Palestinian property.

“We would throw everything out of the windows to make room and order. Everything… refrigerators, plates, furniture. The order was to throw all of the house’s contents outside,” a soldier said.

Heavy civilian casualties during the three-week operation which ended in the blockaded coastal strip on 18 January have provoked an international outcry.

Cynthia McKinney in London

Cynthia McKinney reports from London. I just love this woman, well, not just me but everyone over here loves her, especially in Ireland.

Hello! I’m currently in London, invited by the Kuala Lumpur Foundation to Criminalise War, to participate in a Forum for Palestine sponsored by the Malaysian Ministry of Foreign Affairs. The event is taking place at the Marriott Grosvenor Hotel on March 31, 2009. This one-day Forum will feature the Malaysian Foreign Minister Dato Serri Rais Yatim giving the opening address and former Malaysian Prime Minister Tun Mahathir presenting the keynote address. I will speak for about 20 minutes on the Genocide in Palestine and, of course, what happened to me in international waters while on a boat carrying medical supplies, attempting to reach the beseiged people of Gaza.

Of course, it is right here in London that George Galloway’s triumph must be marked of reaching Gaza by land in a convoy of vehicles. Even in triumph, M.P. Galloway acknowledged that they still had to ask Israel’s permission for some of the vehicles to enter Gaza.

Nonetheless, what Galloway did was absolutely phenomenal and those of us who tried to reach Gaza by sea, through the territorial waters of the Gaza remained committed to that goal. However, we must deal with the issue of impunity. Right now, we see that justice is blind–meaning that those most in need of justice are the ones to whom the system of justice constructed in our country and internationally, is blind. We must change that.

For those of you who are, or who have friends who are in London, please pass this message along. It would be great if we could have a better-than-expected turnout of our Power to the People friends who are “across the pond.” read the rest HERE