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September 29, 2016 / 26 Elul, 5776

Posts Tagged ‘agent’

UN Demanding Diplomatic Immunity for Hamas Agent

Friday, August 26th, 2016

Israel’s Foreign Ministry spokesman Emmanuel Nachshon revealed that the United Nations Development Program (UNDP), whose employee Wahid Abdullah Borsch, 38, has confessed to working for Hamas, using the international agency’s budget to promote terrorism against Israel, on Wednesday sought Borsch’s release on the grounds that he had diplomatic immunity. Nachshon said the claim had been examined by jurists who determined it is “unsubstantiated.”

Borsch, a resident of Jabaliya in the Gaza Strip, was arrested in July on suspicion of using his employment by the UNDP to carry out missions for Hamas. UNDP is engaged in housing and development projects for the Gaza population, including renovating homes damaged in the military conflicts with Israel. In his interrogation Borsch revealed that he diverted UNDP resources to building a clandestine marina in the northern Gaza Strip in 2015, to be used by the Hamas military arm. Borsch also confessed to influencing his superiors at UNDP to prioritize the rehabilitation in areas where Hamas seniors lived — following instructions he had received from Hamas.

Israel’s UN envoy Danny Danon was contacted by the UN legal office which claimed that UN employees are entitled to diplomatic immunity from prosecution by local authorities and that Borsch should receive UNDP visitors until he is released.

Danon, for his part, contacted the international aid organizations in Gaza with the message that “any dollar spent, and any local hire by an international organization, must be monitored [to] ensure they fulfill the purpose of aiding the residents of Gaza and not funding terror activities.”

The 1946 Convention on the Privileges and Immunities of the United Nations, and 1947 Convention on the Privileges and Immunities of the Specialized Agencies, contain privileges and immunities for three categories of persons crucial for the work of the Organization: 1) representatives of Member States; 2) United Nations officials; and 3) experts on missions for the United Nations.

While Member State representatives enjoy modified diplomatic privileges and immunities, United Nations officials, i.e. permanently employed staff members, enjoy “functional” immunity which is defined as immunity “from legal process in respect of words spoken or written and all acts performed by them in their official capacity.”Article V, section 20, stresses that “…privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the individuals themselves” and that the Secretary-General has to waive the immunity of United Nations officials where it would “impede the course of justice and can be waived without prejudice to the interests of the United Nations.”

The UNDP demand in Borsch’s behalf might be a case of providing immunity post facinus, literally: after the crime has been committed, because, as opposed to United Nations officials, experts on missions for the United Nations, or members of United Nations peacekeeping operations, serve under a temporary and specific mandate and enjoy only certain functionally limited privileges and immunities pursuant to article VI of the General Convention. They are most likely not immune from criminal prosecution.

JNi.Media

Bibi’s Choice

Sunday, August 11th, 2013

News item:

MEXICO CITY (AP) — U.S. law enforcement officials expressed outrage over the release from prison of Mexican drug lord Rafael Caro Quintero and vowed to continue efforts to bring to justice the man who ordered the killing of a U.S. Drug Enforcement Administration agent.

Caro Quintero was sentenced to 40 years in prison for the 1985 kidnapping and killing of DEA agent Enrique Camarena but a Mexican federal court ordered his release this week saying he had been improperly tried in a federal court for state crimes. …

The Association of Former Federal Narcotics Agents in the United States said it was “outraged” by Caro Quintero’s early release and blamed corruption within Mexico’s justice system.

“The release of this violent butcher is but another example of how good faith efforts by the U.S. to work with the Mexican government can be frustrated by those powerful dark forces that work in the shadows of the Mexican ‘justice’ system,” the organization said in a statement.

So imagine how they would react if 104 “violent butcher(s)” were released from prison as a result of improper influence on the justice system, particularly if that influence came from a foreign power! This describes the prisoner release that Israel’s leaders have been coerced into accepting as the price for beginning talks with the PLO.

There isn’t justice in nature. Sometimes evil people do terrible things and escape punishment, even thrive. This brute fact has prompted countless pages of philosophical and theological discourse. But one thing that is not in doubt is that it is one of the functions of civilization to try to bring some order out of this moral chaos by imposing justice.

Hence one of the seven Noachide laws — one of the moral principles that Judaism recognizes as a requirement for any civilized nation, Jewish or not — is to establish courts of law. Subverting justice, then, is one of the worst crimes a person can commit.

PM Netanyahu fell into a trap set for him by Barack Obama, perhaps payback for the humiliation Obama suffered in May 2011, when Bibi dared to publicly instruct the ‘leader of the free world’ about “Middle East reality.”

Now Obama has handed him a “Sophie’s choice,” a moral dilemma in which both forks are horrible. Should he release the prisoners, cause immense pain to the families of their victims, damage Israel’s honor and deterrence, and subvert the legal system that condemned them (and by the way, destroy his own reputation and political career)? Or should he tell Obama to go to hell and expose Israel to whatever consequences were threatened?

Bibi has made his choice. History will judge him.

Visit Fresno Zionism.

Vic Rosenthal

Printed from: http://www.jewishpress.com/blogs/fresno-zionism/bibis-choice/2013/08/11/

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