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October 1, 2014 / 7 Tishri, 5775
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Posts Tagged ‘Shurat HaDin – Israel Law Center’

Israel Preparing to take the Palestinian Authority to the Hague

Friday, April 11th, 2014

In cooperation with the Israeli government, an Israeli NGO, Shurat Hadin – The Israel Law Center, is preparing the infrastructure for taking senior members of the Palestinian Authority to the International Court of Justice (ICJ) for their role and participation in terror attacks, according to a report in Makor Rishon.

The claims will be submitted to the court if Palestinian Authority president, Abu Mazen, decides to launch a lawfare attack against Israel at the ICJ. The Palestinian Authority has been threatening to take Israel to the Hague since its status was upgraded in the UN.

Israel has begun taking multiple retaliatory steps in response to the Palestinian Authority breaching the peace talks agreement by taking unilateral actions by applying to various UN groups, and refusing to extend the talks.

Shurat HaDin, an Israeli NGO that defends the legal rights of terror victims, initiated the idea. Various Israeli government offices will be assisting Shurat HaDin in preparing the lawsuits against senior Palestinian Authority officials in the ICJ.

Last year Shurat HaDin began a series of high profile lawsuits in the U.S. against the PA and others involved in terrorism against Israelis. A few of the cases resulted in judgement with high payouts to the victims.

Nitzana Dershan-Leitner, who founded and runs Shurat HaDin, says the purpose of preparing these lawsuits is to discourage the PA from filing any lawsuits in the Hague.

Dershan-Leitner said that as soon as the ICJ Criminal Court recognizes the Palestinian Authority and allows them to sue Israel, it then creates a two-way street, and which allows the PA and its officials to be sued in return, in the same court. The [terrorist] crimes the PA and its officials have committed is far worse than anything they are claiming against Israel.

Dershan-Leitner added that Shurat HaDin has clear documentation in its possession as to who committed and who is behind each terror attack

Australian BDS Academics to Foot Legal Costs

Thursday, August 29th, 2013

The academics at the center of the Sydney University anti-Israel boycott squabble will be asked to cover their own legal costs, as campus controversy over the anti-Israeli movement is exploding, The Australian reported.

The Israeli organization Shurat HaDin Israel Law Center has lodged a complaint against Center for Peace and Conflict Studies director Jake Lynch and member Stuart Rees. Shurat HaDin argues that the support of Associate Professor Lynch and Emeritus Professor Rees have been lending the BDS movement violates the Australian Racial Discrimination Act.

The complaint is now before the Australian Human Rights Commission, but Akiva Hamilton, an Australian lawyer with Shurat HaDin, says it is unlikely to be resolved at that jurisdiction.

“Based on Associate Professor Lynch’s response to the Australian Human Rights Commission, Shurat HaDin expects that the AHRC will be unable to conciliate the racial discrimination claim,” Hamilton said.

If the complaint is not resolved in the AHRC, Shurat HaDin will apply to the Federal Court, according to Hamilton.

But while all that hoopla is being played out in ever more serious courts, Sydney University made sure everybody understands they have no intention of indemnifying professors Lynch and Rees for their anti-Israel extracurricular activities.

“The university does not provide legal support for staff in relation to complaints or proceedings against them in respect of their activities in a personal capacity,” a spokeswoman for the school said.

Kind of makes sense – they can’t quite pay for every professor’s personal hobby. Some of those can get quite hairy.

A case in point is Professor Rees, who in his free time is also director of the Sydney Peace Foundation. Rees was asked about reports that his Jewish students were offended and intimidated by the anti-Jewish undertones of his BDS campaign.

The professor said it was “absolute nonsense,” adding a complaint of his own: “You should see the hate mail I get as a result of taking a stand. They call me antisemitic.”

The very thought of it!

Rees said the Greens were “genuflecting to political survival instincts by pretending the party did not support the BDS campaign.”

“Well, they’re making political calculations because they know the mainstream media and they know that most of the people in Canberra are cowards, irrespective of party,” he concluded.

Alon Tal, a 22-year-old commerce/law student, told The Australian: “As a Jew, my Zionism is inextricably linked with my Jewish identity so the fact that these people are calling for a boycott on Israel which is, essentially, calling for the destruction of Israel, it’s really an affront to me.”

If the AHRC terminates the complaint, Shurat HaDin will have 60 days to lodge Federal Court action.

Israeli-Americans Oppose US Motion to Dismiss Suit on Aid to PA

Tuesday, June 25th, 2013

The 24 Americans living in Israel who had sued the State Department over U.S. aid to the Palestinian Authority have filed their opposition brief to the government’s motion to dismiss,” Shurat HaDin (Israel Law Center) said Wednesday

The plaintiffs allege that aid money to the PA is not being carefully scrutinized nor administered and funds terrorism. The lawsuit was originally filed last November, and attorneys for the American government filed a motion to dismiss their claims.

The plaintiffs contend that the State Department has recklessly ignored congressional safeguards and transparency requirements which govern U.S. aid to the Palestinian Authority. The Americans, some of whom are victims of terror themselves, allege that as a result of White House non-compliance with federal regulations, funds have been flowing to terror groups like Hamas despite federal prohibitions against support for terrorism.

The government claims that the plaintiffs lack standing to bring this civil action and that the case  raises “political questions” best left to the other branches of government. The plaintiffs in turn argue that enforcing limitations on federal foreign aid to the Palestinian Authority against State Department abuses is the judiciary’s job and that suit is far from being an “abuse of discretion,” as the defendants contend.

Shurat HaDin stated, “The government also contends that it is pure speculation that Americans can be injured by terrorism in Israel….”

It is estimated that since the signing of the Oslo Accords in 1993, the United States State Department, via USAID has given more than $4 billion to the Palestinian Authority. Under the Anti-Terrorism Act, the State Department is required to certify that the Palestinian government is committed to a peaceful co-existence with Israel before distributing funds, and ensure that no part of funding is used for terrorism.

Tel Aviv Group Threatens Australian BDS Professors with Legal Action

Thursday, June 13th, 2013

A Tel Aviv-based civil rights group warned Australian supporters of a proposed boycott against Israel on Thursday that their activities were racist, and in violation of Australian Federal anti-discrimination laws. Recently, faculty and students at Sydney University called for the severing of links with Israeli institutions.

In letters sent to Associate Professor Jake Lynch, Professor Stuart Rees and others, Shurat HaDin – Israel Law Center threatened to take legal action if they did not immediately discontinue their boycott campaign.

This past semester, the university’s student body endorsed Associate Professor Jake Lynch’s academic boycott of Israel. Lynch had publicly announced his refusal to work with Dan Avnon, an Israeli professor from the prestigious Hebrew University in Jerusalem, which promotes Israeli-Arab coexistence, and also called for a boycott of Technion University in Haifa.

Professors’ Lynch and Rees’ actions, although widely condemned by mainstream politicians and community figures, have also been supported by NSW Labor MP Lynda Voltz and Mary Kostakidis.

According to NSW Solicitor Andrew Hamilton of Shurat HaDin – Israel Law Center, the Boycott, Divestment and Sanctions (BDS) movement has been recognized as antisemitic by leading authorities such as Anti-Defamation League in the United States, and in a report recently released by the Simon Wiesenthal Center.

In the letters Hamilton pointed out that the Racial Discrimination Act of 1975 made it “unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, … national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life.”

Hamilton also warned that any “successful” boycott of Israel was illegal under the Competition and Consumer Act of 2010 if they damage the businesses they target, and that as a result parties could be investigated by the Australian Competition and Consumer Commission and face legal action for damages.

“Lynch, Rees, Voltz and others like them seek to impose restrictions on those having Israeli and Jewish national, racial or ethnic origins, whether these are goods, services, persons and organizations. The participants of the BDS movement clearly seek to violate freedoms guaranteed by Federal law,” Hamilton said.

Hamilton added out that “these individuals act with the clear purpose of nullifying or impairing the recognition and equal footing of those persons and organizations whom they seek to boycott, divest from and sanction.”

Shurat HaDin – Israel Law Center is an organization dedicated to enforcing basic human rights through the legal system and represents victims of terrorism in courtrooms around the world. Its clients include American, European, and Israeli citizens. It is a fully independent non-profit organization, unaffiliated with any political party or governmental body.

Read a copy of the letter to Lynch.

Legal Activist Calls for Prosecuting France 2 for Al-Dura Hoax

Monday, May 20th, 2013

Israel should file criminal charges against France 2 following a government report Sunday that the television channel broadcast a film in 200 that falsely portrayed the alleged killing of 12-year-old Mohammed Al-Dura by Israeli soldiers.

Charles Enderlin was bureau chief of France 2 when the Second Intifada, also known as the Oslo War, broke out. He “should never be allowed to practice journalism in Israel again,” said Nitsana Darshan-Leitner, director of Shurat HaDin – Israel Law Center.

“In 2007 we argued at the High Court in Jerusalem that France 2′s credentials be canceled, but the press office cited they had a lack of authority to do so,” she added. “Now that the government has determined we were right, it’s time France 2′s bureau chief be prosecuted. Enderlin’s report became a symbol of the second Intifada and a modern-day blood libel directly resulting in hundreds of Jewish and Arab deaths, only for the purpose of raising France 2′s ratings.

“The French network ignited a still-burning torch of hatred against Israel, with images of al-Dura still being presented in anti-Israel protests in Iran, the Arab world and in Western Europe. Those who are responsible must bear the consequences of their actions in order to avoid the repetition of incidents like this and, moreover, to stop this blood libel once and for all.”

Jews Still Planning to Sue Jimmy Carter over Anti-Israel Book

Wednesday, April 10th, 2013

Asserting that no individual has done more than former President Jimmy Carter to defame Israel and to challenge its right to exist, a group of readers filed a class action suit against Carter and the Simon & Schuster publishing company, back in February, 2011, alleging that Carter’s book, “Palestine: Peace Not Apartheid,” contains numerous false and knowingly misleading statements intended to promote the author’s agenda of anti-Israel propaganda and to deceive the reading public instead of presenting accurate information as advertised.

The suit, Unterberg et al. v. Jimmy Carter et.al (11 cv 0720), filed in the United States District Court for the Southern District of New York in February, 2011, sought compensatory and punitive damages against the defendants.

The five plaintiffs named in the lawsuit are seeking at least $5 million in compensation. The hard cover edition cost $27.

Nitsana Darshan-Leitner, director of Shurat HaDin – Israel Law Center, commenting on the decision of Yeshiva University ‘s Cardozo School of Law to give the “International Advocate for Peace” award to President Jimmy Carter, told The Jewish Press:

“It is a great shame that Cardozo Law School will be giving an award to the former U.S. president. President Carter is a person who has exploited his standing to spread lies about the State of Israel, use every possible opportunity to defame the Middle East ‘s sole democracy, and challenge the Jewish state’s right to exist. His book promoted anti-Israel propaganda and lies, and he has even met with representatives of Hamas, a terrorist group responsible for murdering Israelis and Americans.”

In December, 2012, former president Carter apologized to the Jewish community, asking their forgiveness for any negative stigma he may have caused Israel over the years.

“As I would have noted at Rosh Hashanah and Yom Kippur, but which is appropriate at any time of the year, I offer an Al Het for any words or deeds of mine that may have done so,” he said.

The “Al Chet” supplication is recited during the Yom Kippur prayers.

But Nitsana Darshan-Leitner does not seem impressed by the letter, which coincided with Jimmy’s son, Jason Carter, was considering a run to fill a seat in heavily-Jewish suburban DeKalb County, GA.

“He has visited ten times in Gaza and Saudi Arabia since that apology, and he never expressed regrets over his views,” she noted.

The suit, meanwhile, was deleted from the Federal Court’s agenda on a technicality, and will be filed again in NY State court, according to Darshan-Leitner.

The plaintiffs in that suit and the one to be filed, who described themselves as members of the reading public who purchased Carter’s book expecting that they were buying an accurate and factual record of historic events concerning Israel and the Palestinian Arabs, contended that Carter and his publisher intentionally presented untrue and inaccurate information and sought to capitalize on the author’s status as a former President to mislead unsuspecting members of the public.

The complaint alleged that the defendants’ misrepresentations, all highly critical of Israel, violated New York consumer protection laws, specifically New York General Business Law § 349, which makes it unlawful to engage in deceptive acts in the course of conducting business. While acknowledging Carter’s right to publish his personal views, the plaintiffs assert that the defendants violated the law and, thus, harmed those who purchased the book.

The suit was the first time a former President and a publishing house have been sued for violating consumer protection laws by knowingly publishing inaccurate information while promoting a book as factual.

The complaint noted that after the book’s publication, some of Carter’s closest aides, including distinguished public officials and scholars personally involved in the events described, condemned the book as untruthful. Despite being presented with irrefutable proof that many of representations in the book are false, the defendants refused to make any corrections

Attorney David Schoen, representing the plaintiffs, stated: “It is, indeed, a sad day for all of us as Americans, when a former President demeans the dignity of his office by intentionally misstating critically important facts concerning events of great historic significance and public interest, simply to advance a personal anti-Israel animus and to foster the agenda of the enemies of Israel who pump so much money into the Center which bears his name.”

Printed from: http://www.jewishpress.com/news/breaking-news/jews-still-planning-to-sue-jimmy-carter-over-anti-israel-book/2013/04/10/

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