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December 19, 2014 / 27 Kislev, 5775
 
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Posts Tagged ‘Shurat Hadin’

Israel Law Center Wins Landmark Decision Against PA in NY Court

Friday, November 21st, 2014

Shurat HaDin – the Israel Law Center – on Thursday (Nov. 20) won a landmark decision against the Palestinian Authority (PA) on behalf of 11 families of victims of terror. The U.S. District Court in New York set a date for a jury trial in January for the case that began in 2004.

The Israeli civil rights advocacy group is representing the families in a lawsuit that holds the PA and Palestine Liberation Organization (PLO) responsible for the deaths of their loved ones due to seven terror attacks between 2001 and 2004, during the period of the second intifada.

“For years the PA provided funding and every measure of support for the murderous terrorist operations in Israel that devastated the country and left so many civilians dead,” said Shurat HaDin head Attorney Nitzana Darshan-Leitner.

“The decision and trial will provide an unprecedented opportunity to present to a New York jury all that the evidence that has been amassed documenting the Palestinians’ use of terrorism as an official policy to advance their goals,” she added.

At issue is the question of whether the PA and PLO are “vicariously liable” for the deaths of the American citizens killed in the seven terror attacks.

Thursday’s decision found there was sufficient evidence to prove that PA employees were involved in carrying out terror attacks against civilians in Israel and that the PA and PLO provided weapons, money and other material support to the operatives, in violation of U.S. Anti-Terror laws.

Moreover, there is sufficient evidence to provide the possibility that a jury could also rule the PA and PLO guilty of providing “safe haven” to the terrorists, and material support to Fatah’s military wing, the Al-Aqsa Martyrs’ Brigades and Gaza’s ruling Hamas terrorist organization.

Recently Shurat HaDin won a ruling against the Arab Bank in which the bank was found guilty of providing material support to Hamas in funding terrorist attacks. The bank has appealed the case.

The trial set for January is a landmark case whose costs in terms of damages awarded by the court to the plaintiffs could reach up to $1 billion.

 

 

Israeli Lawyers File War Crime Suit against Abbas for Rocket Fire

Monday, November 10th, 2014

An Israeli civil rights group has filed a complaint in the International Criminal Court against Palestinian Authority chairman Mahmoud Abbas for war crimes in the Gaza war against Israel.

The Shurat HaDin (Israel Law Center) group said that Abbas can be tried in the court in Hague because he has Jordanian citizenship.

The Palestinian Authority is not as member of the ICC, but Abbas has threatened he will apply for membership. If the PA is accepted, he could file war crime suits against Israel.

“Shurat HaDin will not allow Fatah to carry out rocket attacks on Israeli population centers, while hypocritically advocating Palestinian membership in the ICC, said Shurat HaDin director Nitsana Darshan Leitner. “Abbas falsely believes that alleged crimes against Arabs are the only ones that should be prosecuted,” she added.

Darshan-Leitner argued that Abbas, as head of the Fatah movement, “is liable for Fatah’s rocket attacks on Israeli cities during this past summer’s Gaza war.”

Fatah boasted that it launched missiles towards numerous Israeli communities, including Ashkelon, Sderot, Netivot and kibbutzim in the Gaza Belt area.

Darshan-Leitner explained that Abbas’ Jordanian citizenship circumvents the previous obstacle to the ICC chief prosecutor’s argument that the court did not open an investigation into war cries in the war because neither Israel or the Palestinian Authority is a member of the ICC.

“Abbas is a Jordanian citizen and Jordan is a current member of the ICC,” she said, “The ICC is empowered to exercise its jurisdiction over all acts committed by the citizen of a member, wherever those acts are committed.”

The complaint notes Jordan has never prosecuted any Palestinian citizen for terrorism and it “has no means of obtaining custody of Mahmoud Abbas,” who lives in Ramallah under PA protection.

In September, Shurat HaDin filed an ICC complaint against Hamas leader Khaled Mashaal, who also possesses Jordanian citizenship, for Hamas’s extra-judicial execution of 39 Palestinian civilians in Gaza.

 

Shurat HaDin to Bring Hamas to Hague for War Crimes Against its Own People

Wednesday, September 3rd, 2014

An Israeli civil rights group, Shurat HaDin Israel Law Center, has filed a complaint in the International Criminal Court (ICC) in the Hague against Hamas leader Khaled Mashaal over the July-August murders of 38 Gazan civilians.

The motion by the Shurat Hadin Israel Law Center to bring Mashaal to the ICC was made possible by the fact that he is a citizen of Jordan, one of the ICC member states, and represents the first time that a Palestinian terrorist would be brought to the court on the basis of his Jordanian citizenship.

The complaint alleges that Hamas executed 20 Gazan civilians on July 28 for engaging in anti-Hamas protests, and publicly executed at least 18 civilians on August 22 for “collaboration” with Israel. The complaint further states that Mashaal “had knowledge of the executions, oversees Hamas’s governance of Gaza, and actively encourages and supports the executions.”

As a Jordanian citizen, the Hamas leader is subject to prosecution by the ICC because court is “empowered to exercise its jurisdiction over all acts committed by the citizen of a member, wherever those acts are committed,” explained attorney Nitsana Darshan-Leitner, the chairperson of Shurat Hadin.

In video footage broadcast around the world, Hamas spokesmen testified to the killings of at least 38 civilians in Gaza since the outbreak of this summer’s war with Israel. One of the videos shows Hamas executioners publicly announcing the verdict against some of the condemned civilians, who appear kneeling with cloth bags over their heads in a Gaza mosque. The executions brought widespread condemnation of Hamas from a number of human rights groups.

The Israeli legal group filed the complaint partly as a response to statements made last week by ICC Chief Prosecutor Fatou Bensouda, who said that the court has not “avoided opening an investigation into alleged war crimes in Gaza due to political pressure” and has only failed to do so due to a lack of jurisdiction. According to ICC protocols, either the claimant or defendant in a case must belong to an ICC member state, a status that neither Israel nor Gaza holds. By trying Mashaal as a Jordanian, the Israeli group hopes to force the court to convene on the case, as Bensouda indicated it would be willing to do.

Darshan-Leitner told Tazpit News Agency that if the case against Mashaal succeeds in going to court, the results would be significant for Israel. The Hamas leader would be arrested and put on trial, and as the attorney pointed out, “the punishment for war crimes is imprisonment for life. It’s a life sentence without parole.” She also noted that a successful trial would undermine the legitimacy of Hamas, who would be “recognized as committing war crimes against its own people.”

Asked about the prospects of the case going to trial, Darshan-Leitner said that she intends to “put public pressure on the court to deal with this issue.” She noted that the court has an incentive to take the case in order to avoid appearing hypocritical, since the chief ICC prosecutor herself wrote that the court is willing to deal with allegations against Hamas.

“Quite frankly,” she said, “I don’t see a way out for the court from dealing with this case. For the first time they have the jurisdiction to deal with Hamas war crimes in Gaza.”

Jordan’s Arab Bank Goes on Trial in NY for Terror Financing

Monday, August 11th, 2014

A worldwide legal earthquake is about to begin in Brooklyn, where the Jordan-based Arab Bank goes on trial today (Monday) for authorizing money transfers from terror entities to Hamas members abroad.

The case, a lawsuit by the families of US victims of terror, has been 10 years in the making and revolves around ‘martyr payments’ to the relatives of Hamas suicide bombers via the Jordan-based Arab Bank through its New York branch during the second intifada.

The plaintiffs claim in their suit the Bank has violated Section 2339B of Title 18 of the US Code, which makes it illegal for an entity within the United States to provide material support or resources to designated foreign terrorist organizations. Hamas is included on that list. Attorney Gary Osen of Osen LLC is the lead attorney in the case.

This is the first-ever civil trial targeting terrorist financing, one that has dragged on for a decade because Arab Bank has worked just that hard to fight it — or at least to delay the proceedings as long as possible. When the Supreme Court rejected the Bank’s petition to hear the case in June, the way was paved for today’s hearing in Brooklyn.

In April 2013, a New York Federal Court penalizing the Bank with an order imposing sanctions for refusing to submit documents for review by the plaintiffs to determine whether they could be used as evidence in the case.

That order raised Cain between three agencies at the federal level in the Obama administration – the US State Department, the Justice Department, and the Treasury Department – as officials tried to decide just how to deal with this delicate but dirty matter that affects not one, but at least two or more of America’s closest allies in the Middle East.

The Bank claimed it refused to submit the documents because it could have violated bank secrecy laws in Jordan and Lebanon. The lower US court was having none of that and ruled a jury could interpret that to mean an automatic admission of guilt on the part of the Bank.

In a pre-trial statement to Forbes, the Bank commented, “The facts show that Arab Bank provided routine banking service in compliance with applicable counter terrorism laws and regulations, and had no intention of providing support to Hamas or any other known terrorist organization.”

The Bank is accused of facilitating massive money transfers from 1998 to 2004 to Hamas leaders and institutions, as well as to the families of jailed Hamas members and suicide bombers. The money allegedly came from insurance benefits provided by the Saudi Committee and the Hezbollah al-Shahid Foundation. Both supported the intifada by providing benefits to the families of those who “martyred” themselves or who became injured or captured by the IDF in the process.

The insurance was “ultimately designed to provide substantial material support to Palestinian terrorist organizations and to provide a meaningful incentive both to prospective recruits and to individuals contemplating the commission of independent acts of violence in the name of the ‘popular resistance’,” according to the complaint, as quoted by Business Insider.

There were five attacks specified in the complaint in which Arab Bank allegedly facilitated money transfers to the relatives of Hamas terrorists. One was the October 2003 case of John Linde Jr., murdered with two other security officers while escorting US diplomats to interview Palestinian Arab candidates for Fulbright Scholarships. The three were killed by an IED (improvised explosive device, also known as a ‘homemade bomb’) in northern Gaza. A second involved 3-year-old Tehilla Nathansen, killed while sitting on her mother’s lap when terrorists blew up the No. 2 bus in Jerusalem in August 2003. A third child, 8th grader Jacob Mandell, was killed in a hail of rocks hurled by attacking Palestinian Arabs along with another friend while hiking in May 2001. And so on.

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

The Ultimate Mission to Israel

Tuesday, February 18th, 2014

The Tel Aviv based civil rights group, Shurat HaDin – Israel Law Center, has announced it will be hosting another of it’s “Ultimate Mission to Israel” this May 26, through June 2, 2014. The organization which pioneered the use of civil lawsuits and legal actions against the Palestinian and Islamic terrorist organizations in courtrooms worldwide, has been conducting cutting-edge tours of Israel since 2003. The eight day long May trip promises to provide participants with a behind the scenes view of the extreme security challenges the Jewish State is currently facing.

According to Shurat HaDin’s director, attorney Nitsana Darshan-Leitner: “The Ultimate Mission is a first hand and dynamic investigation of the strategic battle being waged against the terrorist groups who threaten Israel’s survival including Hezbollah in the North, the Syrians on the Golan and the PLO and Hamas on our other borders. This is the real Israel as seen through the eyes of the IDF commanders, the intelligence analysts, and strategic policy makers who shape and lead Israel’s multifaceted war on terrorism.”

From field trips to the Lebanese and Syrian front lines to briefings with Mossad officials and private talks with Israeli war heroes, senior members of the government and former Arab undercover operatives, travelers will discover that the Ultimate Mission offers unparalleled access at an incredible value into the military, humanitarian, judicial, religious and political reality of the Jewish State. You’ll experience first hand how Israel is fighting for its survival in the geopolitical reality of the Middle East today. The tour includes such hotspots as the Erez Crossing into Gaza, exclusive visits to IDF bases, observing a Hamas court trial and an insider’s tour of the controversial security fence. It allows participants to put a visual picture to the places making world headlines everyday.

Situated at the crossroads of three continents – Europe, Asia, and Africa – and in the midst of the political hotbed that is the Middle East, Israel is an intriguing and alluring travel destination where culture, religion and politics coalesce. It is filled with diversity and intrigue calling to travelers from all corners of the world. Participants on the Ultimate Mission will discover that the issues in the Israeli-Arab conflict are not black and white, but rather complex narratives intertwined in both the physical landscape as well as the historical memories binding the Israeli people. Atvs on the Syrian Border

With shores that touch the Mediterranean and Red Sea and borders that span from Syria to Egypt, options for adventure and activity abound. The Ultimate Mission includes both scenic and cultural opportunities such as going ATV’ing on the Golan Heights, boating in the moonlight on the Sea of Galilee, touring along the border with Gaza and also celebrating a traditional Shabbat dinner in the Old City of Jerusalem. The tour is strictly kosher and the program “Shomer Shabbat.”

With so much to see, learn and experience, Shurat HaDin prides itself on the fact that this travel program is designed by specialists with a deep knowledge and a unique level of access into the fabric of what and who really composes life here in Israel. “Our professional team of tour organizers will accompany the group every step of the way creating a first class experience that will open each participant’s eyes to the wonders of Israel, making them want to come back and visit again,” says Darshan-Leitner.

Howard Feldman of Del Mar California, who has attended several of the prior Ultimate Mission trips, states: “Before my first mission, I checked references. One of them happened to be a friend who had traveled to Israel 25 times. She told me it was the best trip she ever attended, and she was repeating it again. The trip promises many interesting experiences, and delivers in spades. I would recommend this to anyone, especially someone who has visited Israel before. Outstanding program – I guarantee you won’t be disappointed!”

The Ultimate Mission participants are expected to leave this experience with a newfound understanding of the complex environment both from which this country was born and is still struggling within. With 5 star accommodations, luxury transportation, a personal cell phone and the highest level of Kosher culinary delights accompanying participants along the way, one should not miss out on the chance of a lifetime to explore Israel as one never could before.

As Darshan-Leitner explains: “The crisis over Syrian chemical weapons, the chaos in Egypt, the escalating Hezbullah missile threat and the Iranian nuclear program have created a new reality for Israel’s military and security services that the May 2014 Ultimate Mission will explore in depth. The briefings by the intelligence and IDF officials amazed our earlier groups as they clearly exhibited the extreme challenges Israel is facing in the on-going war against the terrorists. No other tour has ever presented the hard-core realities of Israel’s struggle for survival like the Ultimate Mission.”

Those seeking further information about the Ultimate Mission and the costs involved are requested to email: mission@israellawcenter.org or call: 212-591-0073 or 646-661-2811.

South African U. Suspends Students Who Broke up Concert by Israeli

Tuesday, January 21st, 2014

The University of Witwatersrand in Johannesburg has given a suspended sentence of a one-year ouster to 11 students charged with disrupting a concert last march by Israeli-born pianist Yosef Reshef on the university campus.

The students and other Muslims and BDS extremists broke into the auditorium and forced the cancellation of a performance the world-renowned Reshef before a full house.

Ten students were found guilty of misconduct for disrupting or inciting others to disrupt the piano recital. The order to exclude them from the university was suspended on condition that the students are not found guilty of any other form of misconduct for a period of two years.

They also will not be allowed to hold any office in any student governance structure for a period of one year and will each have to perform 80 hours of community service. One student  was found guilty of not obeying a lawful instruction issued by a University employee, and will be required to perform an additional 50 hours of community service for this offence.

Nitsana Darshan-Leitner of the Israel Law Center (Shurat HaDin) commented, “This is a small but important victory over the BDS extremist in South Africa. Hopefully, it will deter future violent protests that attempt to bar Jewish artists from performing there.”

Printed from: http://www.jewishpress.com/news/breaking-news/south-african-u-suspends-students-who-broke-up-concert-by-israeli/2014/01/21/

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