Thursday, December 24, 2009
Here's a little of the promised push-back against European 'universal jurisdiction' lawfare: Pro-Israeli lobby sues Hamas in Belgium
The European Initiative, a new European pro-Israeli lobby, has filed a lawsuit in Belgium against Hamas leaders from Gaza and Damascus, demanding that they be brought to justice for war crimes.
The lawsuit is intended as a response to Palestinian legal warfare against Israel and the various lawsuits filed against Israelis in international courts. It was filed on behalf of 15 Israeli citizens who live in the Gaza periphery and who hold Belgian citizenship.
Among the Hamas leaders targeted by the lawsuit are Damascus-based leader Khaled Mashaal, Prime Minister in Gaza Ismail Haniyeh, former foreign minister Mahmoud Zahar and Ahmed Jabri, who heads the group's military wing.
"The request for arrest warrants was submitted after six months of legal preparation and is based on strict evidence which ties Hamas leaders to terror attacks in which Belgium citizens ware harmed," the Israelis' attorney, Roel Coveliers, said.
"The Goldstone Report says, among other things, that the rocket attacks by Hamas constitute a violation of international humanitarian law, so as a member of the United Nations, I don't believe Belgium will ignore the complaint," Coveliers said...
The use of the Goldstone Report is a little problematic since it lends the report legitimacy, but overall this should be interesting to watch. This is similar to civil suits filed in the US, but apparently based on a different legal principle.
[h/t: Seva]
It's an exercise in futility, since neither
Khaled Mashaal, nor Ismail Haniyeh, nor Mahmoud Zahar nor Ahmed Jabri ever invited, or travel abroad. So how can they be threatened in the same way Livni is threatened? It's the height of irony that a legitimate, democratic, and internationally acknowledged leader can be easily targeted by these bogus law suits while the real war criminals remain safely ensconced in their totalitarian homelands. It's not Mashaal that should be sued. It is Bashar Assad who provides him with shelter and income that needs to be taken up by the international law.