The lawsuit will backfire by giving BDS movement a judicial platform to introduce into evidence Israel's wrongdoings under international law - Comment - Israel News | Haaretz Daily Newspaper
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    • Section 51(xxix) of the Constitution of Australia
    • 02.11.13 | 21:56 (IST)

    There is a small chance the plaintiffs will win. But there is a much much greater chance the defendants will win, because, unfortunately, for the right or wrong reasons, Israel is breaching international law, and boycotts and divestments are a staple of the mechanisms by which nations, corporations and individuals lawfully exert pressure on governments to change policy. Hamilton is a fool if he fails to see this. The lawsuit is a platform by which Israel-bashing arguments will be formally legitimised by the judicial branch of government. Then, a successful verdict will delegitimatise Israel because a court case will exist with a verdict saying BDS is lawful, with among other things, the evidence the court accepted as factual relating to the breaches under international law by Israel. Then there is the problems this lawsuit presents the executive branch of the Australian government itself, in regards to its powers relating to "external affairs". Because of this, the government of Australia might intervene under Section 51(xxix) of the Constitution of Australia, to prevent this litigation from even happening, because any verdict (in favour of whoever you are siding with) has the potential to conflict with the executive branch, as the sole holder of power in relation to matters relating to external affairs. For example, sanctions, divestment and boycott of Iran, will be deemed illegal if the verdict is in favour of Hamilton in his case for Israel. That would then interfere with Australia's own policy vis a vis Iran. This is a can of worms for everyone, and I don't think Hamilton has thought this through. The lawsuit is very bad for Israel, Jews, and Australian Jews, and that's if Hamilton wins. It will be an unlikely win for Hamilton, and if he wins, it will be a very small victory, as much greater detriments will follow (eg consequences relating to Iran, and the inability of us to boycott Palestinians). And it's bad for Australia whether Hamilton wins or looses. This lawsuit needs to be stopped!

    from the article: Landmark case puts 'anti-Semitic' BDS on trial in Australia
    First published 16:34 02.11.13 | Last updated 16:34 02.11.13
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