Palestinians will sue Israel in U.S. if 'intifada law' repassed
Law would bar suits in Israeli courts over damages incurred by Palestinians in non-warfare incidents.
By Haaretz StaffPalestinian residents intend to sue the State of Israel for damages in U.S. courts and in other countries if the Knesset repasses a law barring suits in Israeli courts over damages incurred in non-warfare incidents.
Palestinians with grounds for suits against the Israeli army over bodily harm and property damage sustained during the armed conflict since September 2000 have already contacted American law firms through Adalah-Legal Center for Arab Minority Rights in Israel. U.S. law permits suits against countries responsible for "humanitarian damages" in situations where the victims have no legal recourse in the offending country.
According to Adalah's director, attorney Hassan Jabareen, the possibility of filing suits overseas has come up again in view of the initiative by Justice Minister Daniel Friedmann to legislate anew the so-called "intifada law," which was tossed out by the High Court of Justice half a year ago.
Until now, Israelis were the ones to take advantage of the U.S. law permitting damages suits against state entities where these suits are not allowed. Such proceedings are ongoing against Arab Bank, which operates in the West Bank and Gaza Strip, and which the plaintiffs claim bankroll terrorists who cause mass carnage among Israelis.
Adalah last year approached several prominent New York law firms about the possibility of Palestinian suits in the U.S. and elsewhere, in case the High Court throws out the petition to abolish the law.
"It seems the justice minister does not grasp the judicial possibilities at hand," Jabareen said. "If the law is repassed, we will initiate individual claims overseas."
He added that Friedmann's legislative effort severely violates the rights of Palestinians. "It conveys a grave message that the lives and property of the Palestinians are up for grabs, and that nobody will pay the price even if he harms the lives of Palestinians, something that is contrary to international humanitarian justice and to Israeli law," he said.
Meanwhile, the Association for Civil Rights in Israel has sent Friedmann a protest letter.
"Amending a Basic Law to enable repassage of a law that was abolished by the High Court for violating human rights is a dangerous and unprecedented step," ACRI's legal adviser, Dan Yakir, wrote to the minister.
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reads like propoganda to gain national support for a beleagured government. Paul's pointed out the common sense argument of sovereign immunity ... is that different than SOVEREIGN IMMUNITY!!!!?
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Paul, are you effectively saying that Pals civilians have effectively no recourse to justice? Either within or outside of Israel?
I don't know how it works down under, but under our system, judges deal with questions of law and juries deal with questions of fact. Whether or not a dead 10 or 12 year old supported terror is a question of fact left to a jury. Whether relatives in the US or PA territories have standing to get to court is a question of law.
No matter what U.S. law says, the U.S. simply does not have jurisdiction over this matter!
I don't get the controversy. We are talking about Non-war damage. I say let them sue. I disagree with one of the other posters. Eminent Domain means that Israel CAN choose to appropriate private property for particular purposes e.g., the security fence. That is quite legal. And they should pay fair market value. If they mess up, they should be willing to go to court. On the other hand, if my neighbor shoots at you, you shoot back and accidentally hit my house, you are not necessarily legal liable.
Pals, who've succeeded in fleeing from Iraq and settled down in wilderness of their Arab neighbours like Syria and who do NOT want to help them neither(!) have told to the Western documentarists about their ordeals in Iraq and that they, as they were looking for their family-members there, were told to go and dig in yank-yards, where they've found their badly mutilated bodies. And this is happening TODAY! Please, read also William's letter, very enlightning. PS.: These Pals have even from desert of their neighbours been chased away, NObody wants them, NObody is helping them! Wonder WHY that is Bernie?
Lawprof: "a foreign state shall be immune from the jurisdiction of the courts of the United States .. except as provided in sections 1605 to 1607 [none of which is relevant to the situation here] " How does that square with the loss of immunity under 1605(a)(3): "in which rights in property taken in violation of international law are in issue and"....."or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States" If the IDF seizes Pal land in violation of Int'l Law then this is actionable, is it not, if the plaintiff can prove the Israeli military engages in any commercial activity in the USA - which I imagine it does. A win would mean the IDF can't get away with seizing or destroying property in the WB.
If it found that the IDF Commander was violating the law and awards damages to the plaintif, this means the IDF Commander can never travel to the USA, nor can he hold any assets in the USA without them being seized. Might also make a very, ahem, difficult political problem for the US Government, what with all the military stuff that they supply which ultimately goes to the IDF Commander in the West Bank. Once again you show your tunnel vision, Paul. Such a finding would be very, very damaging to Israel, if only in PR terms and that, my friend, would be very damaging indeed.
EVEN IN THE UNLIKELY EVENT THAT APLAINTIFF CAN PROVE THAT THE COMMANDER ACTED MALICIOUSLY AND WITHOUT DUE CAUSE . THE DAMAGES WOULD BE AWARDED AGAINST HIM . THE ONLY WAY TO COLLECT THE DAMAGES WOULD BE IN ISRAEL AND THEN THE CASE WOULD BE RETRIED ! EACH PALINTIFF WOULD HAVE TO PROVE UNDER X EXAMINATION HE /SHE WAS NOT A TERRORIST VERY DIFFICULT CONSIDERING SUICIDE BOMBING !! AS USUA J YOU ARE WRONG !!
The article clearly states that the suits would be brought by Pal civilians for damages caused by NON-MILITARY actions on the part of the IDF. They will not bring suits for damages caused by "collateral damage" resulting from IDF responses to militant activity - which is what you are (incorrectly) suggesting they are planning to do. Read the article again, Nechama, coz as far as I can tell every important fact in your rebuttal is wrong.
Pals in US are doing this, how they have come here? You know. This means US is calling terrorist to come and live in US? Do not worry, their numbers are growing by taking US child welfare, other incentives and soft US legal system to sue right here in your land. Cinematic trials have just started.
As long as the arabs allow terrorists to hide amongst them - and the terrorists use civilians as human shields - the arabs have sealed their own fate. DON'T TRY TO BLAME ISRAEL FOR YOUR OWN ACTIONS
Tortures, killings, genocide, in Iraq? Well if this was 2002, then it would have all been Saddam's doing. I think we need to capture Bush, try him for being an evil dictator, and hold him responsible for Iraq, just like we did Saddam.
signed by the Prophet himself.
You quote the US Foreign Sovereign Immunities Act of 1976, s. 1604: "..a foreign state shall be immune from the jurisdiction of the courts of the United States" Dare I point out to you that any "crime" will have taken place in the occupied territories, where the occupying power is the IDF, not the State of Israel. Under International Law authority resides with the IDF Commander, not the Israeli civil government, and the suit can be lodged against THAT authority, not the foreign state. The claim that this Israeli domestic law has neutered the Pals right to plead in the USA doesn't cut it, because the IHCJ has already ruled many times that Israeli civilian law does not apply in the OT. The law in effect there is based on military directives issued by, you quessed it, the IDF Commander. Bringing suit against the IDF Commander will render moot your point, because HIS legal authority does not derive from any "foreign state", but from the Hague Regulations 1907 and customary law.
Assume for a moment that crack addicts commit violent crimes against innocent victims and then run home where they are persued by the police. The crack addicts start a violent shootout with the cops, and in the crossfire the addicts mother and brother are killed. Then what? Blame the cops? I don't think so.
The US justice system wouldn't be so stupid as to allow people who support their own terrorists attacking Israel take legal actions in American courts. These people need to sue their own kind in Gaza for bringing about defensive strikes by Israel WHILE USING THEIR OWN CIVILIANS AS SHIELDS. This sounds like more and more of the pathetic Palestinian blame game, not taking any responsibility for their own actions, and not being accountable for the mess that they are in.
I would urge those in a panic about terrorists or Hamas filing suits to read the first two paragraphs of the story again, slowly and carefully. Then if you still upset, follow the advice of the Legal Expert in post 16. Then send an email to Alan Dershowitz at Harvard. The law is pretty straight forward. If you don't like American jurisprudence, keep your own courts open.
What teh Iraqis are doing to Pals is understandable and acceptable. For many years, Pals have been given special treatment, special payments, prime housing...all while average Iraqis were oppressed and denied. Pals cheered for Saddam while average Iraqis feared him. Is it any wonder why Iraqis would behave this way to their perceived "oppressors" once their protector was removed? This same sentiment is spread across the Gulf States. While I don't condone the Iraqi actions, or state that these Pals were involved in any subversive activity, I am pointing out the double-standard Arabs give to allowing Pals to kill civilians and yet claim immunity for themselves. Also, if Pal refugees return to Israel, you will see this same reaction from Israeli-Arabs when the socio-economic stress begins to grow.
We allow lawsuits against Iran, Cuba, and others, so why not Israel? Since the US has decided to extend the jurisdiction of its courts to the entire world, including Israel makes perfect sense. As an attorney, I would love to handle one of these lawsuits. The federal persecution of Sami al Arian would provide a great roadmap.
Your claims are erroneous. A constitution has many purposes, from setting the climate for the country's society to limit powers to goal setting. Israel may not have a constitution, but it does have a mature governance system that balances powers, and its called the Judicial System which operates independently from the governing powers. Compare this to other countries that HAVE a constitution, but not clear line between the government and the courts and are clearly manipulated by the political/religious parties.
"Resorting to US courts was an art perfected by Israeli citizens, so can you honestly be surprised that the Pals do likewise?" Actually, Pals were sued by US citizens of Israel, not average Israelis. And the US law stipulates that it is due to actions caused by terror groups to Americans...like your Hamas, Fatah, Arafat, etc. You had your chance to claim the WB and Gaza in 1967 - and re-buffed it in lieu of terror. Infact, leading up to the 1967 war, the Arabs were planning a major war and the rest of the world hardly cared about Israel's demise...so why should Israel care today of the world's opinion? Care back then, and Israel would have been no more. One opinion shared by the world is the Pals are over-paid babies who attack then cry at losing. Notice your bank account - no more funding! When asked about the Jews of Israel, PLO Chairman Ahmad Shuqayri replied, ?Those who survive will remain in Palestine. I estimate that none of them will survive."
The article, as well as the US law, pertains to civilians and victims who sustained losses due to armed conflict. Yet, so many talkbackers claims ALL of these are really terrorists since they are Pals. and therefore, have no standing as a civilian nor victim. Obviously, their blind racist hatred has resulted in a high rate of illeteracy...
Not because they don't deserve one, but because it can easily be proved that their hand was often moved by a external violent forces. It will be tough for a Pal to claim damages from the IDF when a terrorist takes over their building in order to shoot at IDF soldiers. Will Pals be able to sue for wrongful death? Perhaps. But since groups like Hamas and Al-Aqsa which are directly part of the Pal govt have said they are "at war with Israel" - there will be little a civil court can do. Plus, Pals will have to remove much doubt that it was IDF's fault. In many cases, groups like Hamas were implicated in civil deaths blamed on Israel, and impeded investigations. No Western country will touch this for fear of setting a precedent that will gives civilians to right to sue governments, while terror groups run free in the streets and blatantly disregard human rights...with no response from the civilians themselves. When a Pal bars a terrorist from entering, then he might have a case.
You fail to realize that many Pals have approached and been represented fairly in Israeli courts, with many receiving a positive verdict. Try that with a Jew in any Arab country - he'd get flogged just for showing up and "humiliating the State". " If Jews feel the same, then they can do that and they can bring all the deeds they have signed by G-d to the courts." Fine. Jews can do better than that - they bring the actual deeds for millions of dunams of land pruchased from rightful owners, including ancient deeds for Hebron, Jerusalem, Tzfat, and Shehem property. I invite the Pals to do the same...but I warn you...a rusty key does not create ownership, especially since most British/Ottoman documents prove a Landlord/Serf relationship between land owners and most native Arabs.
Oh, boy!! The next round of new taxes for us in USA will be backbreaking! First, we'll need to send tens of billions to our friends in Israel for the Pals. civil suits, then tens of billions more for the Lebanese civil suits - all caused from wanton destruction by the IDF. Seems fair - after all, we're paying for these slimy toad turds to continue terrorizing civilians throughout the region....
"If you are taking a people`s land like the US with the native Americans, be prepared for much trouble and be prepared for reparations along with the resevations you create." Wouldn't that also justify the security measures by Israel and the eventual loss of land by the Arab aggressors? While Israel was in peace meetings for 3 weeks in 1967, Arab govts and Pals planned a war. Doesn't your logic proclude that the land Israel won IS a rightful action and they are not required to return it except at their own desires? How about present day bombings of Israeli civilians and the cynical use of refugee camps for bomb labs, for children to transport in school bags? Makes it tough when you have to look at another side, doesn't it?
Pals had best not open that can, as they've much, much more to account and pay for than any self-defending Israeli.
is beyond pale. Tortures, sadistic killings, sheer genocide taking place as I write this. Why are they doing this to Pals? They simply want to get rid of the Pals, their Moslem brothers! Will you sue the Iraqis too, when the war there is over or just look through fingers your Moslem brothers' evil?
"That is why countries have constitutions: to limit the power of government - and courts, to challenge the actions of governments (and anyone else who thinks they are above the law, of course)." Most countries have constitutions, for some reasons Israel have not...
WHAT IS A ZIONIST PEPE ??
WoW! You brought a new angle to the picture: The Evangelical Xians! I know that they are fanatic, but belligerent?! So are you saying that America wants to feed Israel to Iran? Are you also saying that the Pals and these Xians are the "real" Israel! IF you guys have asked G-D's opinion about this and He agrees, then I have nothing to say. So be it! Interestingly you are "hinting" that G-D Himself wants to get rid of us. Well, Bernie, considering the present state of affairs, I can't blame Him for burning His fuse with us. Btw: the Pals are Jordanians; the Israeli IDs, Israel offered to them, they burnt and received Jordanian nationality instead. You must change the name Israel for something else then, for the name means translated "the Family of G-D", for acc. to the Torah this is the name G-D Himself (when He still loved us!) chose to Jacob, Isak's son, obliged by the Covenant, which will no longer be valid then as you've pointed out. Got to dash off now to finish my spaceshuttle.
I doubt if these law suits will be "thrown out". Each case will be considered on its own merits, and the facts will determine the outcome. Regardless of the outcome, these court cases will highlight the Palestinian side of this conflict. Their money will not be wasted.
If you are taking a people's land like the US with the native Americans, be prepared for much trouble and be prepared for reparations along with the resevations you create.
This might be the easiest way ever to get terrorists in to court.
Did the Queen give David Beckham a knighthood yet?
That's the worst thing could ever happen to a Zionist: to loose money $$$$$$$$$$$$$$$$$!!!!!!!!
How could an authority, and one that is involved in terror could sue a State in USA courts?! that means courting with disaster for the complainant. Israel is its legitimate rights to enact laws that concerns its own safety and protection, as long as it does not initiate the injuries or the killing of those that are looking to hurt it. USA courts will finally have the opportunity to have within its reaches the dissemanation of terrorists. The whole premise of such eventual suggestion raised by Haaretz is a non-starter. It shows that povokation to object to the actual legitimity of the State of Israel is been debated not only by Avraham Burg, but also by some editors of Haaretz.
I am for Jews and Palestinians squaring off in US Federal Courts or in any courts outside of Israel. In the end this is exactly what will happen. No Palestinians isd authorising Abbas or Saeg or the PLO or Fatah or Hamas to waive their rights to their land and property away even if there is a peace agreement. Each individual will have the right to sue for damages and recover whatever rights they have. If Jews feel the same, then they can do that and they can bring all the deeds they have signed by G-d to the courts.
For 60 years, arab governments have tried to destroy Israel. Israel has tried to give away its own land for peace. That has failed. Therefore, as long as arab governments want to destroy Israel, peace with them is not possible.
It is good to see that the Palestinians are resorting to suing Israel in court for the crimes that Israel has committed over the last 40 years instead of resorting to violence. By taking Israel to court in The Hague or elsewhere, the Israeli cannot be protected by a US veto as it is in the UN. And, as we learned from the precedents set by the holocaust survivors, you sue for damages from decades ago and there is no statute of limitations on war crimes. The trials should be held outside both the US and Israel in the international courts where there is less bias and a better representation of all the countries of the world. Given that there are 4-5 million victims of the Israeli occupation of Palestine, once the trials begin they could go on indefinitely, especially when Israel's occupation and commission of crimes is ongoing.
The Friedmann initiative is motivated by Friedmann`s general opposition to the Supreme Court`s power to overturn Knesset laws and other powers he considers excessive. Overturning laws is very rare in Israel, and here Friedmann has found a case he could push. After all, why pay damages to Palestinian non-combatants, damaged by the IDF in NON-COMBAT operations? This might pass the Knesset with all its rightwingers, but will be a shameful law which, as the article shows, might force Israel to pay a lot more ultimately. Friedmann has a tunnel vision: He aims at the Supreme Court, but the side effect will be damage to Israel on the financial front, as well as the moral front. (And I am not even discussing the 4th Geneva Convention.)
In Lebanon. They wait patiently for Armageddon. They wait until America continues to support the 'fake Jews', the WarZionists, patiently. It was written in the scriptures, it is not for Lebanon to question the bible. The christian Zionists are waiting in the wings too, waiting for the war when 2,000,000 die (Israel will use their nukes, you know that, that's why the Christian Zionists gave them to them). And out of the blood and rubble of Jerusalem the 'real Jews' will return. The Palestinian refugees will come home. The Christian Zionists will head their too. And the REAL ISRAEL will be formed. Be careful of trusting America too much Alicia, they want you to fight Iran, so they can take your place. I couldn't care less. You read all the Jewish scripture, and you quote the Koran, yet don't realize that the ones that will destroy you are the followers of Christian Scripture, the American Evangelical Christian zionists.
But I despise the Jewish State. And if they don't make peace, I hope that the rapture happens. All the fake Jews (the WarZionists) will die, Jesus will rise from the rubble and all the real Jews(practicers of Judaism, Islam, and Christianity) will take their place. So continue Israel, refuse peace, push for war, all the American Evangelical Christians are 'supporting you', because Armageddon must happen, and the Rapture must come. It may sound evil, but the book predicted it, sorry Zionists, it is fate. If you don't fight and die, then the bible is a lie. How you like America's support now?
The people who are fighting occupation is how you started your post. Pizza parlors where the occupying soldier eat and hide behind civilians. Buses where the occupying soldiers ride with civilians. And cafes where the occupying soldier drink coffee with innocent people. Those are all valid targets, or did you forget last summer in Lebanon. 2 soldiers is a very small reason to attack civilians, claiming militants are hiding behind them, compared to the occupation, and the israeli militants hiding behind jewish civilians. Until israel makes peace, israel is a battlefield, just like lebanon was, just like gaza is, just like lebanon will be, just like israel should be.
Let's once and for all sue the Palestinians for their starting the first and second Intifadas, constant attacks on Israel, their sending of missiles into populated civilian areas, their murder of Israelis and forcing the Army to make a large presence in/around Gaza/Judea/Samaria.
For having closed into refugee camps over 400.000 Pals and held them their as if in captivity for the past 60 years without any right to the Lebanese social services? The camps are depriving the Pals their basic right: that of freedom ..... and acc. to the Am Constitution: "the pursuit for happiness", which translated means that they should have access to the Leb-labour-market!
US Foreign Sovereign Immunities Act of 1976, s. 1604: "..a foreign state shall be immune from the jurisdiction of the courts of the United States .. exccept as provided in sections 1605 to 1607" [none of which is relevant to the situation here] This position overwhelmingly reflects general customary international law as well. Mr. Clickfool (#22) is confusing sovereign (or state) immunity with diplomatic immunity -- a separate and distinct heading of immunity.
The intifada reflects a right stipulated in the Geneva Conventions: "people under occupation have the right to defend themselves against the occupiers" and the mode of defense does include arms not only stones,spit and insults, which remains so far the most deliberate and frequently affirmed use of force against Israel-Soldiers and civilians alike...as you say. In this case you also confuse "use of force" for "defense"!
"non-warfare incidents" = Is done by the only democracy in the Middle East. Do you know what democracy and Human rights mean? I guess that you know. Comon, in the end you are the chosen ones, ...chosen to comit war crimes, ... and "non-warfare incidents"
Sorry, Rufus, I think you have misunderstood. I'm not aware of anyone who doesn't "recognize the existence of the State of Israel". The roadblocks in the West Bank just sprang up naturally, and there is no government in Tel Aviv? Any Palestinian I know recognises that Israel exists. Whether they think it should exist is another matter, but I'm not aware that you have to approve of an organisation to sue it. As for the capital letters, don't worry. Anyone who uses only capitals is making his posts difficult to read, and deserves to be skipped. Most sensible people here do that.
SINCE MOST OF THE TIME I HAVE TO CORRECT THE IGNORANT IN THEIR UNREALITY !!
IN ACLAIM .SOME OF THE PROCEEDINGS WILL PROBABLY HAVE TO BE HEARD IN ISRAELI LAW ? THAT IS THE PROBLEM THEN YOU HAVE TO PROVE THAT NAME IS THE PARTY TO SUE !! THE IDF HAS SOVEREIGN IMMUNITY SO YOU WILL HAVE TO CLAIM THAT THE INDIVIDUAL DEFENDANT OR DEFENDANTS ACTED WITHOUT ORDERS AND MALICIOUSLY! IF YOU SUCCEED AND THE ASSETS ARE IN ISRAEL YOU WILL NOT BE ABLE TO ENFORCE JUDGEMENT WITHOUT ANOTHER HEARING !! GOOD LUCK TO ANY WOULD BE PLAINTIFFS !!
I just wondered how it is possible for a bunch of people who do not recognize the existence of the State of Israel can then go on and sue said non-existent state? All sounds rather muddled up & suspect the US courts will be equally mystified. Then there was Clicktwat's analogy to the OJ Simpson case..... now I've heard it all! Surely being a shaheed is more important than 'megabucks' to the pals? I don't believe ME residents are ready to take the advise of Mr. Wolman. BTW: Paul Harris is often correct in his posts, but why the use of CAPITAL LETTERS all the time? Has his PC got a virus or something?
The issue here is not who is what, but that the Israeli High Court of Justice has already ruled on the matter. If the Knesset re-passes this law, then it will be patently obvious (if it is not already) that Israel is not in the least concerned with law or justice. If they were, they would have a Constitution that defines the responsibilities of each arm of their government. But, they have apparently decided that a Constitution is too messy and restrictive for what they have in mind, which is in direct opposition to their own "laws".
You don't need to be a lawyer, just a realist. Once a law is passed, the opportunity is there for everyone. If I recall correctly, the law was originally proposed to allow US citizens who were damaged to sue for compensation. Laws of this sort have to be worded to have neutral application to pass Constitutional standards. The law has been used by Israelis and American Jews and American relatives of those hurt by violence in the Mideast. One of the triggers is the plaintiff's ability to have redress in the local courts where the injury occurred. This is denied to people injured by PA affilated entities. Hence, suits against the PA have been successful. If Israel denies access to its courts to similarly injured people and allows no redress, then Israel has chosen to trigger the law for suits against itself.
Why don't the terrorists sue in Arab courts run by Hamas and Fatah? Could it be that Hamas and Fatah are too busy killing their own children to take the time to establish a justice system? The Jews should do a mass tort action against all the Arab countries for their expulsion and murder and theft.
It would be great if everyone could sue everyone else in the ME.There would be no war and we could solve this conflict.The problems are that the Palestinians have nothing (Can Mrs Arafats money be part of the pie?) Now how much money has Black September got for the Killing of the athletes at the olympics Games in Munich comes to mind???????
are not above the law in the USA. Despite the selectively humanitarian left,Big Oil,CAIR and Arab billions invested in the US economy and the media.
What is the Palestinian law on collective punishment of Israelis by Qassems and homicide bombers?
You sound like a typical American liberal! Have you ever lived overseas, lived under military or dictator rule? If not, before condeming others, hear both sides of the issues. Yes, I can say yes to all my questions poised to you which is why I am offering this advice. UNSOLICITED.
As GODS chosen people he will ensure that Israel gets the right result in a court of law. In fact if what Jews say is correct they won't even have to turn up. The case will just get thrown out.
I am not a lawyer, thank G-D but, I do have an opinion about your comments. Yea, I can see why lawyers find ways to manipulate our legal system. Lawyers best phrase is "don't confuse us wih facts"!!!! Facts, innocent civilans. Children, pre-kider, are being taught to hate, and kill all jews so what are their parents doing? They voted in leaders who openly advocate eliminating jews and who have been duped in thinking by killing a jew will get them imortality. Lawyers have sucked the blood from Americans and are now going International
LOOK UP SOVEREIGN IMMUNITY ! GOOGLE WILL HELP YOU
If you are,realy, an Amercan citizen then your comments and insluts are those of our radical liberals that our country is getting tired of.
It is so simple logic.
the people who are fighting against Israeli occupation by blowing up buses, cafes, pizza parlors, ...qussaming Sderot's schools with innocent toys....etc....
The article is about innocent civilians who are terrorized by IDF and Shin Bett and so forth. That you call all Pals terrorists makes you the equivalent of anti-Semites who call all Jews moneygrabbers and conspiratists. Your fear of this developement is obvious from your post: in the US they do not put handcuffs on innocent people who sue purpetrators in court just because theu are Arab. Maybe you should go live in Israel if you like countries who do that.
Sg, don't try to find logic where is no logic.
So not all Palestinians are "terrorists" now, Clickfool. But they had elected terrorists.
They really should try France or Norway because any lawsuit brought by terrorists will be thrown out of court in the US. Instead why don't they get rid of Hamas?
Good Bye Saddam Hussein & Good Bye Ahmadinjad & Good Buy Liberals Good Buy Jim & Good Bye Yassin & Good Buy Rantissi & .....
4 letter word. I am an antiwar conservative, so I really don't know who to support, Romney, Giuliani, they said they would nuke Iran so Iran doesn't get nukes, so forget them. McCain, too old. Clinton, Edwards, I still remember how excited they were about attacking Iraq, so they can hang with Romney and Giuliani. Dennis Kucinich, Ron Paul, they will never rais the money they need. Colin Powell, Condi Rice, Obama Barak, Al Gore ... any of them are fine with me. How about you Jim, who you gonna try and elect?
Who said anything about farmers dancing with joy after 9/11? If a farmer`s land used by terrorists as a military position must be bulldozed otherwise innocent Jews will be killed. Does that make Jews terrorists?
THE PLAINTIFFS WILL HAVE GET PAST SOVEREIGN IMMUNITY TO COMMENCE ANY ACTION!! VERY VERY UNLIKELY
sheep
You're right about US courts, Bill, and the amazing gullibility of star-struck jurors in the OJ trial, but didn't the family of his victim subsequently sue the ass off Simpson in a civil trial and win megabucks which have effectively bankrupted him?
If the Palestinians affected by Israeli crimes prove their case in court I see no reason why the Israeli State's assets, not within the protected area of its embassy, should not be seized by bailiffs Israel trying to say "you can't sue us" doesn't make a blind bit of difference to a US court.
The last time I looked at the statue of lady justice she was blind folded not withstanding what attorney general Gonzoles and the Bush administration try to do. The US justice system with all of its faults and shortcomings, remain the best in the world. There are many legal grounds for filing civil and criminal charges against the IDF and settlers organizations in the US even the US government is not immune from charges arising out of actions by Israel and its instruments. Yes, even Jews are not above the law, at least in the US.
Dear sg, A good post, Jonathan Swift would be proud of you. Here are a couple of other angles to flesh out the story line. In a stunning reversal of technological evolution, stone throwers threaten world peace, Merkava main battle tanks are made of chocolate, and Israeli cluster bombs contain candy. Regards.
I'm even more confused - a nation that claims to be a democracy can occupy and subjugate another people for some 40-odd years and then wonder why a) they are hated by those who are occupied and b) they are consistently criticized by a majority of the world? Wake up call - its not anti-antisemitism. Start to behave like a democracy and you'll get treated like one. Continue to allow your fundamentalist rightwing and IDF to act like a group of mini-Mugabe's and you'll get treated like the outcasts...why doesn't Israel join its regional neighbors in the Arab League. Then you can all celebrate your democratic traditions together! Resorting to US courts was an art perfected by Israeli citizens, so can you honestly be surprised that the Pals do likewise?
Go to hell. Signed, Logic.
SG: "What am I missing here?" That the people who plan to sue AREN'T the people who are fighting against Israeli occupation. They are the civilians who are under the authority of an occupation force known as the "IDF", and that makes them "protected persons" under International Humanitarian Law. The IDF can not intentionally or carelessly harm them, nor can it ignore their safety or security. That is the OBLIGATION that comes with OCCUPATION. If they get hurt because the IDF was careless, or uncaring, or just plain brutal thugs, then those civilians have a case to plead, and if they can't get a hearing inside Israel then it is right and proper that they take their case elsewhere. You are suggesting that because Hamas and IJ and other militant organizations are fighting the Israelis then ALL Palestinians loose their protection under Intl Humanitarian and Human Rights Law, and that is simply wrong. That is "Collective Punishment", and it is very, very illegal.
Anything is possible in a court of law.
VERY DIFFICULT TO GET PAST THAT DEFENCE EXCEPT IN COMMERCIAL ACTIONS
I don't understand how a group of people can start a war, then sue over the damages - collateral or otherwise. What am I missing here? Egregious violence - wanton crime - is one thing - and the victims would of course be proected by law. But this "intifada" reflects the deliberate and frequently affirmed use of force against Israel - soldiers and civilians alike. That is bound to have consequences. How can people who deliberately choose violent means sue for damages if they're harmed by the response? I understand that innocents are harmed - that's true in any war. But the underlying cause of the harm isn't deliberate crime against innocents, it's the result of the war.
THE HURDLES OF STRICT PROOF AND RELIABLE WITNESSES HAS TO BE OVERCOME !! THE OTHER PROBLEM IF YOU TRY AND ENFORCE THE JUDGEMENT IN ISRAEL THE CASE CAN BE DEFENDED A SECOND TIME !!
Oh, how scary - they will sue outside of Israel if the law passes. Real big deal - the various leftist organizations have already been doing this for years.
"Our courts will throw out these lawsuits by terrorists" So all Palestinians are "terrorists" now, Mordechai? Those innocents people whose houses have been destroyed by the IDF or whose relatives have been slaughtered have no recourse to justice because they are Arabs and not Jews?
It seems that Friedman is ignorant of the important US law, The Alien Tort Claims Act. This law gives Pals the opportunity to file such tort suits.
Jar: "If they do, that is an easy fix declare WAR on them!" Triggers all the humanitarian laws, Jar, which is most definitely not what Israel wants. It needs to be an "armed conflict short of war" because otherwise Israel runs into all sorts of problems justifying its policies to its own Israel High Court of Justice, let alone exposing it to the risk of International sanctions.
Ah but that's the beauty of America. When the liberals (the screaming minority) get in and the Silent Majority get their belly-full of the liberal cr**p then they'll be put back in their cages...so watch out I got your name on a cage. Then we Americans can get back to the real business at hand...getting our liberty & freedom back Something we lost when Bush started to create his FASCIST Homeland Security when in his misguided actions he decided he'd make our nation safe from the rag-head enemy. Good Bye Bush & Good Buy Liberals...can't wait to see you all go!
declare WAR on them! Israel's leaders should be ashamed of themselves that they haven't already done so.
Who said anything about terrorists? If a farmer's olive trees are bulldozed and he is thus deprived of his means of making a living, does that make him a terrorist? If he is thrown out of his home, is he automatically and by definition a terroist? I don't think so. Government is and has always been the people's worst enemy simply because it has power. That is why countries have constitutions: to limit the power of government - and courts, to challenge the actions of governments (and anyone else who thinks they are above the law, of course). Regards
..."barring suits in Israeli courts over damages incurred in non-warfare incidents"... violates the most basic principle of democracy. If Israel does this, she deserves every lawsuit brought against her in foreign courts. Of course if a law is struck down by the high court, the next thing is to amend it, remove whatever it was that makes it unacceptable. This is neither dangerous nor unprecedented. However, I think it is more common for such a law to die a quick death. Up and at' 'em Friedman You got problems!
Since the U.S. gov't is run by the jew and the Judge is probably one, its best not to waste their time here. The trials should be held in Europe, they have justice there.
Liberals and those concerned with human rights are taking back America. Guantanamo will disappear. And people that discriminate and spew hate, like yourself, will get the right to defend yourself in court, not be put in handcuffs when you arrive.
The Law of Natural Justice Must find the IDF innocent of these charges.The responsibility for any damage is solely of the Arab terrorists who committed the criminal acts which brought about the IDF response. The IDF response in these circumstances, has been found to be lawful by the legal authorities of mmany countries, including the united state.
Just as Israelis and Americans with Israeli links can sue in the US courts, so can Palestinians and Americans without Israeli links. The trick is getting legal standing which is an objective criteria. It is not subject to the whims of the current occupant of the White House. If you read closely, there are not collateral damage suits or suits by terrorists. Rather they are claims for damages by noncombatants. I suspect there will also be forum shopping as in all tort claims. Mississippi and Louisiana are very plaintiff-friendly jurisdictions along with California. It is an error to presume that the political immunity Israel enjoys would extend to the US courts and the tort system. If you have dificulty believing, email Alan Dershowitz.
#1- The suits would be brought in by innocent civilians harmed by the Israeli military: for example, a child obliterated by a "targeted" killing. "Inevitable collatoral damage," says the IDF. Homicidal negligence requiring accountability and compensation, says Int'l and U.S. Law. Mordechai, your an idiot. #2- Your a flat out racist: you don't deserve a space in this forum. FYI the Arab Bank suit is meant to do precisely what your crying injustice about. Next time read the article before you embarass yourself again.
what are those murderers and their helpers are thinking, (if they could think)? they started their "antifada", murdered hundreds of inocent children, women, old people and now they want to get paid for it? there is no shame, no humanity left in those beggers, living off the charity of us, suckers? but of course their EU friends will take their side, as always.
i'm waiting but not holding my breath.
And what about the death,injuries and loss of propriety incurred by Israeli victims ? There is no limit for the arab sleaze....
We aren't Europe. Our courts will throw out these lawsuits by terrorists. The Arabs should remember the US locks up terrorists in Guantanomo Bay without trial. After 9-11 Bush sent supporters around to Arab and Muslim groups warning them if it happens again they would be rounded up and put in camps. Sorry folds you show up here in court we just might put handcuffs on you.