Shurat Hadin Files War Crime Suit Against Hamas in US Court

[Smithryee]

One day before the Palestinian Authority officially becomes a member of the International Crime Court, Shurat Hadin has requested that the US Attorney General and the justice ministry prosecute Hamas leaders for “war crimes”. The NGO is representing 26 US citizens, some of whom also hold Israeli passports. They asked that Hamas leaders be prosecuted for firing rockets at Israel’s Ben Gurion airport near Tel Aviv on July 22 during the 2014 Gaza war. It is tinged with intentional irony as the PA intends to use their status in the ICC to prosecute Israeli officials for war crimes. Israel is not a member of the ICC and cannot file complaints there against Palestinians.

The charges claim that some of the litigants were forced to run for shelter when rockets launched at the airport hit a short distance away. Others were passengers on board a Delta flight from New York that was forced to land in Paris, after US flights were diverted from Israel as a result of the rocket fire.

Nitsana Darshan-Leitner, the director of Shurat Hadin, said that according to US law, a person can be imprisoned for performing an “act of violence” at an international airport, if the victim is a US citizen. The law (18 U.S.C. § 37(a)) provides prison sentences of up to 20 years for any person who unlawfully and intentionally uses violence against Americans at an international airport. She alleged that “the Palestinians committed war crimes,” and stressed that courts other than the ICC had “the authority to try them, including in the United States”. The case is being organized for Shurat Hadin by attorney Robert Tolchin of New York.

http://jpupdates.com/2015/04/01/shurat-hadin-files-war-crime-suit-against-hamas-in-us-court/

[Agnosticsherbet]

1. Well I look forward to both casses coming to trial.

[Little Tich]

2. F*** the Shurat Hadin.

Last edited Mon Apr 6, 2015, 11:25 PM - Edit history (1)

From the Wikipedia article on Shurat Hadin:
(Under heading “Critisism” snip)
Philip Giraldi expressed the view that Shurat haDin abuses Lawfare litigation in U.S. courts, and that "Many of the charges are frivolous and only intended to advance foreign political interests through exploitation of the U.S. judiciary system. The suits frequently accomplish little beyond tying up American courtrooms. Those who are sued have to waste time and resources defending themselves, which is precisely what is intended ... Despite describing itself as an NGO, the organization [Shurat haDin] works closely with the Israeli government, and received marching orders to stop the Gaza flotilla at all costs, as well as an offer of full support, directly from Prime Minister Benjamin Netanyahu ... Depending on one’s viewpoint, it is possible to perceive Shurat HaDin as either a nuisance or as a necessary resource for fighting terror. But either way, there are potential real world consequences that could result from its desire to punish anyone and everyone in any way linked to activity hostile to Israel ... It would also mean that the specious Israeli claim that they have no one to talk to among the Palestinians would become a reality.&quot end snip)

Read more: http://en.wikipedia.org/wiki/Shurat_HaDin

As much as I loathe Hamas and what they stand for, It’s wrong to let Shurat Hadin be involved in any court case, anywhere. Shurat Hadin is a crypto-fascist hate group, IMHO.

[oberliner]

3. Philip Giraldi of The American Conservative?

Also published in Veterans News Now.

That's the source being cited here, right?

"Why I Dislike Israel" is the headline of a recent article of his.

[Little Tich]

5. More like Philip Giraldi of antiwar.com.

Last edited Tue Apr 7, 2015, 05:22 AM - Edit history (1)

Here’s an article he wrote about Shurat HaDin:

Terrorizing Through Lawfare
(cherry picked from fourth paragraph, snip)
Shurat HaDin, though an Israeli nongovernmental organization, is particularly active in the United States, exploiting the fact that American courts have proven willing to hear lawsuits directed against any terrorist group anywhere in the world even if no U.S. citizens are involved based on the principle that terrorism is an international crime. Existing terrorism legislation in the U.S. making it illegal to provide “material support” to any group designated as terrorist is itself lawfare, using deliberately vague language to justify nearly anything if a terrorist group is in any way involved or can plausibly be implicated. The law itself provides an elastic framework for litigation. Shurat HaDin’s intention is to silence any and all criticism of Israel, and, to do so, it works assiduously to connect governments and organizations to proscribed terrorist entities so they can be sued for damages. The intention is to use the legal weapon to tie up opponents. Many of the Shurat HaDin charges have proven to be frivolous, but those who are sued have to waste time and resources defending themselves, which is precisely what is intended. (end snip)

Read more: http://original.antiwar.com/giraldi/2012/05/23/terrorizing-through-lawfare/

[oberliner]

6. Exactly

Another Paleocon/Libertarian website featuring the likes of Pat Buchanan and Ron Paul.

In fact, the most recent article by Pat B on the front page:

Will Bob Corker Save the GOP?

[Little Tich]

7. I admit the choice of a quote from a writer on a libertarian website seems odd.

But it was the best one on the Wikipedia page about Shurat HaDin, and the quote isn’t only correctly describing what Shurat HaDin does, the article pretty much echoes my views of them as well.

Do you actually have an opinion about Shurat Hadin?

[aranthus]

4. More proof that applying legal norms to international disputes is worse than foolish.

We end up with bad politics and corruption of the Law. I hope that this suit is quickly dismissed and that the ICC is speedily dismantled. Both are an affront to the dignity of legal process.