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UK court rejects Palestinian call to arrest Barak
#1
I haven't seen reference to this anywhere else yet - par for the course I guess - but the reported UK Foreign Office argument for rejecting the petition to arrest Erhud Barak for war crimes is interesting:
Quote:..... the defense minister was a state guest, and therefore was not subject to such lawsuits.
I wonder what argument would have been deployed had he NOT been a 'State guest' ?

The Israeli statements are exactly the sort of Orwellian inversions we have all come to know and expect: Black is white, Up is down, Right is Wrong, War is Peace, etc etc.

Still - my guess is that a lot of Israelis are becoming very wary about foreign travel, which I find mildly encouraging

This from The Jerusalem Post:
Quote:After a tense day that included intensive consultations between the foreign ministries in Jerusalem and London, a British court on Tuesday rejected a petition urging an arrest warrant for Defense Minister Ehud Barak on the grounds that he committed "war crimes" during the IDF offensive in the Gaza Strip earlier this year.
The court accepted arguments submitted by the British Foreign Office, which said the defense minister was a state guest, and therefore was not subject to such lawsuits. Barak was in Britain for talks with Prime Minister Gordon Brown, Defense Secretary Bob Ainsworth and Foreign Secretary David Miliband.
"We do not intend to let terror win," Barak said in a statement issued by his office on Tuesday evening. "We will not apologize in any way for our just struggle against terrorism. We will do everything possible so that the representatives of Israel, security officials and soldiers of the IDF will continue to freely travel the world. The theater of the absurd whereby those who defend their citizens need to be on the defensive has to end. Otherwise, the world is likely not only to give a prize to terrorism, but to encourage it."
The Foreign Ministry, which throughout the day held consultations with the British Foreign Office, had no comment on the decision.
Among Israel's arguments to the Foreign Office were that there was no precedent anywhere for the arrest of a sitting defense minister; that the petition was driven by political motivations; that the arrest would cause irreparable damage to Israeli-British ties; and that it would set a dangerous precedent for other countries - like Britain - that found themselves fighting terrorists.
Israel's ambassador to the UK, Ron Prosor, said the petition was a "continuation of the demonization and delegitimization of Israel." He said the embassy had worked closely with the British government to get the petition thrown out.
While this was the first such case since the publication of the Goldstone Report earlier this month, diplomatic officials were hesitant to draw a direct line, saying such attempts had been made against Israeli defense officials in the past.
"This petition is based on nothing but bad will, bad faith and Israel-bashing gathered from newspaper clippings and the occasional human rights report," Foreign Ministry spokesman Yigal Palmor said. "Its only intent is to harass Israeli officials and promote Israeli-bashing."
The petition was brought by a Gaza-based human rights group, al-Mezan, on behalf of a group of 16 Palestinians from the Gaza Strip. Al-Mezan, in turn, instructed two London law firms - Irvine Thanvi and Natas (ITN) and Imran Khan and Partners - to represent the group. During the proceedings, the two firms applied for an international arrest warrant, claiming that Barak had committed war crimes and breaches of the Geneva Convention during Operation Cast Lead.
Despite the petition - and advice that Channel 1 said came from Justice Minister Yaakov Neeman, recommending that he leave Britain immediately - Barak decided not to change his plans for the UK visit. His bureau released a statement saying, "No arrest warrant has been issued, and in any event, he has immunity due to his being a minister in the government."
In addition to meeting with Brown and Ainsworth on Tuesday, Barak addressed a Labor Friends of Israel reception during the Labor Party's annual conference in Brighton on Tuesday night. He is scheduled to meet with Miliband on Wednesday.
A loophole in British law - in the International Criminal Court Act of 2001 and the Criminal Justice Act of 1988 - allows private individual complaints of "war crimes" to be lodged against military personnel, even if they are not British citizens and the alleged crimes were committed elsewhere.
Pro-Palestinian groups in Britain and other countries have been trying to exploit that loophole against IDF officers and Israeli aleaders. Israel has been working with the British government for years to change the law.
Israeli defense officials said Barak's security detail had not been beefed up as a result of the arrest threat.
Last week the British chief of staff, Air Chief Marshall Sir Jock Stirrup, visited Israel for talks with IDF Chief of General Staff Lt.-Gen. Gabi Ashkenazi, which focused on the possibility that arrest warrants would be issued against officers for their involvement in Operation Cast Lead.
"Barak is not concerned about being arrested," an official in his office said on Tuesday. "Even though there may be a slight risk, he is purposely staying in England to show them that he is not concerned and that Israelis do not have to run away."
Yaakov Katz contributed to this report.
Peter Presland

".....there is something far worse than Nazism, and that is the hubris of the Anglo-American fraternities, whose routine is to incite indigenous monsters to war, and steer the pandemonium to further their imperial aims"
Guido Preparata. Preface to 'Conjuring Hitler'[size=12][size=12]
"Never believe anything until it has been officially denied"
Claud Cockburn

[/SIZE][/SIZE]
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#2
Peter Presland Wrote:I haven't seen reference to this anywhere else yet - par for the course I guess - but the reported UK Foreign Office argument for rejecting the petition to arrest Erhud Barak for war crimes is interesting:
Quote:..... the defense minister was a state guest, and therefore was not subject to such lawsuits.
I wonder what argument would have been deployed had he NOT been a 'State guest' ?

The mind boggles. It seems to suggest that crimes - even terrible ones - don't count if you have made a decision to entertain the perpetrator.

Utterly ridiculous and culpable reasoning.
The shadow is a moral problem that challenges the whole ego-personality, for no one can become conscious of the shadow without considerable moral effort. To become conscious of it involves recognizing the dark aspects of the personality as present and real. This act is the essential condition for any kind of self-knowledge.
Carl Jung - Aion (1951). CW 9, Part II: P.14
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#3
I wonder if New Labour's apparatchiks will have the nerve to cite the common law precedent supporting their wanton making up of law as they go along.

The obvious common law precedent is, of course, Thatcher taking afternoon tea - a very British tradition - with the fascist Condor war criminal and murderer, Generalissimo Pinochet.
"It means this War was never political at all, the politics was all theatre, all just to keep the people distracted...."
"Proverbs for Paranoids 4: You hide, They seek."
"They are in Love. Fuck the War."

Gravity's Rainbow, Thomas Pynchon

"Ccollanan Pachacamac ricuy auccacunac yahuarniy hichascancuta."
The last words of the last Inka, Tupac Amaru, led to the gallows by men of god & dogs of war
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#4
Probably the best place for this.

There's no doubt that the Israeli top brass are nervous about foreign travel. They appear to have managed to get the UN to delay a vote on the Goldstone report but, in spite of furious damage-limitation manoeuvrings by their allies at the UN, the writing IS on the wall. They ARE a bunch of bloody war criminals and time is NOT on their side.

This from Al-Jazeera:
Quote: Israel's vice-prime minister has cancelled a planned trip to London over fears that he could be arrested for alleged war crimes, his spokesman has said.

Moshe Yaalon called off the trip fearing that pro-Palestinian groups in London might seek his trial for his role in the 2002 deaths of 15 people, including a Hamas leader and eight children.
Yaalon was the military chief-of-staff when an Israeli fighter jet dropped a one-tonne bomb in Gaza City, killing Salah Shehadeh, the head of the armed wing of Hamas, along with his wife.

Israel's foreign ministry advised against the planned trip after it emerged that Yaalon, who is also strategic affairs minister, had been invited to attend a fund-raising dinner hosted by the British branch of the Jewish National Fund.
Last Tuesday Ehud Barak, the Israeli defence minister, dismissed a bid to have him arrested in Britain as "absurd" while attending the governing Labour party's annual conference.

British activists had sought his arrest over Israel's offensive on the Gaza Strip in December-January, where more than 1,400 Palestinians and 13 Israelis were killed.
The request was denied on the grounds of diplomatic immunity.
Yaalon has form quite apart from his role in the recent Gaza massacre. He has been indicted by both New Zealand and Spanish courts for earlier alleged crimes. Both courts succumbed to the usual pressure - details on my 'Wanted for War Crimes' blog here
Peter Presland

".....there is something far worse than Nazism, and that is the hubris of the Anglo-American fraternities, whose routine is to incite indigenous monsters to war, and steer the pandemonium to further their imperial aims"
Guido Preparata. Preface to 'Conjuring Hitler'[size=12][size=12]
"Never believe anything until it has been officially denied"
Claud Cockburn

[/SIZE][/SIZE]
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#5
More on postponement of UN discussion of the Goldstone report. It was done at the request of the PLO leadership. So why would the nominal (though illegitimate since the presidential term expired last January) Palestinian leadership do such a thing?

Norman Finkelstein has the answer. It stinks to the heavens but has a solid ring of routine Israeli modus operandi to it. Abu Mazen and his cronies are clearly so compromised that I doubt they will escape with their lives if the general Palestinian population ever get a say in the matter
Quote:Ma’ariv (p. 5) by Amit Cohen et al. — A Palestinian press agency claims that the surprising decision by Palestinian Authority officials to postpone the discussion of the Goldstone report in the UN Human Rights Council is the result of an Israeli threat. According to a report by Shihab, the Palestinian Authority refused Israel’s demand that it withdraw its support for the harsh report, which Israel considered one-sided. Following this, Israeli figures showed the PA a series of tapes in which Palestinian Authority officials could be heard urging Israel to continue the operation in Gaza. Israel threatened to reveal the material to media outlets as well as to the UN and this, in turn, resulted in the Palestinian retreat. It was further claimed that the Palestinians were shown footage showing a meeting between Abu Mazen, Defense Minister Ehud Barak and then foreign minister Tzippi Livni. In the course of the meeting, according to the report, Abu Mazen attempted to convince Barak to continue the operation. Barak appeared hesitant whereas Abu Mazen was enthusiastic. In addition, a telephone conversation recording between Abed Al-Rahim, secretary general of the Palestinian Authority and director of Gen. Gabi Ashkenazi’s bureau was presented. The Palestinian senior official can be heard saying that now is the time to bring ground forces into the Jabalya and Shati refugee camps. “The fall of these two camps will bring about the fall of the Hamas regime in Gaza, and will cause them to wave a white flag,” says Abed Al-Rahim. According to the report, Dov Weissglas told Abed Al-Rahim that such a move could result in the deaths of thousands of civilians. “They all voted for Hamas,” says Abed Al-Rahim, “they chose their fate, not us.” Following Hamas’s allegations against him, Abu Mazen ordered the establishment of an investigative committee to examine the cause for the postponement of the discussion of the Goldstone report, which sparked a furor and much criticism in the Palestinian street. Officially, Israel argues that Abu Mazen withdrew his request for the discussion as a result of Netanyahu making it clear that such a move would greatly harm the peace process.
PS The Goldstone Report probably warrants a separate thread but I posted this here because of my referral to postponement of the report in my previous post.
Peter Presland

".....there is something far worse than Nazism, and that is the hubris of the Anglo-American fraternities, whose routine is to incite indigenous monsters to war, and steer the pandemonium to further their imperial aims"
Guido Preparata. Preface to 'Conjuring Hitler'[size=12][size=12]
"Never believe anything until it has been officially denied"
Claud Cockburn

[/SIZE][/SIZE]
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#6
If true, which I suspect, it is shameful behaviour on the part of Abu Mazen and co. Dead men walking. Israel's behaviour doesn't surprise me in the least. Just par for the course.
"The philosophers have only interpreted the world, in various ways. The point, however, is to change it." Karl Marx

"He would, wouldn't he?" Mandy Rice-Davies. When asked in court whether she knew that Lord Astor had denied having sex with her.

“I think it would be a good idea” Ghandi, when asked about Western Civilisation.
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#7
Magda Hassan Wrote:If true, which I suspect, it is shameful behaviour on the part of Abu Mazen and co. Dead men walking. Israel's behaviour doesn't surprise me in the least. Just par for the course.
Magda

It does have a certain ring to it doesn't it?

As I recall there were accusations at the time of the PLO urging Israel on in its Gaza offensive. This is further evidence of that.

And when you think about it, it would surely require something of comparable gravity for any Palestinian to seek to postpone UN adoption of that report. The official line is that they 'didn't want to jeapardise the peace process' - seriously - the bloody PEACE PROCESS. You don't have to be a Palestinian to see the absolute farce of that.

There's absolutely no doubt in my mind that Israel has something MAJOR on the PLO - and this fits the bill to a tee.
Peter Presland

".....there is something far worse than Nazism, and that is the hubris of the Anglo-American fraternities, whose routine is to incite indigenous monsters to war, and steer the pandemonium to further their imperial aims"
Guido Preparata. Preface to 'Conjuring Hitler'[size=12][size=12]
"Never believe anything until it has been officially denied"
Claud Cockburn

[/SIZE][/SIZE]
Reply
#8
Quote:According to the report, Dov Weissglas told Abed Al-Rahim that such a move could result in the deaths of thousands of civilians. “They all voted for Hamas,” says Abed Al-Rahim, “they chose their fate, not us.”

Someone is going to get a spanking!!!!!!!!

Confusedecruity:
"You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.”
Buckminster Fuller
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#9
Keith Millea Wrote:Someone is going to get a spanking!!!!!!!!

Confusedecruity:

For a second I thought I'd hit the wrong link and entered an S & M website.

But all is well that ends in a spanked botty, I suppose.
The shadow is a moral problem that challenges the whole ego-personality, for no one can become conscious of the shadow without considerable moral effort. To become conscious of it involves recognizing the dark aspects of the personality as present and real. This act is the essential condition for any kind of self-knowledge.
Carl Jung - Aion (1951). CW 9, Part II: P.14
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#10
David Guyatt Wrote:
Keith Millea Wrote:Someone is going to get a spanking!!!!!!!!

Confusedecruity:

For a second I thought I'd hit the wrong link and entered an S & M website.

But all is well that ends in a spanked botty, I suppose.


Oh crap,I thought I was posting to my "special friend".I've been outed!!!!!

:wavey:
"You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.”
Buckminster Fuller
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