Category Archives: Tribunals

A Lawsuit Could Expose U.S. Organizations’ Involvement in West Bank Settlements by Zaha Hassan at Carnegie Endowment for International Peace

Please TAKE ACTION RIGHT NOW and send your letter to the UN Office of the Special Adviser on the Prevention of Genocide and the International Criminal Court Prosecutor.

The case almost ended abruptly when a judge dismissed the plaintiffs’ claims in August 2017, asserting that the matter was outside the court’s purview. But the appeals court found that not all the issues at stake were political and beyond the court’s jurisdiction. Its ruling came down to two pivotal questions: whether the court would have to determine who held sovereignty over the territory in question, and whether the judges were empowered to hear claims of genocide allegedly committed by Israeli settlers funded by the defendants.

Continue reading at https://carnegieendowment.org/2019/02/27/lawsuit-could-expose-u.s.-organizations-involvement-in-west-bank-settlements-pub-78464

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Adelson, Israeli Banks Must Defend Palestinians’ U.S. Suit on Fortune

Please TAKE ACTION RIGHT NOW and send your letter to the UN Office of the Special Adviser on the Prevention of Genocide and the International Criminal Court Prosecutor.

The ruling raises the prospect whether a U.S. court has to determine Israeli settlers committed war crimes and whether those targeted in the suit are financially liable. U.S. Circuit Judge Karen LeCraft Henderson said in her decision that the sovereignty issue was separate from a broader question of whether war crimes, including genocide, were being committed there.

“A legal determination that Israeli settlers commit genocide in the disputed territory would not decide ownership of the disputed territory and thus would not directly contradict any foreign policy choice,” Henderson said in a ruling joined by U.S. Circuit judges Nina Pillard and Harry Edwards.

Continue reading at http://fortune.com/2019/02/19/adelson-israeli-banks-must-defend-palestinians-u-s-suit/

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BASSEM AL-TAMIMI, ET AL. v. SHELDON ADELSON, ET AL. Appeal from the United States District Court for the District of Columbia

Please TAKE ACTION RIGHT NOW and send your letter to the UN Office of the Special Adviser on the Prevention of Genocide and the International Criminal Court Prosecutor.

The plaintiffs, both Palestinian nationals and Palestinian
Americans, claim the defendants, pro-Israeli American
individuals and entities, are conspiring to expel all non-Jews
from territory whose sovereignty is in dispute. They sued in
federal district court, pressing four claims: (1) civil conspiracy,
(2) genocide and other war crimes, (3) aiding and abetting
genocide and other war crimes and (4) trespass. Concluding
that all four claims raise nonjusticiable political questions, the
district court dismissed the complaint for lack of subject matter
jurisdiction. We now reverse.

… the second potential political question presented—are Israeli settlers committing genocide—is a purely legal issue… Genocide has a legal
definition. See United Nations Convention on the Prevention and Punishment of the Crime of Genocide art. 2, Dec. 9, 1948, 78 U.N.T.S. 277, 280 (defining genocide, in part, as “[k]illing members of [a national, ethnic, racial or religious group]” “with intent to destroy [the group], in whole or in part”). Thus… by incorporating the law of nations and the definitions included therein—provides a judicially manageable standard to determine whether Israeli settlers are committing genocide… We are well able… to apply the standards enunciated by the Supreme Court to the facts of this case.

Continue reading at https://www.cadc.uscourts.gov/internet/opinions.nsf/0/A3E75E70F0CD8003852583A6005636CA/$file/17-5207-1773741.pdf

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War is a crime by Gurdial Singh Nijar

Please TAKE ACTION RIGHT NOW and send your letter to the UN Office of the Special Adviser on the Prevention of Genocide and the International Criminal Court Prosecutor.

This dedication to a world without war was reaffirmed through the establishment of the Kuala Lumpur Foundation to Criminalise War and, significantly, the Kuala Lumpur War Crimes Tribunal – a tribunal of conscience with its own rules of evidence and procedures consistent with the highest standards comparable to the International Court of Justice and other national courts of law.

Two former UN assistant secretary-generals served in the supporting Commission: Hans Sponeck and Dennis Halliday. Three separate trials were conducted from 2011 to 2013.

The first, against then US president George Bush and UK prime minister Tony Blair for carrying out an illegal war against Iraq. The second against George Bush, Henry Rumsfeld, Richard Cheney and their lawyers for the international crime of torture. The third trial, against General Yarron and the State of Israel for genocide.

Continue reading at http://www.thesundaily.my/news/2018/09/03/war-crime

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