Tag Archives: Martin F. Mcmahon

THE DAWABSHEH FAMILY, ET AL. v. BENJAMIN NETANYAHU, ET AL. at the United States District Court for the District of Columbia

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After this Court has heard the evidence concerning the war crimes committed, financed, promoted, encouraged by the Defendants named herein EFC, Plaintiffs would request that the Court consider whether it is appropriate to entertain a punitive damages award against all defendants, especially since war crimes, wanton destruction of property, ethnic genocide are involved.

Continue reading at https://www.commondreams.org/sites/default/files/lawsuit.pdf

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The Legal Battle for Justice Against Israeli Settlers and Their American Financiers on Washington Report On Middle East Affairs

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He filed a lawsuit initially dismissed by the District Court here in DC. But it was overturned by the Court of Appeals here in DC. And that lawsuit seeks $1 billion in damages from those who enabled the settlements and the settlers to commit war crimes, including genocide, ethnic cleansing and denationalization.
The court reasoned that, based on the U.N. Convention on the Prevention and Punishment of the Crime of Genocide, genocide has a legal, rather than a political, definition. All of the other counts [in the lawsuit] were dismissed as being political, not legal. So that means the case is going back to District Court and there will be litigation on whether Israeli settlers are committing genocide, which is a huge breakthrough.

Continue reading at https://www.wrmea.org/2019-may/the-legal-battle-for-justice-against-israeli-settlers-and-their-american-financiers.html

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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

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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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Bassem Tamimi on court decision to hold family members indefinitely: ‘we can’t expect anything else from the court, this is life under occupation’ by Mersiha Gadzo

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An Israeli military court ruled today to keep 16-year-old Ahed Tamimi and her mother Nariman in prison until the end of their trial.  Ahed, a well-known Palestinian activist was detained a month ago after a video was published online of Ahed slapping and hitting two Israeli soldiers, yelling at them to leave her family’s property.

The Tamimi family from Nabi Saleh are well known activists who have led non-violent protests against the illegal Israeli military occupation for nearly a decade. Ahed’s father Bassem was previously arrested nine times and spent four years in prison where he was tortured. He spent 14 months in jail simply waiting for a trial, which was repeatedly postponed. Bassem told Mondoweiss that he won’t be surprised if the same happens to Ahed and Nariman with the goal of detaining them for as long as possible.

“I expect the worst from the occupation,” Bassem told Mondoweiss.

“Honestly, we can’t expect anything else from the court; the court is a component of this occupation. It’s used by the legal system to punish the Palestinians.”

“They target all Palestinians… they want to show the world that, ‘We just punish those who resist.’ That’s not true. They punish all Palestinians because they’re Palestinians and they exist. This is a genocide since 1948,” Bassem said.

Continue reading at http://mondoweiss.net/2018/01/indefinitely-anything-occupation/

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Group headed by Trump’s Israel envoy pick sued for war crimes by Ali Abunimah

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President-elect Donald Trump’s nominee for US ambassador to Israel is the head of an organization that is being sued by Palestinians for its role in the theft of their land for settlements and other Israeli war crimes.

… A bankruptcy lawyer, Friedman is president of American Friends of Bet El Yeshiva Center, a nonprofit organization that raises about $2 million a year, mostly for the Beit El settlement, north of Ramallah in the occupied West Bank.

This is one of a group of organizations and individuals currently being sued for $34.5 billion by Palestinians who accuse them of financing and profiting from Israel’s settlements.

The lawsuit argues that directly supporting Israeli settlements with tax-exempt charitable funds amounts to money laundering and tax fraud and aids and abets crimes including theft of Palestinian property, home demolitions, maiming, murder, ethnic cleansing and even genocide.

Continue reading at https://electronicintifada.net/blogs/ali-abunimah/group-headed-trumps-israel-envoy-pick-sued-war-crimes

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Palestinians sue billionaire Sheldon Adelson for Israeli war crimes by Charlotte Silver

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A group of Palestinians and Palestinian Americans are seeking $34.5 billion dollars in damages from wealthy individuals and companies they accuse of financing and profiting from Israel’s settlements in the occupied West Bank and other abuses of their rights. The plaintiffs include Palestinians who have lost family members in Israeli attacks in the West Bank and Gaza Strip. Their lawsuit is the latest effort to expose and curb the role of organizations that operate as tax-exempt US charities in fueling violence and settlement expansion on occupied Palestinian land. It names as defendants US tycoons Sheldon Adelson, Haim Saban, Irving Moskowitz and Oracle founder Lawrence Ellison… The lawsuit, filed in a Washington, DC, federal court on Monday, alleges a wide range of crimes under US and international law, including genocide, war crimes and crimes against humanity, conspiracy, money laundering, racketeering, perjury and pillage.

Continue reading at https://electronicintifada.net/blogs/charlotte-silver/palestinians-sue-billionaire-sheldon-adelson-israeli-war-crimes

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Bassem al-Tamimi and others Vs. Sheldon Adelson and others at District Court of Columbia

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222. All Defendants herein had to know the type of heinous criminal activity being engaged in by armed and aggressive settlers and IDF/G4S personnel in the OPT, for any number of reasons. As early as 1990, ethnic cleansing, wanton property destruction, heavy civilian casualties, incarceration, and torture of political prisoners as well as children, were all common knowledge in Israel. Haaretz articles and editorials repeatedly reported on and criticized these criminal activities and settlement expansion. That activity, i.e., ill treatment and violent subjugation of a civilian population, of course, constitutes classic war crimes under the Nuremberg Principles and the U.S. War Crimes Statute. It also violates the UN Genocide Convention.

Continue reading at http://www.martinmcmahonlaw.com/Tamimi_Complaint.pdf

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