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|Guerre juridique appuyée par Al-Haq, ONG palestinienne de Droits de l’homme, au Canada|
June 11, 2009
On July 8, 2008, the Bil’in Village Council, with the assistance of the Palestinian NGO Al Haq, filed suit in Quebec against three Canadian corporations involved in construction projects in the town of Kiryat Sefer (Modi’in Ilit) in Israel. The village council and Al Haq claim that these corporations are aiding, abetting, assisting and conspiring with Israel, the Occupying Power in the West Bank, in carrying out an illegal act and acting in violation of the Geneva Conventions. A preliminary hearing on the lawsuit is scheduled for the end of June 2009. This case is one of a series initiated by Al Haq as part of its strategy to exploit Western courts for political goals (lawfare). Al Haq has also filed two suits (2006 and 2009) against British government officials to stop weapons sales to Israel. The 2006 suit was dismissed, and the 2009 suit is pending, but will likely be dismissed as well.
The Bil’in Village Council is also represented by Israeli attorney and political activist Michael Sfard. He is the legal advisor for the NGO known as Yesh Din, is on the legal team for Al-Haq’s Shawan Jabarin (see below), as well as for Peace Now and other groups.
Medical Aid for Palestine (MAP – no formal relationship with Medical Aid for Palestinians) is using its tax-exempt status to solicit donations to finance[e] a legal fund to fight the court case. MAP receives funding from CIDA (click donations) and from the Quebec Secretariat for International Aid (click donations). The organization also signed the original Palestinian Civil Society call for Boycott, Divestment and Sanctions against Israel in 2005 (#65). Additionally, Orna Ben-Naftali, an executive board member of B’Tselem, contributed an Expert Report and Opinion in support of the lawsuit.
Background on Al Haq:
Israeli Supreme Court decisions on Al Haq’s director, Shawan Jabarin:
Following two hearings, on March 10, 2009, the Supreme Court issued an opinion that:
We found that the material pointing to the petitioner’s involvement in the activity of terrorist entities is concrete and reliable material. We also found that additional negative material concerning the petitioner has been added even after his previous petition was rejected. This negative basis strengthens the security authorities’ position, according to which the prohibition placed on the petitioner leaving the country is not intended for punishment for his forbidden activity, but due to relevant security considerations.
On July 7, 2008, in its decision regarding an appeal by Jabarin, the court noted:
We are dealing with reliable information according to which the petitioner is among the senior activists of the terrorist organization, The Popular Front for the Liberation of Palestine.
And in June 2007, after another appeal, the court again found that:
This petitioner is apparently active as a Dr. Jekyll and Mr. Hyde, in part of his hours of activity he is the director of a human rights organization, and in another part he is an activist in a terrorist organization which does not shy away from acts of murder and attempted murder, which have nothing to do with rights, and, on the contrary, deny the most basic right of all, the most fundamental of fundamental rights, without which there are no other rights – the right to life.
© NGO Monitor
Mis en ligne le 11 juin 2009, par