Connect With Us

  • Facebook Group: 120637961296541
  • Twitter: LawfareProject
  • Vimeo: thelawfareproject
  • YouTube: user/TheLawfareProject

Mailing List

Sign up for updates from The Lawfare Project!

Translate



Press Releases
FOR IMMEDIATE RELEASE: French Appeals Court Holds Israeli Settlement Activity Does Not Violate International Law PDF Print E-mail
Monday, May 06, 2013

May 3, 2013 - NEW YORK - In a major legal decision that the media has studiously ignored, a French Court of Appeals ruled last week that construction of a light rail system in the Israeli-controlled West Bank by a French company does not violate international law. In doing so, the court sided with many of the arguments Israel has long made in defense of the legality of settlements. Indeed, the decision is a major refutation of the common refrain that "everyone agrees" that construction in the West Bank violates international law.

Lawfare Project Fellow Eugene Kontorovich, a professor at Northwestern University School of Law, explained the significance of the decision:
 
The Court held that only the Government of Israel, and not private parties, can violate the relevant provisions of the Geneva Conventions. The arguments that Israeli communities in the West Bank violate international law start with Art. 49(6) of the Fourth Geneva Convention, which provides that "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies." The provision was also relied on heavily by the Palestinian plaintiffs in in the lawsuit. The Court ruled that the Geneva Conventions only speaks to and applies to action by the Israeli government ("the Occupying power"), and does not regulate private parties activities in the occupied territory.
 
This is an extraordinarily important holding in light of the decades old-debate about the meaning of 49(6) in the context of Israeli civilian migration into the West Bank. It is in direct opposition to the political and international law position on settlements. In the standard narrative, any migration of Israeli Jews past the Green Line, or the expansion of their residences and communities once there, is a war crime. Thus, when private citizens decides to buy or build a house across the Green Line, or even expand an existing one, it is a war crime. Moreover, Israeli citizens who migrate to the West Bank are often said to be guilty of war crimes themselves as aiders-and-abettors. The Versailles decision would seem to reject such a position.
 
One clear consequence of the French ruling is that newspapers can no longer say with any pretense of honesty that apart from Israel, "everyone agrees" that settlement construction violates international law.
 
For more information, please contact:
 
Prof. Eugene Kontorovich
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
(609) 610-2066
AddThis Social Bookmark Button
 
Conference call briefing with author Hassan Daioleslam re. victory against NIAC - April 30, 2013 at 12:00 PM ET PDF Print E-mail
Wednesday, April 17, 2013

INVITATION: Conference call briefing with Iranian American author Hassan Daioleslam, Lawfare Project Director Brooke Goldstein, and Legal Project Director Sam Nunberg on Daioleslam's recent victory against National Iranian American Council (NIAC)

April 30, 2013
12:00 PM ET

Conference dial-in number: (805) 399-1200
Participant access code: 108325


Goldstein will conduct a Q&A after the briefing. Questions can be emailed before or during the call with subject heading "HASSAN DAI" to:
 
Questions will be answered in the order received and as time permits.
 

Background:

 On Tuesday, April 9, in a major victory against lawfare proponents, the U.S. District Court for the District of Columbia ordered the National Iranian American Council (NIAC) and its president, Trita Parsi, to pay $183,480.09 to Iranian American Hassan Daioleslam, editor of the website "In Search of Truth: Reports on Mullahs's lobby in US." This follows years of litigation, beginning in 2008 when NIAC and Parsi filed a frivolous libel suit against Daioleslam in response to his reporting of Parsi's and NIAC's linkages with the Iranian regime, a state sponsor of terrorism.

 
In fall 2012, the court granted summary judgment for Daioleslam, dismissing the libel suit. Judge John Bates held that the plaintiffs failed to adduce evidence that Daioleslam "actually harbored any doubts about the correctness of his writings, or willfully blinded himself to the truth," such that their defamation claim must fail. The court also dismissed the plaintiffs' false light claim due to their failure to demonstrate that Daioleslam's statements were made with "actual malice." 
 
Sam Nunberg serves as Director of The Legal Project, an activity of the Middle East Forum which seeks to protect the right in the West to freely discuss Islam and Islamist terrorism. The Legal Project coordinated Mr. Daioleslam's pro bono representation by Sidley Austin LLP during Brooke Goldstein's tenure as Director. Sam has worked on this matter since 2011.
AddThis Social Bookmark Button
 
FOR IMMEDIATE RELEASE: Victory for Free Speech Against Lawfare Proponents - Court Orders National Iranian American Council (NIAC) to Pay $183,480.09 to Iranian American Author Hassan Daioleslam PDF Print E-mail
Friday, April 12, 2013

April 12, 2013 - NEW YORK - This past Tuesday, April 9, in a major victory against lawfare proponents, the U.S. District Court for the District of Columbia ordered the National Iranian American Council (NIAC) and its president, Trita Parsi, to pay $183,480.09 to Iranian American Hassan Daioleslam, editor of the website "In Search of Truth: Reports on Mullahs's lobby in US." This follows years of litigation, beginning in 2008 when NIAC and Parsi filed a frivolous libel suit against Daioleslam in response to his reporting of Parsi's and NIAC's linkages with the Iranian regime, a state sponsor of terrorism.

The conference call briefing with Iranian American author Hassan Daioleslam, originally scheduled for tomorrow, has been postponed.
An email containing the new date and call-in details will be sent soon.

The Lawfare Project is hosting a conference call briefing with Hassan Daioleslam on Tuesday, April 16 at 12:00 PM ET. Members of the press, as well as the public, are welcome to participate.

Conference dial-in number: (805) 399-1200

Participant access code: 108325

In fall 2012, the same court granted summary judgment for Daioleslam, dismissing the libel suit. Judge John Bates held that the plaintiffs failed to adduce evidence that Daioleslam "actually harbored any doubts about the correctness of his writings, or willfully blinded himself to the truth," such that their defamation claim must fail. The court also dismissed the plaintiffs' false light claim due to their failure to demonstrate that Daioleslam's statements were made with "actual malice."

For more information, please contact:

Brooke Goldstein - This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Hassan Daioleslam - This e-mail address is being protected from spambots. You need JavaScript enabled to view it - 602-692-3701

AddThis Social Bookmark Button
 
FOR IMMEDIATE RELEASE: Abbas Offers Bogus ICC Concession During Kerry's Trip to Israel PDF Print E-mail
Thursday, April 11, 2013

Press Releases

April 11, 2013 - NEW YORK - As Sec. State Kerry concludes his trip to Israel to work on restarting negotiations between Israel and the Palestinians, Mahmoud Abbas claims to have made a goodwill gesture by promising not to pursue charges against Israeli officials before the International Criminal Court (ICC) - for two months starting two weeks ago. Abbas's promise is a gesture of bad faith, not good, and he should receive no credit for it. The ICC simply does not have jurisdiction over Israeli settlements, as Prof. Eugene Kontorovich of Northwestern University, a Lawfare Project Fellow, demonstrates in his new research paper, "Jurisdiction over Israeli Settlement Activity in the International Criminal Court" (available at http://ssrn.com/abstract=2230987). Prof. Kontorovich will also be debating issues relating to the legality of Israeli settlements under international law at the following events:

The ICC only has jurisdiction over conduct on the "territory" of nation "states," Prof. Kontorovich explains. Even assuming Palestine will not be treated as a "state" for ICC purposes, its territory is entirely undefined. Last fall's General Assembly resolution did not set borders for Palestine, but rather acknowledged they would need to be determined through negotiations. All settlements fall in the most disputed parts of the potential Israeli-Palestinian frontier. Moreover, the Palestinians in the Oslo Accords gave Israel exclusive criminal jurisdiction over the settlements. They cannot "regive" this jurisdiction to the ICC.  

Moreover, the ICC only has authority to deal with the worst of the world's crimes. It has traditionally understood this as involving mass atrocities with thousands of dead. Civilian home construction may be internationally reviled, but it is not a crime of the highest gravity, compared to the slaughter of innocents.  
"By taking Abbas's noises about the ICC seriously," Prof. Kontorovich says, "Sec. Kerry's diplomatic efforts inadvertently lend credence to the notion that the ICC would have jurisdiction. This undermines America's ability to avoid such charges against its servicemen in the future, and contradicts its longstanding arguments about the limits on the Court. Accepting Abbas's bluff would support an unprecedented, unbounded, and activist vision of the Court's role in international affairs - one that could only come back to haunt the U.S., which like Israel, has not consented to ICC jurisdiction."

For more information, please contact:

Prof. Eugene Kontorovich

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

(609) 610-2066

AddThis Social Bookmark Button
 
FOR IMMEDIATE RELEASE: Lawfare Project Strongly Denounces Arab Lawyers Union (ALU) for Honoring Suicide Bomber PDF Print E-mail
Tuesday, October 23, 2012

October 23, 2012 - NEW YORK - The Palestine Committee of the Arab Lawyers Union (ALU) awarded its "highest honor . . . in esteem for any lawyer in the Arab Homeland" to female Palestinian suicide bomber and law student Hanadi Jaradat. In 2003, Jaradat left the legal profession by blowing herself up at the Maxim restaurant in Haifa, Israel, killing 21 and injuring more than 50. Among the deceased were three children and an infant.

Palestine Committee member Ayman Abu Eisheh said that the Arab lawyers were "proud of what Jaradat did 'in defense of Palestine and the Arab conflict.'" The Palestinian daily Al-Ayyam reported that an ALU delegation presented the "Martyr Hanadi Jaradat plaque of honor" to the bomber's family.

The ALU's homepage states that its membership includes bar associations in 15 countries and 27 affiliated organizations. It is in special consultative status with the United Nations Economic and Social Council (ECOSOC), consultative status with the United Nations Educational, Scientific and Cultural Organization (UNESCO), and is affiliated with the International Labour Organization (ILO) as well as other regional, national, and international bodies.

The Lawfare Project denounces the sheer hypocrisy of a lawyers' association blatantly celebrating any clear violation of the law, let alone a deadly terror attack. In bestowing this award, the ALU--composed of more than 200,000 lawyers and purportedly committed to "promot[ing] and protect[ing] human rights"--is engaging in lawfare by attempting to obscure (or perhaps justify) the illegality of the attack, classifying a criminal act as lawyer-endorsed measure taken "in defense of Palestine." In essence, the ALU is rejecting the (basic) responsibility it shares with the global legal community to uphold the rule of law. Surprisingly, the response to the "honor" has been passive. Lawyers and bar associations worldwide (as well as the aforementioned UN entities) must call upon the ALU to reconsider its chosen award recipient, keeping in mind the fundamental duty held by all legal professionals to promote adherence to the law, rather than undermine it.

For more information, please contact:

Brooke Goldstein -  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  - (212) 922-1672 ext. 302

Benjamin Ryberg -  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  - (212) 922-1672 ext. 305
AddThis Social Bookmark Button
 
<< Start < Prev 1 2 3 Next > End >>

Page 1 of 3