Lawfare Defeat for NGOs at ICC doesn’t make me feel safe at all

April 3, 2012

(h/t israpundit) Prosecutor’s Office rejects jurisdiction of “Palestine,” and echoes NGO Monitor’s legal brief
Media_httpuploadwikim_gtodjJERUSALEM – In a key defeat for NGO “lawfare” in the Arab-Israeli conflict, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) today decided that it does not have jurisdiction to begin an investigation over cases related to the 2008-09 Gaza War because “Palestine” is not a state. In January 2009, the Palestinian Authority (PA) filed a letter with the Court, purporting to accept the ICC’s jurisdiction in order to bring war crimes cases against Israeli officials, notes Jerusalem-based NGO Monitor, which was involved in the case from the outset.

“Throughout this process, the ICC – created to punish the worst perpetrators of war crimes and mass murder – was exploited by several EU- and European-government funded non-governmental organizations (NGOs), which intensively lobbied the OTP as part of their campaign to attack the legitimacy of the State of Israel,” says Anne Herzberg, legal advisor for NGO Monitor. “The NGOs Human Rights Watch, Amnesty International, Al Haq, the Palestinian Center for Human Rights, Federation Internationale des Ligues des Droits de l´Homme (FIDH), and Adalah campaigned at the ICC in support of the Palestinian Authority’s political goals. This clearly was contradictory to the spirit and substance of peace negotiations.”
On behalf of NGO Monitor, Herzberg submitted a legal brief on the case. The brief argued that the ICC’s jurisdiction is defined by the 1998 Rome Statute, which makes clear that only states can accept the Court’s jurisdiction. The Statute was adopted after years of careful diplomatic negotiations, and allowing the PA to fall under the Court’s jurisdiction would have essentially amounted to a re-writing of the Statute. In addition, the brief argued that, contrary to claims by NGO proponents of the PA initiative, the ICC was not established as a court of universal jurisdiction, and NGO attempts to transform it into such would be legally improper. The OTP used similar arguments to support its decision.
“The fact that the case even proceeded this far was clear legal overreaching, but it shows the strength of NGOs that lead the de-legitimization and demonization campaigns against Israel,” adds Herzberg. “The OTP’s decision today is a strong rebuke to these NGOs, their political agenda, and their campaign to isolate Israel from the international community,” notes Herzberg. “International arenas are routinely hijacked for political purposes, but today’s decision was markedly different.”

it should of never come down to a technicality like this. Jews have a right to protect themselves even if it were a state. Shortly it will be the Muslim Brotherhood running things in Egypt. If Israel defends it’s civilians from rocket fire it is their right to do so. Technically speaking… the rules of this court are obscene. During the Holocaust the Jews did not have a state. Is the court saying that this technicality could of been used to protect Nazis if the legal precedent of today existed during World War II? It’s a little obtuse. People that initiate violence through terror… should be responded to as Israel did, regardless of the civilians they hide behind.


Prof. Gerald Steinberg, IBA English News, Shalit and Failure of Human Rights NGOs – YouTube

October 18, 2011

NGO Monitor: NIF Network’s Campaign on September Protests

September 13, 2011
Naomi Chazan
This NIF seems to go to a lot of trouble to claim they are not involved with things. They left a comment on my blog and it isn’t like I’m a big fish. They must have a huge social media campaign financed by who knows? What I do know is that it costs a lot of money to go to supposedly Conservative blogs, which is something I really am not (can’t you tell by the raunchy offensive jokes?), but the NIF assumes I am because I support Israel and think totalitarianism is a nightmare.
B’Tselem’s report on Nabi Saleh a pretense to discuss September JERUSALEM (Daled Amos)
In advance of the Palestinian “September initiatives” at the United Nations, the New Israel Fund (NIF) network of organizations are conducting a coordinated campaign that accuses Israel of “infringing” on the “right to demonstrate” and ignores Israel’s legal obligations to maintain public order. As a pretense to promote this agenda and pre-judge Israeli responses to predicted mass demonstrations, B’Tselem today published a politically motivated “report” on “Weekly Demonstrations in a-Nabi Saleh,” according to Jerusalem-based research institute NGO Monitor. “The timing of the B’Tselem report suggests that the objective is to undermine the policies of the democratically elected government of Israel,” noted Prof. Gerald Steinberg, president of NGO Monitor. “Along with Adalah, Mossawa, Yesh Din, CWP, the Association for Civil Rights in Israel (ACRI), and other members of the NIF network, B’Tselem is perpetuating the myth that these protests are non-violent.” In its report, B’Tselem alleges that “security forces denied the residents their right to protest the infringement of their rights, and completely prohibited them from demonstrating…even in the absence of any violent act by the demonstrators.” To match its political aims, this NGO also claimed that “forces made excessive use of crowd control measures.” NGO Monitor notes that, in addition to this B’Tselem publication, ACRI sent an open letter (to generate publicity) in August to Defense Minister Ehud Barak alleging that “military legislation governing protests and demonstrations in the West Bank denies Palestinian residents the right to demonstrate.” Similarly, ACRI and Adalah pubished a joint letter to Prime Minister Netanyahu, the Minister of Internal Security, and the Chief of Police entitled “Police Preparation for the Expected September Demonstrations” (August 28). And, in June 2011, Mossawa released an inflammatory statement condemning Israel for preparing for possible violence in September, satirically entitled “Mossawa Center calls [on Israel] not to send security forces to train in Daraa [Syria] and Tripoli.” The comparison between Israel and the regimes of Assad and Qaddafi is particularly odious. In addition, Yesh Din, Adalah, Physicians for Human Rights – Israel, Coalition of Women for Peace (CWP), and the Public Committee against Torture in Israel (PCATI) are hosting a “Lawyers workshop for representing arrested demonstrators” on September 15, 2011. This workshop, run by NIF-funded groups, is being held in order to counter an alleged policy of “police repression of demonstrators.” “The aim of these statements and activities is to constrain the Israeli government, and distort the legitimate responses to violence, by painting these actions as non-violent. In actuality, extensive evidence shows that many of these confrontations, such as in Bilin, Nilin, and Nabi Saleh, include significant acts of violence by protesters,” continued Steinberg. “If the planned demonstrations include or exceed these levels of violence , or that of the ‘Nakba’ and ‘Naksa’ riots of earlier this year, Israeli security services are required to act to protect civilians from injury.” “NGOs claiming to promote human rights and the rule of law are wrong to erase the very real threats to public safety and human life,” said Steinberg. “In media campaigns pre-condemning the Israeli response, the NIF network is attempting to handcuff Israeli security forces.” Examples of this campaign: * On September 12, 2011 B’Tselem published a report titled “Show of Force Israeli Military Conduct in Weekly Demonstrations in a-Nabi Saleh.” * ACRI sent a letter to defense Minister Ehud Barak titled “The Proper Security Forces Preparation for Expected Palestinian Protests and Rallies in September” (August 8, 2011). * ACRI and Adalah sent a joint letter to Prime Minister Netanyahu, the minister of interior security and the chief of police titled “Police Preparation for the Expected September Demonstrations” (August 28, 2011). * Yesh Din, Adalah, Physicians for Human Rights – Israel, Coalition of Women for Peace (CWP), and the Public Committee against Torture in Israel (PCATI) are hosting a “Lawyers workshop for representing arrested demonstrators” on September 15, 2011. * “Mossawa Center calls [on Israel] not to send security forces to train in Daraa and Tripoli” (June 14, 2011).