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According Al Jazeera, a family in the Gaza strip is suing the Israeli government, naming Ehud Olmert and Ehud Barak as defendants. The lawsuit seeks $200 million for criminal negligence, after 29 members of the family died in the Gaza attacks. And yet, an Israeli spokesman claimed that the deaths were the responsibility of Hamas, who "used civilians as human shields."
For me, I found this an interesting piece of news, especially since this is not the first time Palestinians who were harmed in conflicts have filed lawsuits against the Israeli government, only to be turned away by the Israeli courts.
Although this is reported by Al Jazeera, which is more for an Arab audience, the reports of negligence in the case of this one family have been at elast partially corroborated by the U.N. and several other sources. One thing that I noticed when reading the article is that there is no mention of whether this family is in any way connected with Hamas. It seems like Israel has a special interest in this family, and I'd be curious to know why that is exactly.
One question here is whether or not Palestinians have the right to sue Israel. Many would say that since the Palestinians have their own elected officials, they should take up grievances with them, rather than Israel. Personally, I believe that the family is totally within their rights as citizens of Israel to file a lawsuit against the government.
The other, and I think more important, question, is whether or not Israel is indeed responsible for the deaths of Palestinians, and whether Hamas is in any way responsible, as the spokesman claims it is. Although it cannot be denied that there is a guerilla aspect to Hamas, I think the tactics used in Gaza by Israel are evident that this was not just a campaign to weaken Hamas, but to weaken moral support for the party as well. The use of white phosphorus that was mentioned earlier points towards a larger disregard for civilian casualties, and indeed, something to the extent of criminal negligence.
So, my questions to you guys are: Should the Israeli courts acknowledge the lawsuit? Will doing so possibly legitimate the Israeli attacks in Gaza (i.e., will this signal that Israel is indeed concerned about civilians in Gaza) or will it serve to legitimate Palestinians in Gaza as citizens with legitimate grievances?
A sexual revolution -- women moving up in Iran
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To continue the focus on women from the reading, I found this article
posted on a non-profit news-source called Iran Focus**'s website. The
article itself...
15 years ago
I think that by processing the case, regardless of the outcome, will give Palestinian's hope that change may be coming, and their situation may get better. However, I am uncertain if Israel wants to give this message. By processing the case, it could give Palestinians the courage to ask for other things, such as the removal of checkpoints.
ReplyDeleteI think Israel should at least acknowledge the case. It will should that they have at least some concern for the Palestinian people. However, if they do let the case go through, I do not think they will rule on the side of the family. I think they will use the chance to justify their actions, as well as explain Palestinian civilian deaths (human shield). I think allowing the case to go through, and then ruling against the Palestinians will dishearten the Palestinians more than if the case was not processed at all. It is like dangling hope on a string, and then yanking it away.
I can't say for sure what the Israeli courts will do. It's possible they will throw the case out; or they may take advantage of this opportunity to establish a legal precedent regarding such cases, if one does not already exist. If they take the latter path, then I am almost positive the court will decide against the family and provide judicial credibility to Israel's claim that they cannot avoid civilian deaths if they are to defend themselves against Hamas. Just think from a practical point of view, how many cases of "criminal negligence" would start flooding the Israeli court system if they were to convict the government of these crimes and how much money would they be doling out. It's inconceivable. It's possible that if the family doesn't get an answer from the Israeli courts, they could try to take it to the UN, but that would be a terribly protracted, probably futile affair.
ReplyDeleteI really doubt the case will get anywhere, and it is not in Israel interest at all to legitimate the fact that the occupation and war in Gaza was in any way immoral or criminal. As we have seen with the white phosphorus claims, which to my knowledge have gotten a hell of a lot of nowhere, Palestinian lawsuits/claims against Israel are frequent and frequently ignored and shunned by both the gov't and public of Israel.
ReplyDeleteI agree with "Rhiannon", it would legitimate Palestinians claims against the Israeli government, an inconcievable and unretractable flood-gate moment.
Question: I know palestinians can speak but not vote in UN councils, but can they pose claims against Israel to the UN?