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ICC launch of investigation of Israeli war crimes enrages AIPAC and Netanyahu — ‘undiluted antisemitism’

Big news. The Prosecutor of the International Criminal Court has officially launched an investigation of war crimes in Israel and Palestine since June 2014. Fatou Bensouda’s decision to investigate the “Situation in Palestine” follows a five-year preliminary inquiry and a ruling by the Court in February that it has jurisdiction to prosecute crimes there.

The investigation would focus on attacks on civilians during the summer 2014 onslaught on Gaza as well as Israeli settlements in the West Bank including Jerusalem.

Palestinians welcomed the decision. Omar Awadallah of the Palestinian ministry of foreign affairs told Al Jazeera: “We understand that Netanyahu and his war criminals should be afraid now from this important body and this important stance by the International Criminal Court.”

Hamas also praised the decision and defended its own actions, which the ICC will be investigating, as “legitimate resistance.”

The Israel lobby group AIPAC is incensed.

The ICC’s investigation into Israel is a baseless and discriminatory attack on the Jewish state. The outrageous investigations into America & Israel represent significant overreaches of the ICC’s mandate and jurisdiction that must be condemned by the administration and Congress.

It calls on Joe Biden to maintain Trump-era sanctions on ICC officials, and it claims that Israel has a “robust” system of investigating alleged crimes. As for the illegal settlements, AIPAC says that the investigation is a “serious setback” to those seeking to negotiate a peace deal.

The Biden administration did denounce the investigation, out of concern for Israel. Secretary of State Blinken:

The United States firmly opposes an @IntlCrimCourt investigation into the Palestinian Situation. We will continue to uphold our strong commitment to Israel and its security, including by opposing actions that seek to target Israel unfairly.

Neither the U.S. nor Israel is a signatory to the Rome statute on which the ICC was established. Palestine is, and initiated this case.

“This is definitely a bad day for the state of Israel,” Daniel Reisner, a former Israeli army lawyer, said on i24 News. He said Israel should build political opposition to the decision. It has a “good chance of creating a coalition of likeminded European states” that would regard the decision as “incredibly divisive.” (Michael Sfard says European states that oppose settlements can’t be counted on to oppose the case.)

Netanyahu condemns the International Criminal Court Prosecutor’s decision to launch a formal investigation of war crimes by Israel and Palestine, March 3, 2021. Screenshot.

Israeli PM Benjamin Netanyahu released an angry statement on twitter calling the decision “absurd” and “undiluted antisemitism and the height of hypocrisy” aimed at the “one and only” Jewish state– and what about Iran!

[The ICC] decided that our brave soldiers who take every precaution to avoid civilian casualties against the worst terrorists in the world… it’s our soldiers who are war criminals.

Netanyahu denied the settlements angle and played the Holocaust card.

They said when we build a house in our eternal capital of Jerusalem– it’s been our capital for 3000 years, that too is a war crime.

This court which was established to prevent the repetition of the Nazi horrific crimes committed against the Jewish people is now turning its guns against the one and only state of the Jewish people… Of course, it turns a blind eye against Iran, Syria and the other dictatorships that are committing real war crimes left and right..

Israelis are fearful about the decision’s effect on Israeli officials. Gabi Ashkenazi, foreign minister, characterizes the decision as “antisemitic” and tries to rally political support against the potential arrest of Israelis.

We call on countries that want to protect the international legal system from politicization, to reject this decision & to not cooperate with it.

Ashkenazi pipes the AIPAC line about negotiations. “This decision will lead to polarization between IL & Palestinians & distance the dialogue that is necessary to resolve the conflict.”

Reuters reported yesterday that Israel has anticipated the move by warning officials about international travel and saying it will provide legal assistance. That could be 100s of officials.

Asked by Reuters how many Israelis, including himself, might expect to be subject to arrest should the probe lead to criminal investigations, [Defense Minister Benny] Gantz said: “I guess several hundred, but we will take care of everybody.”

Here is a podcast done yesterday on the hopes of the ICC prosecution by Yousef Munayyer and Noura Erakat.

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Hope the ICC will not be intimidated by the “enrage” shown by Bibi, the man who should be afraid of war crimes being revealed, and his servants who pretend they are Americans while putting Israel over their own country, looking after Israel’s interests, and try to find “anti-semitism, when sometimes there is none, just to shut criticism not of their own country, but of an occupier.

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Breaking: California Judge Rules Against Attempts to Silence Palestinian Activist

Washington, D.C. | http://www.adc.org | March 3, 2021 – “The American-Arab Anti-Discrimination Committee (ADC) welcomes the decision by a California court to reject and dismiss a lawsuit which attempted to silence and intimidate Ms. Suhair Nafal, a Palestinian community member and activist. In September of 2020, Ms. Nafal contacted ADC for assistance after being served with a defamation lawsuit brought forward by a former IDF Solider, Rebecca Rumshiskaya. Attorney Haytham Faraj, an ADC National Board Member, agreed to represent Ms. Nafal, and worked aggressively to get this victory. 

“The judge ruled against the former IDF solider, and in favor of Ms. Nafal. The judge also granted Ms. Nafal’s Anti-SLAPP Motion, awarding her legal fees, which must be paid by the plaintiff. Anti-SLAPP laws are intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their First Amendment rights. The judge’s opinion in the case of Rumshiskaya vs. Nafal can be read here. The Judge’s decision and opinion is a categorical rejection of the attempt by Israelis and their American agents to silence American citizens rights to free speech, particularly political speech.

“Ms. Suhair Nafal expressed, ‘As an activist for Palestine I’m very pleased with this decision. As an American, I’m appalled that foreign Israeli interests attempted to uproot the First amendment. I’m sure this won’t be their last attempt, but we must all stand strong. Thanks to Attorney Haytham Faraj and ADC for their unwavering support.’

ADC National President Samer Khalaf states, ‘We take any attempt at silencing our community members seriously. We will do our part to uphold the First Amendment rights of all our community members, including supporting BDS. We will not tolerate any entities, foreign or domestic, who aim at silencing our voices. We commend Ms. Nafal for her resilience during this case, and we thank Attorney Haytham Faraj for his steadfast commitment to ensuring justice.'” (cont’d) 

“Ashkenazi pipes the AIPAC line about negotiations. “This decision will lead to polarization between IL & Palestinians & distance the dialogue that is necessary to resolve the conflict.”

Let’s see, I’m pretty good at physics, but I’m not sure you can ‘distance the dialogue’ when you are already at infinity!

Israeli PM Benjamin Netanyahu released an angry statement on twitter calling the decision “absurd” and “undiluted antisemitism and the height of hypocrisy” aimed at the “one and only” Jewish state– and what about Iran!

[The ICC] decided that our brave soldiers who take every precaution to avoid civilian casualties against the worst terrorists in the world… it’s our soldiers who are war criminals.

Netanyahu denied the settlements angle and played the Holocaust card.

They said when we build a house in our eternal capital of Jerusalem– it’s been our capital for 3000 years, that too is a war crime.

This court which was established to prevent the repetition of the Nazi horrific crimes committed against the Jewish people is now turning its guns against the one and only state of the Jewish people… Of course, it turns a blind eye against Iran, Syria and the other dictatorships that are committing real war crimes left and right..

  • – Anti-Semitic conflation of Israel with all Jews.
  • – Promoting Zionist “ancient / eternal / historic / ancestral / lost / one true homeland” myth-history bullshit.
  • – Pimping out the Holocaust as a “human shield” against accountability for past and on-going (war) crimes committed.
  • – Bald-faced Zionist lying.
  • – Whataboutism.

Bibi shows us why he is the bona fide King of the (Zionist) Kooks.

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Attorney Haytham Faraj explained, “This is an important victory in preserving our communities’ First Amendment rights to free speech, including political speech. The judge made it abundantly clear that these attempts to silence & intimidate activists will be rejected. By granting Ms. Nafal the Anti-SLAPP, the judge sent a clear message that America is a country that tolerates & values diversity of opinions and political views, and those that seek to improperly silence political criticism will have a price to pay. America is not Israel. The former Israeli soldier who sued Ms. Nafal sought to have the court apply Israeli law which punishes criticism of Israel by up to one year in prison. The judge rejected the lawsuit & the attempt to apply Israeli law. The Judge stated in his opinion:

“… California law of defamation is shaped in large part by this country’s strong First Amendment right to free speech… “[T]he First Amendment ‘ordinarily’ denies a State ‘the power to prohibit dissemination of social, economic & political doctrine which a vast majority of its citizens believes to be false & fraught with evil consequence.’ …” Thus, the laws of both California & the United States reflect a careful balancing between the “First Amendment’s vital guarantee of free & uninhibited discussion of public issues with the important social values that underlie defamation law & society’s pervasive & strong interest in preventing & redressing attacks upon reputation.”

“California, unlike Israel, does not provide criminal penalties for defamation. (Israel Defamation Law, 1965 (IDL), Chapter B., para. 6: “Those who publish defamation, with harmful intent, to two persons or more except the victim, will be sentenced to one year of jail.”) Also, under California law, truth is an absolute defense to defamation. Under Israel law, truth is a defense only if its publication was in the public interest. (IDL, Chap. C, ¶ 14.)

 “The former IDF solider was represented by a California law firm, whose primary work is focused on silencing & intimidating BDS (Boycott, Divestment, Sanctions) activists, critics of Israeli human rights violations, & violations of International Humanitarian Law. The plaintiff claimed that Ms. Nafal’s Facebook posts defamed & slandered her. Further, the plaintiff asked the California court to apply Israeli defamation law, a request rejected by the court.”