Doc's Talk: Spain's Anti-Semitism: Continuing "Lawfare," Selective Application of the Law

Sunday, November 07, 2010

Spain's Anti-Semitism: Continuing "Lawfare," Selective Application of the Law

Soeren Kern
http://www.hudson-ny.org/1644/spain-anti-semitism-lawfare

Spain has become a haven for anti-Israel lawfare.

Spanish Prime Minister José Luis Rodríguez Zapatero, who makes no secret of his dislike of Zionism, is well known in Spain for his anti-Israel and anti-Jewish outbursts. At a dinner party in the Moncloa Palace (the Spanish White House) in 2005, for example, Zapatero addressed his guests by launching into a tirade of anti-Semitic and anti-Zionist rhetoric that ended with the phrase: "It is understandable that someone might justify the Holocaust." Now, Spanish Foreign Minister Trinidad Jiménez, who took office on October 21, has decided to keep in place the anti-Israel "lawfare" policies of her predecessor, Miguel Ángel Moratinos. The disclosure came after Justice Minister Francisco Caamaño Domínguez and she refused to grant diplomatic immunity from arrest or interrogation to former Shin Bet Chief MK Avi Dichter (Kadima party), who was planning on taking part in a seminar on the Middle East peace in Madrid on October 29-30.

Dichter is being accused of "war crimes and crimes against humanity" by pro-Palestinian activists who are using -- some are saying: abusing -- Spanish courts to prosecute more than a dozen Israeli political and military leaders by means of the legal concept called "universal jurisdiction."

Dichter was forced to cancel his trip to Spain at the last minute over fears he would be arrested and possibly imprisoned by Spanish authorities. Dichter faces legal action in Spain over complaints against him for his involvement in the assassination of Salah Shehadeh, a top Hamas militant, in 2002, when Dichter was head of the Shin Bet security agency, and for his involvement in Operation Cast Lead during the winter of 2008-2009, when Dichter was Israel's Minister of Public Security.

A Spanish non-governmental organization called The Madrid Coalition, together with another group called the Assembly of Cooperation for Peace, invited Israeli and Palestinian representatives to take part in a seminar focusing on the Middle East peace process and the so-called Arab Peace Initiative. The conference organizers invited a small group of Knesset members from Israel to take part in the event, and Dichter was set to lead the delegation. Senior officials from the Palestinian Authority, including Mohammed Dahlan, a senior Fatah security operative, were also invited. Dahlan has been accused of torture during the repression of the Hamas movement during the 1990s, shortly after the establishment of the Palestinian Authority.

Dichter responded sharply to Spain's actions, sending Jiménez a protest letter, which noted that: "It is absurd that representatives from the Palestinian Authority, who worked within the Palestinian security mechanism with God knows what kind of record, meet with no difficulties when they arrive in Spain. The Spanish must take responsibility for the situation and I am optimistic that we will find a solution."

Dichter told the Spanish center-right newspaper El Mundo: "It is not my personal problem, but rather one of how an Israeli deputy can be detained for an operation against an arch-terrorist such as Shehadeh. I regret the deaths of civilians, but it is not easy to act against terrorists who hide among the population."

The open-ended interpretation of universal jurisdiction has led to massive abuses of the Spanish legal system by groups that are out to pursue a political agenda, and by media-savvy activist judges, who are more interested in scoring political points than in upholding the law. At one point in mid-2009, judges at the Spanish National Court were pursuing more than a dozen international investigations into suspected cases of torture, genocide and crimes against humanity in places as far-flung as Tibet and Rwanda. But most of these cases had little or no connection with Spain.

Zapatero has also sought to restore Spain's traditionally strong ties with the Arab world by ingratiating himself with Israel's enemies. During the Second Lebanon War, for example, Zapatero participated in an anti-Israel rally where he wrapped himself in a Palestinian kaffiyeh (scarf) and gratuitously accused Israel of using "abusive force that does not protect innocent human beings." Just for good measure, Zapatero then dispatched Moratinos to Syria, a move the Israeli foreign ministry said proved that the Spanish government was "closer to Hezbollah terrorists than to the Israeli government."

Zapatero, who refuses to visit Israel (even as the two countries commemorated 20 years of diplomatic ties in 2006), also refers to the Israeli-Palestinian conflict as a "cancer" that is metastasizing into all the other conflicts in the region. As a disciple of postmodern moral equivalency, Zapatero naturally believes the "cancer" is Israel, not Islamic terrorism.

The anti-Israel rhetoric in Spain has become so pronounced in recent years that lately even newspapers traditionally favorable to Israel have been switching sides. In August 2009, the center-right newspaper ABC published a "moral equivalency" article titled "Iran and Israel: Obama's Ticking Time Bomb." Quoting anonymous sources, the article gives readers the impression that Israel is somehow more dangerous than Iran.

And in July 2009, the center-right newspaper El Mundo refused to publish a letter submitted by the Israeli ambassador to Spain, who was attempting to refute a string of inaccuracies in a story the newspaper published about Israel.

The problem of unequal application of the law in Spain, as practiced in one-sided "lawfare" against only Israel, is not new. In July 2010, three Spanish activists who were on board the Gaza aid ships that were raided by Israeli commandos on May 31 filed a lawsuit against Israeli Prime Minister Benyamin Netanyahu, six members of his cabinet and a senior military officer for "war crimes and crimes against humanity."

Laura Arau, David Segarra and Manuel Espinar Tapial, who lodged the complaint at Spain's National Court (Audiencia Nacional), claim they claim they were illegally arrested in international waters, tortured and forcibly removed to Turkey. The 86-page lawsuit was filed on behalf of the three plaintiffs by a non-governmental organization called the Arab Cause Solidarity Committee, which is based in Madrid.

In addition to Netanyahu, the lawsuit names as defendants Israeli Defense Minister Ehud Barak, Foreign Minister Avidgor Lieberman, Intelligence Minister Dan Meridor, Deputy Prime Minister and Minister for Strategic Affairs Moshe Ya'alon, Interior Minister Eli Yishai, minister-without-portfolio Benny Begin, and Navy Vice Admiral Eliezer 'Chiney' Marom.

According to the lawsuit, the plaintiffs were "illegally detained, forcibly moved into Israel and deported to Turkish territory outside the provisions of international law." However, most of the rest of the complaint is framed within the broader context of the overall Palestinian cause, which reveals the politically motivated nature of the lawsuit.

The Spanish National Court is now deciding whether or not the lawsuit is admissible. In June 2009, the Spanish parliament passed a law to limit judges from pursuing cases of torture or war crimes committed abroad under the concept of universal jurisdiction. Spanish law previously enabled investigators to probe alleged human rights crimes regardless of where they were committed or where the defendants lived.

Under the new restrictions, cases involving universal jurisdiction can be pursued in Spanish courts only if they involve Spanish citizens. The lawyers in this latest case argue that the Spanish court has jurisdiction precisely because the three plaintiffs are Spanish citizens.

In April 2010, the Spanish Supreme Court upheld a decision by the Spanish Court of Appeals against conducting an investigation of seven current or former Israeli officials over the air attack in Gaza that killed Shehadeh. It remains unclear why Jiménez refused to guarantee Dichter's immunity in this case.

As for Moratinos, he was summarily removed from his post after Zapatero, plunging in popularity as he fights an economic crisis, announced a surprise cabinet shake-up on October 20.

During Moratinos' six-year tenure as foreign minister, relations between Spain and Israel slumped to their lowest level since bilateral relations were established in 1986. So low, in fact, that Israel now has better ties with Arab countries like Egypt, Jordan or Morocco than it does with Spain.

Moratinos often raised eyebrows over his consistently antagonistic stance toward the Jewish state. Arguably the most damaging initiative in his long-running political and ideological confrontation with Israel involves a plan for the European Union to recognize a Palestinian state — possibly as early as October 2011 — even if negotiations for a permanent settlement between Israel and the Palestinian Authority are not concluded.

Since becoming foreign minister in 2004, Moratinos also tried to maintain the fiction that Spain is uniquely qualified to be an impartial mediator in the Middle East, even while Zapatero repeatedly made headlines for his fixation with the Palestinian "resistance."

If her handling of the Dichter case is any indication, Jiménez has signalled that she has no intention of changing the anti-Israel policies set in place by her predecessor Moratinos, and sanctioned by her boss, Zapatero himself.

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

Doc's Talk