19 December, 2009
Last week a lawyer working for a Palestinian activist organisation sought an arrest warrant against the Israeli Opposition Leader, Ms. Zipi Livni, under the International War Crimes And Crimes Against Humanity’s Universal Jurisdictions provisions, in relation to her alleged part in the Israeli Cast Lead operation in Gaza last January.
Although it is apparent to any fair minded person that it was, what is known in Legalese, a frivolous claim, the Westminster Court granted the request and issued an arrest warrant for the Opposition Leader who was due to visit London on a private capacity (hence not entering on a diplomatic passport).
Apparently the Universal Jurisdictions of British law permits any person to bypass the prosecutor and request arrest of any person, for alleged war crimes, something which is not permitted under any other Law.
(the arrest warrant was subsequently withdrawn when it transpired that Ms. Livni would not come to London).
This case is not about war crimes, it is not even about intimidation of Israeli officials and it certainly not about Zipi Livni. This case is about political correctness riddled justice system, which is not uniquely British.
We don’t know who was the judge that stupidly granted that frivolous warrant which, rely on liberal media reports and left wing blogs as something that vaguely resembles evidence. I wonder how many arrest warrants request for common criminals this very judge declined the Metropolitan Police for lack of sufficient evidence or for a missing comma somewhere on the applications form? Just a thought!
This is not the first time that activists Eurabian judges issuing arrest warrants against Israeli officials. In 2000 a Belgian judge had issued an arrest warrant against Ariel Sharon which was subsequently ruled by the International Court of Justice in Hague as contravening international law and ordered to be withdrawn.
In 2005, Maj. Gen (ret) Doron Almog ( a retired IDF Chief Of Stuff) was tipped that there is an arrest warrant against him for “war crimes” as he landed in Heathrow Airport. The general escaped arrest by remaining on the (El-Al) plane and return with it back to Tel-Aviv.
Last September (2009), an arrest warrant was sought against Israel Defence Minister and Deputy PM, Ehud Barak, whilst in London on official duties but deputy district judge Daphne Wickham, whilst accepting Mr Barak’s diplomatic immunity said that the allegation of war crimes (in Gaza) were well documented (oh really?).
Hey Charley, how many MUSLIM terrorists were arrested and trialled in Europe? How many? I thought so!
Most of the Palestinian terror organisations openly kept offices in London, came and went as they pleased using diplomatic passports issued by Arab countries (Libyan and Syrian mostly)
Have you ever wonder why, despite Israel being culturally closer to Europe than any Arab country, why is the European policy towards Israel so negative and different from America’s? The answer lies in three letters EAD, the European-Arab Dialogue. In her book Eurabia, Bat Yeor describes the EAD as:
The Euro-Arab Dialogue (EAD) began [in 1973] as a French initiative composed of representatives from the EC [now EU] and Arab League countries. From the outset the EAD was considered as a vast transaction: The EC agreed to support the Arab anti-Israeli policy in exchange for wide commercial agreements. The EAD had a supplementary function: the shifting of Europe into the Arab-Islamic sphere of influence, thus breaking the traditional trans-Atlantic solidarity.
Can you now understand the ease by which an arrest warrants are issued against Israelis in Europe compare with the wheeling and dealing in an attempt to bring the Sudanese president Omar Hassan Ahmed Bashir to justice for his involvement with genocide in Darfur? Sure you can!
Don’t get me wrong, I am NOT opposed to universal jurisdiction for REAL war crimes and REAL crimes against humanity that was put in place to overcome the ability of REAL criminals to escape justice in countries with a weak or nonexistent legal systems. What I am incest about is the hijacking of universal jurisdiction by the human rights industry and the PC brigade.
The British government undertook to amend their laws to ensure that universal jurisdiction cannot be abused political activism. We shall patiently await the outcome. But bear in mind that, when (and if) the Brits will close the loophole, the problem will simply shift into another country in Eurabia that adopted the universal jurisdiction, not all EU members have.
The term crime against humanity is a modern version of an old legal term hostis humani generis, Latin for: the enemies of mankind (before it was politically corrected to “humankind”) that originated in the first true international Law, the Admiralty Law .
The Admiralty Law specifically referred to sea piracy as hostis humani generis. Slave trading was added to the definition some time later but recent attempts to include terrorism so far failed due to the objection of the Non-Aligned Movement (NAM), the under-developed countries bloc in the UN which control the voting of the General Assembly and in turned is itself controlled by Organisation of Islamic Conference (OIC), surprise, surprise.
As a matter of interest, the Admiralty Law was introduced by Eleanor of Aquitaine (Richard the Lionheart’s mother) in 1160, hardly a new concept.
Whilst the Admiralty Law is still widely used in governing international shipping today, the piracy provisions have been transferred into the Law Of The Sea.
And indeed there is universal jurisdiction, albeit not by that name, in the sea piracy provisions of the United Nations Convention on the Low Of the Sea (UNCLOS), Article 105 (in Part IV) says:
Seizure of a pirate ship or aircraft
On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the personsand seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.
[Emphasis are mine]
As you can see both universal jurisdiction and crimes against humanity has their origin in medieval maritime law.
Question: How many captured MUSLIM Somali pirates were brought to justice in British (or any other European) courts under UNCLOS universal jurisdiction? NONE!!!!
I must clarify that Islam is NOT what makes these scum bags Somalis, pirates, there is no evidence of that whatsoever, no Somali pirate has ever board a ship shouting “Allahu Akhbar” but to point that they are getting a “pass” from the EU ships (in particular) BECAUSE they are Muslim.
So the enemy of humanity that cause havoc in international shipping in the Gulf of Aden, the East African Coast and deep into the Indian Ocean go scot free while human rights industry and the PC brigade are busy trying to arrest Israeli dignitaries, whose only “crime” was protecting their civilian population from terror.
Can someone please point out a human right that surpasses LIFE?
Whilst the European politicians, knowingly, or otherwise, mislead their public by saying that there are no legal grounds to arrest MUSLIM Somali pirates, their real concern is that according to the UN Conventions Relating To Status of Refugees, once a pirate is on a European territory (European flagged ships included) they can claim the status of asylum seekers.
Yes my friends, indeed, the inmates are running the asylum.
© Copyrights Jacob Klamer 2009 — all rights reserved