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Bush, Sharon and US defense contractors sued |
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By Barbara Ferguson,
Arab News Correspondent WASHINGTON, 21 July — A Washington-based human rights group filed a
lawsuit this week against Israeli Prime Minister Ariel Sharon, President
George Bush, Secretary of State Colin Powell and United States defense
contractors as well as some Christian and Jewish organizations that are
financially supporting the development of an illegal settlements in the
Palestinian Occupied Territories. The suit was filed for punitive damages and injunctive relief
specifically demanding that the president and the secretary of state
"cease providing military assistance to Israel until they have
reported to Congress the misuse of American military assistance by
Israel," as required under the Arms Export Control Act of 1976 on
behalf of 21 Palestinians, most of them United States citizens. "These plaintiffs are not militants even by Israel’s
definition. None committed any crimes, before their houses were
destroyed, killed, or assaulted.... ," said Attorney Stanley Cohen,
who filed the lawsuit this week for Solidarity International for Human
Rights, a non-profit Palestinian-American organization based in
Washington. The suit claims that "the state of Israel and its allies have
engaged in genocide, crimes against humanity, war crimes, extra judicial
killings, torture, arbitrary arrest and detention, wrongful death,
battery, assault, false imprisonment, intentional infliction of
emotional distress, negligence per se, trespass, and conversion during
the massacres of Sabra and Shatila refugee camps from Sept. 16-18, 1982
until what is occurring to the present day." Cohen, head of Solidarity’s team of lawyers, said the state of
Israel has continued its assault against the Palestinian people and is
the leading "sponsor of terrorism" in the world today. In addition, he added, "the plaintiffs have suffered significant
losses of life (of loved ones), limb, family, or property as a result of
the continuing illegal acts of Israel and its armed forces or settler
populations in the Occupied Territories, and in Sabra-Shatila twenty
years earlier." Cohen, who filed the a 140-page complaint in the United States
District Court for the District of Columbia, said the significance of
the lawsuit "is that it challenges the notion that the Western
world always lives by the rule of law even while it has remained silent
regarding the atrocities against the Palestinians." The suit is not a class action, but Solidarity and Cohen say they
plan to soon seek class action status on behalf of all the plaintiffs
next month. The current plaintiffs are individual United States citizens
or resident aliens, all of whom are Palestinian-Americans. According to Solidarity, the plaintiffs claims arise out of torture,
killing, and destruction of property by and with the support of the
Israeli and United States governments, named leaders of these
governments, named military corporations, named organizations, including
one Israeli settlement and one Christian church, and named individual
defendants. Among the defendants are the state of Israel, Ariel Sharon, Natan
Sharanski, Shimon Peres, George Bush, Colin Powell, the Boeing Company,
McDonnell Douglas Helicopter Systems, the Halamish/Neve Settlement,
Christ Lutheran Church, Central Fund for Israel, Rabbi Yosef Adler,
Arnon Hiller, Joav Merrick, Ruth Kohn, Jay Marcus (the last eight of
which are designated collectively as the "Settler
Defendants"). In response to the expected filing, the Israeli Knesset passed a bill
this week to protect Israel, its leaders and citizens from being subject
to legal penalties based on any actions related to the Palestinians.
They defined military actions as wide enough to encompass any activity
in Palestinian areas including home demolitions, building roads,
confiscating lands, bulldozing trees, and injuring or killing civilians
(regardless of circumstances). "Israel’s response is interesting for two reasons," Cohen
told Arab News yesterday in a telephone interview. "First, they
have always deemed themselves above the law when it comes to the rights
of Palestinians, and immune from suit by Palestinians for damages in the
Occupied Territories. "As a matter of law, it is interesting, because prior to this
bill, the existing law pretty much gave them carte blanche to do what
they wanted," said Cohen. "Finally, it really doesn’t matter
what they do in term of their protection in Israel, that law doesn’t
apply in the US. The fact that they say that they are immune from suit
against Palestinians, relative to the Intifada, may apply in Israel, but
it doesn’t stop a US court from finding, to the contrary." The plaintiffs are being allowed to file under pseudonyms, Cohen
said. "The judge has granted the motion, which means that he met
our burden of proof that these people, if named, could have faced
retaliation by the IDF in the territories." Cohen said they also plan on bringing an action asking the court to
freeze the weapons delivered from the US to Israel. "Their
helicopters, their jets, their F-16’s. We think we have the law on our
side." |