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Jun-20-2011 16:14printcomments

HaDin Shurat Files Lawsuit Against Perceived Hamas Supporters

Israel's latest effort at blocking the humanitarian aid mission Freedom Flotilla II...

One of so many published photos of the real story in Palestine, and Israel's version of a Palestinian terrorist.
One of so many published photos of the real story in Palestine, and Israel's version of a Palestinian terrorist.

(WINDSOR, N.H.) - On June 16, 2011, HaDin Shurat (SH), the Israeli Legal Center, an Israeli based “civil right” organization led by Nitsana Darshan-Leitner (who calls herself a Human Rights Advocate) and calling itself the “world leader in combating the terrorist organizations and the regimes that support them through lawsuits litigated in courtrooms around the world.” , filed a civil action, attempting to invoke the US Neutrality Act, to force seizure of all ships involved in the Freedom Flotilla II-Stay Human effort and prevent them from sailing.

The action http://k6.bp.sl.pt was filed in the United States District Court (Southern District) on behalf of Dr. Alan J. Bauer who, along with his son, was injured in a bombing back in 2002 in Jerusalem.

In order to characterize their lawsuit so that it conforms to the letter and intent of the Neutrality Act (a little used act from the 1800's), (SH) has stretched common knowledge and reality to such an extent that their lies create a wishful fantasy rather than legally defensible “facts”.

Additionally, SH has sent letters http://k7.cy.sl.pt threatening major maritime insurance companies with civil litigation should they insure any of the Flotilla vessels and has levied the same threats against primary communications company, Inmarsat http://k8.6k.sl.pt. To date, only Lloyds of London has directly responded stating they will not insure any of the vessels. A France based company has implied that it is not insuring a vessel slated to leave a port in Marseilles.

Inmarsat, essentially, told SH to pound sand as none of the vessels is registered to Hamas or any other named “terrorist” organization http://k8.6r.sl.pt. SH is asking the public to inform on the whereabouts of the Flotilla ships and to identify any insurance companies that may insure the vessels. It has provided sample letters to forward to Eric Holder, and Inmarsat.

For the sake of brevity, please read the cited materials. I have attached a copy of my personal letter to Mr. Holder which, I believe, responds to the distortions, false implications and purposeful deceptions employed by SH in characterizing their suit.

Dear Attorney General Eric H. Holder, Jr.:

I am aware of recent lawsuits filed against the Freedom Flotilla II-Stay Human by HaDin Shurat on behalf of  Dr. Alan Bauer. As a Jewish-American citizen, I wish to express my hope that this suit be dismissed on the following grounds:


  1. Precedents have been established in allowing humanitarian aid vessels into the port of Gaza, by Israel, in that Israel has previously allowed, 5 times, such vessels to dock, unrestricted, at said port and deliver their cargoes of humanitarian aid. These vessels and their crews were not falsely characterized as “violent and/or militant”, “anti-Israel”, or any other designation other than humanitarian.

  2. Numerous investigations by UN commissions and NGO human rights groups have been completed which clearly find Israel to be in errant use of naval blockades so as to impose collective punishment against the Palestinian people of Gaza.

  3. Israel claims that it no longer occupies Gaza which, in itself, poses numerous legal questions as to the legitimacy of the blockade.

  4. Israel makes no claim defining its conflict with Gaza leaving it unclear as to the proprietary use of a blockade. From all appearances, it would seem that Israel is at some manner of conflict with Hamas, an organization without a recognized state, and is inflicting severe punitive damages against a people who are not member of Hamas.

  5. In 2006, Dov Weisglass, then top advisor to then PM Ehud Olmert, stated, “The idea is to put the Palestinians on a diet, but not to make them die of hunger, “. A State Dept. memo, showing that the US was aware of Israel's intent, stated, “As part of their overall embargo plan against Gaza, Israeli officials have confirmed to (US embassy economic officers) on multiple occasions that they intend to keep the Gazan economy on the brink of collapse without quite pushing it over the edge,”. These are clearly statements demonstrating collective punishment of the Gazan citizens. Human Rights groups and the UN report that the situation in Gaza has reached crisis point and that children are, in fact, suffering from malnutrition and the presentation of myriad diseases stemming from this. Despite claims from Israel about a “booming” Palestinian economy, the unemployment rate in Gaza remains over 40%, there is insufficient infrastructure to support any economy, and increased assault upon fisherman within the arbitrary 3 mile limit imposed by Israel prevent families from supplying food to themselves, let alone making a living from the sea. It must be noted that the 3 mile limit is insufficient for any form of commercial fishing as the habitat for such fish is beyond 6 miles and the severely damaged sewerage system of Gaza pours detritus directly into the limited fishing area. It should be further noted that Israel systematically destroys crops, planted and tended by Palestinians, at the time of harvest in a blatant attempt to deny them food and commerce.

  6. Israel claims improved transfer of humanitarian aid to Gaza through its crossing at Karem Shalom, however, the amount has yet to exceed ¼ of what is needed to sustain the population. Too, the inconsistency which has been noted since the beginning of the blockade persists. One day cans of goods are allowed and then they are barred. One day certain spices are allowed and then, they too, are barred. This applies to nearly every item that is slated to cross the border. Materials to rebuild the infrastructure of Gaza are, with very rare exception, always barred. Children, attempting to gather cement by crushing the rubble of destroyed buildings or rebar or metal tubing are fired upon by Israeli soldiers.

  7. The latest claim of goods being able to cross at Rafah are false. I have personally been in contact with friends in Rafah who state it remains difficult to get people through the crossing, never mind getting any material or supplies through.

  8. The Mavi Marmara has been withdrawn from the Flotilla.

  9. I suspect there is little, if any evidence that will be brought forward in this suit showing US funding of all the ships named. This is, in my opinion, a feeble attempt to blanket all ships under a perceived US funding. There is, in fact, only one ship originating from the US.

  10. In Statement of Fact Number 10, it states. “Thereafter, in order to limit Hamas' ability to receive material support enabling it to carry out such attacks, the State of Israel imposed a maritime blockade on the strip.”. It is nowhere explained how food, clothing and medicine, medical equipment, agricultural tools, etc. fit in with this premise. This is a false statement in light of the reality of the blockade.

  11. Further false statements are made in claiming the listed organizations as “anti-Israel”, “violent and/or militant”. This is political posturing absent any genuine fact. These organizations have made it clear from their charters and actions that they are opposed to the illegal occupation and blockade of Gaza and the abuses of the Palestinian people. Those are not statements of being “anti-Israel”, which is, I suppose, the attorney's way of saying “anti-Semitic” . It is a fact that these organizations are committed to peaceful resistance to the impositions and illegal manifestations of the Israeli government. In can be demonstrated that it is, in fact, the Israeli government that is anti-Palestine, violent and/or militant through hours and hours of video footage showing the IDF firing upon and brutally beating unarmed protesters, beating children and pulling them from their homes in the middle of the night, assaulting media people and more.

  12. The suit makes further far reaching statements in claiming that the efforts of these organizations are intended to assist and support Hamas. Their intentions are to assist and support the people of Gaza and are in no way intended to support Hamas. In fact, many within these organizations make no bones about their personal distaste and dissatisfaction with Hamas. Again, these statements are political attempts to blanket all under one banner to serve a false impression in characterizing this lawsuit.


It is my hope that you will consider the above in relation to this lawsuit, realize the political intent and false characterizations used to construct this lawsuit and, ultimately, see just cause to deny the plaintiff's action. The Palestinian people do not deserve to be punished for the disputes between Israel and Hamas. It is enough that their lands have been systematically taken from them and that 1.6 million of them have been forced to live on such a small strip of land. The current situation does not allow them to minimally sustain themselves independently on that small strip. The blockade is inhumane and must be abolished.


This lawsuit serves only to support continued suffering.


Sincerely,



M. Dennis Paul, Ph.D.

__________________________________

M. Dennis Paul, Ph.D. is a Counselor and Conflict Resolution Specialist/Consultant (Mediation/Arbitration/Facilitation) (20+ yrs).

He is the Creator of Thought Addiction programs (Lectures Seminars & Workshops) (Intensive 21 day Addiction Recovery Programs designed for Artists, Actors, Musicians & Industry Leaders) residing in New Hampshire (US). (The Website for M. Dennis Paul, Ph.D. is currently under reconstruction) Contact: mdp54@gsinet.net 1-603-478-1544




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