Marlene, please let us know if you have any comments on the draft email to Yitzchak Blum. Thanks.

 

 

Dear Yitzchak,

 

Further to our conversation, please find below a short status update regarding some of the criminal complaints filed against Ms. Livni, including in Belgium, Switzerland, the UK, and South Africa. I've also included a short summary of the troubles Ms. Livni encountered in the past when seeking to travel to South Africa.

 

Belgium-  On 23 June 2010 a criminal complaint was filed in Belgium against Ms. Livni and other senior Israeli officials, alleging that they committed war crimes and crimes against humanity during Operation Cast Lead. The complaint has not yet been closed.  

 

Switzerland- On 29 May 2017, a criminal complaint was filed against Ms. Livni by the Pro-Palestinian NGO, 'Collectif Urgence Palestine', accusing her of having committed war crimes during Operation Cast Lead.

 

In a 27 February 2018 letter, we were informed that the Swiss Federal Prosecutor rendered a no-proceedings order based on art. 310 of the code of criminal procedure, due to the fact that Ms. Livni was not present on Swiss territory at the time of the authorities' review of the complaint. Nevertheless, the prosecutor expressly stated that the proceedings could be reopened if Mrs. Livni were physically present on Swiss territory in the future.

 

UK- On 11 December 2009, UK attorney Daniel Machover and PCHR (Palestinian Center for Human Rights) filed a request for an arrest warrant to be issued against Ms Livni on the basis that she was allegedly responsible for grave breaches of the Geneva Convention during operation Cast Lead. A British Court issued the requested arrest warrant for Ms. Livni, but the warrant was later withdrawn because Ms. Livni was not present in the UK. Another complaint was filed in January 2011, also in connection with operation Cast Lead.

 

On 18 October 2018, Ms. Livni was formally informed by British authorities that the investigation against her had been closed.

 

South Africa- Over the past decade, numerous complaints have been filed in South Africa against various Israeli officials and soldiers in connection with activities occurring in Israel. On 3 August 2009 the NGOs Palestinian Solidarity Alliance and Media Review Network filed a complaint against Ms. Livni, among many other Israeli officials, alleging that the officials were responsible for war crimes in connection with Operation Cast Lead.

 

In 2011, Ms. Livni was planning to travel to South Africa to meet with the Jewish community, but cancelled her trip after attorneys for Palestinian Solidarity Alliance and Media Review Network reportedly launched an urgent high court application seeking Ms. Livni's arrest pursuant to the 2009 complaint that had been filed against her. Palestinian Solidarity Alliance and Media Review Network are reportedly members of the Coalition for a Free Palestine (CFU), which represents a wide range of civil society organizations and trade unions including the South African Council of Churches, South African Young Communist League, South African Communist Party, Muslim Judicial Council, Muslim Students Association, Palestine Solidarity Committee, Palestine Solidarity Group and the Wits University Palestine Solidarity Committee.

 

It was reported in 2011 that the police declined to issue the requested warrant:

 

McIntosh Polela, a spokesman for the Directorate for Priority Crime Investigation (DPCI), also known as the Hawks, said the application by the PSA and MRN had been refused because "there are insufficient grounds for us to obtain a warrant of arrest".

 

Polela confirmed that the DPCI had jurisdiction to obtain an arrest warrant as requested by the two organisations.

 

However, he said that the law required that Livni, who cancelled her visit earlier on Wednesday, be in the country for the DPCI to begin an investigation into the allegations of war crimes against her.

 

"We have concluded that it would be highly irresponsible for us to obtain a warrant of arrest without following the letter of the law," said Polela.

 

http://www.palestinechronicle.com/south-africa-rejects-livni-arrest-call/

 

It is our understanding that the South African authorities do not have an interest in pursuing the case against Ms. Livni, but we would like a better understanding of the current situation in this regard.

 

-         Marlene

 

 

Marlene Mazel Director Foreign& Counter-Terrorism Litigation Department

Department of the Deputy Attorney General (international Law)

Ministry of Justice State of Israel

Office: + 972 (0)3 763 4286 | Cell: +972 (0)50 621 7692

Fax: +972 (0)2 646 7799

 

[email protected]