Date : 12/5/2013 10:07:45 AM
From : "דון אבישי"
To : "Naama Weinberg"
Subject : Examples of Delegitimization of Israel's Judiciary

Hi Naama, 

Here are a few documents that reflect the "delegitimization" of the Israeli Supreme Court and the Israeli judiciary as a whole in the international sphere. Let me know if you need held translating, or if you would like me to rewrite this in a different format.

Avishai

1) An extensive September 2011 report by the International Federation for Human Rights (FIDH), titled "Shielded From Accountability: Israel's Unwillingness to Investigate and Prosecute International Crimes." FIDH's members in Israel include Adalah, ACRI, B'tselem, Al Haq, and Palestinian Center for Human Rights (PCHR). The report is especially important because the second-to-last page notes that "this publication has been produced with the assistance of the European Union.http://www.fidh.org/IMG/pdf/report_justice_israel-final.pdf

2) A July 2013 report by the Israeli NGO Yesh Din, which seriously questions the independence and rigorousness of the Israeli judiciary in punishing soldiers who have committed war crimes. http://www.yesh-din.org/userfiles/file/Reports-English/Yesh%20Din%20-%20Lacuna%20Web%20-%20English.pdf

3) The Republic of Comorros's referral of the Mavi Marmara incident to the International Criminal Court (13 May 2013). The referral attacks the idea that the "complementary" test should bar an ICC investigation into Israel's actions, stating that "the highly political and sensitive nature of Israeli socio-political reality on the ground does not enable the Israeli legal system to act independently and pursue and try those responsible." http://www.icc-cpi.int/iccdocs/otp/Referral-from-Comoros.pdf

4) The 2008 Canadian case of Bil'in Village Council v. Green Park. The case deals with a Canadian company that assists Israel in building settlements and villages in the West Bank. The case claims that the suit must be brought in Canada--rather than Israel--because Israel's judiciary is unwilling to seriously investigate violations of international law in the West Bankhttp://www.alhaq.org/attachments/article/185/Bilin-Green%20Park.pdf