Israel Wages Lawfare Against Gaza Flotilla

Rick Perry, Texas Gov.

The group also approached Gov. Rick Perry of Texas, who obligingly wrote a letter to Holder suggesting that the flotilla passengers might be prosecuted as Neutrality Act violators and terrorism supporters.

Dershan-Leitner explains the passion behind Perry’s support: “I once spoke at a mission that Perry took part in, in Israel. And he approached me and said ‘I love what you do. It’s amazing what you do. If you ever need help combating Israel’s enemies, I’m here to assist.’”

Shurat HaDin harasses targeted groups with litigation so that they become ineffective or, even better, bankrupted by legal costs. Shurat HaDin was also behind the filing of a lawsuit in Greece claiming, incorrectly, that the flotilla ships were engaged in hostilities and also that they had not complied with Greek safety regulations. The suits in New York and Athens were palpably of doubtful validity, but once the legal process started grinding, all that was needed was a friendly judge in either location to jeopardize the sailing.

Nitsana Darshan-Leitner

The Greek government, needing a friendly White House to avoid economic default, was happy to oblige. Responding to the Shurat HaDin lawsuit, the Greek minister of civil protection declared that Gaza was an “illegal” destination port for ships departing Greece. He then ordered a meticulous inspection of the vessels in the flotilla, grounding six or seven over contrived safety issues.

Shurat HaDin’s website claims that it is “fighting for the rights of hundreds of terrorist victims.” In its relentless assault on the Gaza flotilla, it also went after private companies that would provide goods and services to the vessels involved. Intimidation was the name of the game. It boasted, “We are continuing our legal battle against the Islamic terrorists and extremist NGOs organizing the naval flotilla to the Hamas-controlled Gaza Strip. Last week we targeted the international insurance companies … [and] today … Shurat HaDin sent warning letters to the UK- and U.S.-based global satellite company INMARSAT, stating that it may be liable for massive damages and criminal prosecution if it provides communication services to ships used by suspected terror organizations in the Gaza flotilla planned for late June.”

Israel’s lawfare center has now expanded its activities by initiating legal action against its own citizens and foreigners connected to any and all flotillas. In 2010, Shurat HaDin petitioned the courts to hold indefinitely all detainees captured during that year’s tragic flotilla, which was intercepted by Israeli commandos, who killed nine Turks on the grounds that they were terrorist supporters. The courts rejected the demand, so Shurat Ha Din tried again. This year, on June 29, it supported the filing in Israeli courts of a “private criminal prosecution” against 13 named passengers who sailed on the flotilla of 2010. The suit contends that the 13 supported terrorist activity by being part of the flotilla.

Curiously, the suit was filed not by Shurat HaDin but by two individuals who claim to be reserve soldiers and who contend that they and their colleagues would be placed at risk by flotillas and might be subject to unprovoked attack while going about their military duties. The intention is clearly to create a legal precedent that any and all flotillas and similar humanitarian efforts should be regarded as support of terrorism, which would permit the Israeli government to bring terrorism charges against all the individuals involved. It would also permit friendly governments like the United States to follow up with their own prosecutions.

To their credit, the Israeli courts appear to be disinclined to proceed with a criminal case against the 13, none of whom is currently in Israel, and there are certain anomalies in the presentation. The alleged terrorist entity that is being supported and is the target of the petition is clearly Hamas, but the group is never named. Also, the two plaintiffs, Lior Tsuker of Kibutz Alon and Or Yirmihau Lipman of Tel Aviv, cannot be positively identified by independent investigators. According to court documents, the two plaintiffs claim that they are acting on behalf of the active-duty soldiers who were involved in stopping the flotilla who cannot be named because doing so would invite retaliation in the form of their identities appearing on lists of war criminals maintained in various jurisdictions in Western Europe, an indication that lawfare can sometimes work in two directions.

Amid all the sound and fury, it is important to recall that none of the vessels involved in the 2010 flotilla incident ever reached either Israeli or Gazan territory. They were intercepted in international waters. At that point, the passengers and crews had done absolutely nothing, illegal or otherwise. When the boats were hauled into the port of Ashdod, no weapons were found on any vessel.

Defining the flotilla’s organizers as terrorism supporters is a cheap trick, but if it passes muster in Israel, all it takes is an American judge or prosecutor to buy into the argument and bring about an indictment of any American citizen who tries to break Israel’s Gaza blockade. Eric Holder would hardly object, and it is not unimaginable that the Justice Department would make criticism of Israel de facto and de jure a crime in the United States. Could the accused be convicted in an American court “of terrorism support” given that they had done nothing illegal, particularly in light of their First Amendment rights? Maybe not, but stranger things have happened in the past 10 years. Since lawfare as practiced by Shurat HaDin is little more than an instrument to intimidate and threaten, dragging flotilla participants into court and forcing them to pay for lawyers will be seen as a victory. More disturbing than the actions of obvious Israeli partisans like Nitsana Darshan-Leitner is the willingness of the Obama administration to go along with the charade and the enthusiasm of Republican governor and presidential wannabe Rick Perry to join in. When the U.S. criminal justice system falls in line and plays the Israeli game, we will all be in trouble.

Original source: Antiwar


Philip Giraldi, is a former CIA counter-terrorism specialist and military intelligence officer who served 18 years in Turkey, Italy, Germany, and Spain. He was Chief of Base in Barcelona from 1989 to 1992, and designated as the Agency’s senior officer for Olympic Games support. Dr. Giraldi holds an MA and PhD from the University of London. He speaks Spanish, Italian, German, and Turkish. He is also Executive Director of CNI ( the Council for National Interest)

FREEDOM FLOTILLA SOLIDARITY DEMONSTRATION

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