Spurious case against Palestine activist
Kim Bullimore | 02-Nov-2013
On
29 October, the Israel-based law centre Shurat HaDin filed a case in
the Australian Federal Court against Professor Jake Lynch, the director
of the University of Sydney’s Centre for Peace and Conflict Studies,
over his support of the Palestinian-initiated boycott, divestment and
sanctions (BDS) campaign.
The BDS campaign calls for the boycott of Israeli academic and
cultural institutions that are complicit in the system of oppression
that denies Palestinians their basic rights.
Lynch had been previously targeted by Shurat HaDin, along with
Professor Stuart Rees, when the centre lodged a claim against them and
the BDS campaign with the Australian Human Rights Commission on 31 July.
In both instances, Shurat HaDin has accused Lynch and the BDS
campaign of breaching the 1975 Racial Discrimination Act, which deems it
unlawful to discriminate against a person “based on race, colour,
descent or national or ethnic origin”.
The BDS campaign does not target individuals, businesses or
institutions on the basis of religion, ethnicity or nationality.
Businesses and institutions are boycotted on the basis of their
contribution to human rights abuses, their contribution to the
violations of international law by the Israeli state and military or
their contribution to “rebranding campaigns” that attempt to whitewash
Israel’s human rights abuses and war crimes.
Shurat HaDin claims that Lynch’s support for BDS and his refusal to
sponsor a fellowship application for Israeli academic Dan Avnon from the
Hebrew University violates Australian law.
In December 2012, Avnon approached Lynch for assistance to study
civics education in Australia under a fellowship agreement between the
Hebrew University and Sydney University. Lynch declined to assist Avnon
because of Lynch’s opposition to the fellowship agreement between the
two institutions, not because Avnon was Israeli or Jewish, as Shurat
HaDin claims.
The Hebrew University has a long history of complicity with Israel’s
human rights abuses against the Palestinian people, part of the
university’s Jerusalem campus and dormitories being built on stolen
Palestinian land in violation of the Fourth Geneva Convention.
The university also has strong ties with the Israeli government and
military establishment. A range of Israeli military colleges and
training facilities are the responsibility of the university. It also
has links to Elbit Systems, one of Israel’s largest military companies.
Michael Federman, the chairman of Elbit Systems, is on the Hebrew
University Board of Governors. A September 2012 report to the United
Nations General Assembly named Elbit Systems for its complicity with
Israel’s human rights abuses and war crimes in the occupied Palestinian
territories.
Since its launch in 2005 by 171 Palestinian civil society groups, the
BDS campaign has gone from strength to strength. In response, Shurat
HaDin and a range of other pro-Zionist individuals, groups and
organisations have launched a campaign of “lawfare” to undermine the
rights of pro-Palestine activists to free speech and freedom of
assembly.
Lawfare proponents such as Shurat HaDin regularly use SLAPP suits
(strategic lawsuits against public participation) to try to damage
political opponents by either financially crippling them or tying them
up in court and/or to win public relations victories for the lawfare
proponent.
In most instances, SLAPP suit proponents do not expect to win their
suit. Their primary goal is to prevent public participation and
political activism through intimidation and mounting legal costs.
Shurat HaDin has launched a range of SLAPP suits around the world and
in Australia had previously threatened legal proceedings against both
World Vision Australia and AusAID, the Australian government
developmental aid organisation. It claimed that their support for the
Union of Agricultural Work Committees (UAWC) in Gaza violated Australian
and US counter-terrorism legislation. After conducting an investigation
into the claims, both organisations found that there was no merit
whatsoever to Shurat HaDin’s claims.
Shurat HaDin since its inception in 2003 has claimed to be a “fully
independent non-profit organisation, unaffiliated with any political
party or governmental body”. However, earlier this month, the UK public
investigation group Spin Watch revealed that Shurat HaDin in fact acts
as a proxy for the Israeli government.
In a 5 October Spin Watch article, Tom Griffin and David Miller cited
US government cables opened by WikiLeaks, which revealed that Nitsana
Darshan-Leitner, the founder and director of Shurat HaDin, had
“privately admitted to taking direction from the Israeli government over
which cases to pursue and relying on Israeli intelligence contracts for
witnesses and evidence”.
On 31 October, the Executive Council of Australian Jewry (ECAJ), one
of the key Zionist lobby groups in Australia, which has opposed the
Palestinian BDS campaign and falsely labelled it “anti-Semitic”, issued a
press statement distancing itself from Shurat HaDin’s actions.
ECAJ’s executive director, Peter Wertheim, noted that Shurat HaDin’s
campaign against Jake Lynch was being pursued “merely as a political
tactic”. ECAJ’s attempt to distance itself from Shurat HaDin’s lawfare
campaign against Lynch is no doubt informed by the fact that lawfare
attempts against other BDS activists in France, England, Scotland, the
USA and Australia have failed.
Shurat HaDin’s lawfare attack on Lynch, academic freedom and freedom
of speech has also been condemned by more than 2,000 Australian and
international human rights advocates from more than 60 countries, who
have signed a pledge supporting BDS and offering to be co-defendants in
any legal action taken against Lynch.
The case is scheduled to be heard in the Federal Court on 27 November.
- See more at: http://redflag.org.au/article/spurious-case-against-palestine-activist#sthash.dxiOXUTQ.dpuf
Spurious case against Palestine activist
Kim Bullimore | 02-Nov-2013
On
29 October, the Israel-based law centre Shurat HaDin filed a case in
the Australian Federal Court against Professor Jake Lynch, the director
of the University of Sydney’s Centre for Peace and Conflict Studies,
over his support of the Palestinian-initiated boycott, divestment and
sanctions (BDS) campaign.
The BDS campaign calls for the boycott of Israeli academic and
cultural institutions that are complicit in the system of oppression
that denies Palestinians their basic rights.
Lynch had been previously targeted by Shurat HaDin, along with
Professor Stuart Rees, when the centre lodged a claim against them and
the BDS campaign with the Australian Human Rights Commission on 31 July.
In both instances, Shurat HaDin has accused Lynch and the BDS
campaign of breaching the 1975 Racial Discrimination Act, which deems it
unlawful to discriminate against a person “based on race, colour,
descent or national or ethnic origin”.
The BDS campaign does not target individuals, businesses or
institutions on the basis of religion, ethnicity or nationality.
Businesses and institutions are boycotted on the basis of their
contribution to human rights abuses, their contribution to the
violations of international law by the Israeli state and military or
their contribution to “rebranding campaigns” that attempt to whitewash
Israel’s human rights abuses and war crimes.
Shurat HaDin claims that Lynch’s support for BDS and his refusal to
sponsor a fellowship application for Israeli academic Dan Avnon from the
Hebrew University violates Australian law.
In December 2012, Avnon approached Lynch for assistance to study
civics education in Australia under a fellowship agreement between the
Hebrew University and Sydney University. Lynch declined to assist Avnon
because of Lynch’s opposition to the fellowship agreement between the
two institutions, not because Avnon was Israeli or Jewish, as Shurat
HaDin claims.
The Hebrew University has a long history of complicity with Israel’s
human rights abuses against the Palestinian people, part of the
university’s Jerusalem campus and dormitories being built on stolen
Palestinian land in violation of the Fourth Geneva Convention.
The university also has strong ties with the Israeli government and
military establishment. A range of Israeli military colleges and
training facilities are the responsibility of the university. It also
has links to Elbit Systems, one of Israel’s largest military companies.
Michael Federman, the chairman of Elbit Systems, is on the Hebrew
University Board of Governors. A September 2012 report to the United
Nations General Assembly named Elbit Systems for its complicity with
Israel’s human rights abuses and war crimes in the occupied Palestinian
territories.
Since its launch in 2005 by 171 Palestinian civil society groups, the
BDS campaign has gone from strength to strength. In response, Shurat
HaDin and a range of other pro-Zionist individuals, groups and
organisations have launched a campaign of “lawfare” to undermine the
rights of pro-Palestine activists to free speech and freedom of
assembly.
Lawfare proponents such as Shurat HaDin regularly use SLAPP suits
(strategic lawsuits against public participation) to try to damage
political opponents by either financially crippling them or tying them
up in court and/or to win public relations victories for the lawfare
proponent.
In most instances, SLAPP suit proponents do not expect to win their
suit. Their primary goal is to prevent public participation and
political activism through intimidation and mounting legal costs.
Shurat HaDin has launched a range of SLAPP suits around the world and
in Australia had previously threatened legal proceedings against both
World Vision Australia and AusAID, the Australian government
developmental aid organisation. It claimed that their support for the
Union of Agricultural Work Committees (UAWC) in Gaza violated Australian
and US counter-terrorism legislation. After conducting an investigation
into the claims, both organisations found that there was no merit
whatsoever to Shurat HaDin’s claims.
Shurat HaDin since its inception in 2003 has claimed to be a “fully
independent non-profit organisation, unaffiliated with any political
party or governmental body”. However, earlier this month, the UK public
investigation group Spin Watch revealed that Shurat HaDin in fact acts
as a proxy for the Israeli government.
In a 5 October Spin Watch article, Tom Griffin and David Miller cited
US government cables opened by WikiLeaks, which revealed that Nitsana
Darshan-Leitner, the founder and director of Shurat HaDin, had
“privately admitted to taking direction from the Israeli government over
which cases to pursue and relying on Israeli intelligence contracts for
witnesses and evidence”.
On 31 October, the Executive Council of Australian Jewry (ECAJ), one
of the key Zionist lobby groups in Australia, which has opposed the
Palestinian BDS campaign and falsely labelled it “anti-Semitic”, issued a
press statement distancing itself from Shurat HaDin’s actions.
ECAJ’s executive director, Peter Wertheim, noted that Shurat HaDin’s
campaign against Jake Lynch was being pursued “merely as a political
tactic”. ECAJ’s attempt to distance itself from Shurat HaDin’s lawfare
campaign against Lynch is no doubt informed by the fact that lawfare
attempts against other BDS activists in France, England, Scotland, the
USA and Australia have failed.
Shurat HaDin’s lawfare attack on Lynch, academic freedom and freedom
of speech has also been condemned by more than 2,000 Australian and
international human rights advocates from more than 60 countries, who
have signed a pledge supporting BDS and offering to be co-defendants in
any legal action taken against Lynch.
The case is scheduled to be heard in the Federal Court on 27 November.
- See more at: http://redflag.org.au/article/spurious-case-against-palestine-activist#sthash.dxiOXUTQ.dpuf