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Bar Ilan University

Bar Ilan University - Professor Yafa Zilbershatz - Even at Bar Ilan there are anti-Israel extremists working for the enemy

http://pursuingjustice.blogspot.com/2009/01/calling-to-prevent-war-crimes-is-not.html

Yafa Zilbershatz’ interview - original article (in Hebrew):
http://www.inn.co.il/News/News.aspx/184085

Calling to Prevent War Crimes is Upholding -Not Breaking- the Law

Shamai Leibowitz & Shraga Elam
Thursday, January 15, 2009
Press Release

The radical right wing organization “Legal Forum for the Land of Israel” has formally requested that Israeli Attorney-General prosecute Israeli attorney Shamai Leibowitz on charges of incitement to rebellion for his appeal to Israeli soldiers to refuse participating in the commission of war crimes in Gaza and to prevent the mass killings of civilians. This request is a malicious attempt to squelch internal dissent and devoid of any legal basis.

“While the complainants preoccupy themselves with idle threats and intimidation, Shraga Elam and I are concerned with an effort to save the lives of thousands of civilians, both Israeli and Palestinian,” states Attorney Leibowitz. “We call on Israeli soldiers to obey international law and also Israeli law which prohibit violations of the laws of war and international humanitarian law. Israeli soldiers must prevent the commission of war crimes.”

Professor Yafa Zilbershatz of Bar Ilan University said in an interview with Israel’s Channel 7, that in view of the legal situation in Europe, Israel’s acts in Gaza can be considered war crimes in that continent, and even “rank-and-file soldiers” may be prosecuted. The actions of the IDF in Gaza are likely to be considered war crimes in the USA as well. Currently, a private suit is now being conducted in a US federal court against Avi Dichter, the former head of the Israel Security Agency (Shin Bet – Shabak) for bombing innocent civilians in Gaza.

Prof. Zilbershatz’ cynical solution to the problem is to propose that the State of Israel apply pressure on European countries to change their laws. It is shocking that Professor Zilbershatz blames other countries for having laws that apply the doctrine of universal jurisdiction. Attorney Leibowitz and Journalist Elam propose a solution to this problem that is the only lawful, realistic and ethical solution: refuse to commit war crimes.

The appeal is supported by peace activists from all over the world, including Israel, among them many Jews, including Meir Margalit, a former member of the Jerusalem city council.

It is obvious that, in view of the foregoing and in the view of the detailed legal opinion of Shamai Leibowitz, such an appeal cannot be illegal by any means.

Shamai Leibowitz, Attorney-At-Law
Shraga Elam, journalist