Artikler i Haaretz av Michael Sfard:
https://www.haaretz.com/ty-WRITER/0000017f-da25-d494-a17f-de27968e0000
Han er en kjent israelsk jusrist som står opp mot okkupasjnen og dens følger.
Jeg har brukt hans artikkel om Carmel i debatt i Aftenpsoten:
Min kommentar i debatt i Aftenpsoten 22. mai 2026:
Michael Sfard i haaretz 11. juli 2024:
Ansvarert for den såkalte sivile admninistrasjon av de okkuperte palestinere innen IDF er overført til israeler som er utnevnt av og rapporterer til Smotrich.
Sfard:
DA har man i praksis annektert Vestbredden.
Og det vil bli mer forskjellsbehandling, dvs apartheid i økende tempo
Skudeneshavn 12. juli 2024
Jan Marton Jensen
På X:
9. juli 2024
Krav om at denne adm.ordningen avvikles
https://x.com/AccJurist/status/1810703271331516459
Kilde:
11. juli 2024
https://www.haaretz.com/opinion/2024-07-11/ty-article-opinion/.premium/smotrich-has-completed-israels-annexation-of-the-west-bank/00000190-a32e-d852-abfb-e3bee2170000
Artikkel av Michael Sfard i Haaretz 18. juni 2024, HELE artikken nederst under Kilde
Han tar et oppgjør med Israels Høyesterett:
"For decades, the Supreme Court facilitated Israel's actions in the West Bank, including transferring Palestinians and legitimizing settlements. Now, as the 58th year of occupation begins, this dynamic has shifted."
En klar melding fra Sfard:
"For decades, the Supreme Court has been distorting international law as
it is understood in most of the world. This institution may once have
earned remarkable prestige, but today it is mainly known as a court that
enables Israel to transfer communities from the South Hebron Hills,
expropriate land in the West Bank and legitimize the settlement
enterprise that the rest of the world considers illegal. Thus, the
police, the prosecution and the High Court of Justice have gone from
being Israel's flak jacket to a paragraph in the indictment against
Israel. It took time, but the Israeli justice system is no longer able
to conceal its real role within the occupation apparatus."
Med sak om Israel i ICC og ICJ nå i 2024 er det vist at det israelske rettssytemet også er oppe til eksamen.
Skudeneshavn 18. juni 2024
Jan Marton Jensen
HELE artikkelen i Haaretz 18. juni 2024
For decades, the Supreme Court facilitated Israel's actions in the West Bank, including transferring Palestinians and legitimizing settlements. Now, as the 58th year of occupation begins, this dynamic has shifted
 |
Israel's Supreme Court Justices.Credit: Jonathan Zindel/Flash90 |
For 57 years, the Israeli occupation enjoyed the protection of a legal
flak jacket of near-perfect quality. The gleaming legal armor with which
Israeli society covered its unmentionables, shielded all our crimes and
protected every abomination we committed.
For decades, we could plunder the lands of our occupied subjects and settle on them, humiliate them at checkpoints and in the fields, detain thousands without trial, refrain from arresting or trying members of the Jewish gangs that raid them, outlaw all their nonviolent political activity and bomb Gaza from the ground, air and sea every few years, while our "legal Iron Dome" – topped by our crowning glory, the High Court of Justice – saved us from the wicked attempts to try our actions in foreign courts.
But the 58th year, which began last week, is not taking its first steps with the assurance the High Court flak jacket gave its predecessors. Over the past year, many illusions were shattered.
We believed the most powerful army in the Middle East fully protected
our communities, and this was shown to be a terrible illusion; we were
certain the intelligence community
knew in real time every time some Gazan relieved themselves in the
street, only to discover that it apparently knew only that; and we were
sure that the prestige of the Israeli justice system obviated
interference from international counterparts, only to discover that the
gentile judges were at the gates.
The argument of leaders of the just and important fight against the
government coup, that the High Court is a flak jacket, is correct, but
it has a limitation: As the saying goes, you can't fool all of the
people all of the time.
When Israel's Supreme Court faces the judgment of history on the question of whether it fulfilled its most important mission, protecting human and civil rights, it will probably cite its extensive courageous rulings defending and protecting democratic values and fundamental rights. This is not mere lip service. The court genuinely protected LGBTQ rights, acted to prevent religious coercion and fought government corruption.
The justices can rightly be proud of key rulings that barred discrimination against women, banned torture (albeit not completely), and fortified freedom of expression and protest against government interference. The importance of these rulings should not be discounted. They largely shaped the character of Israeli society and gave many within it the opportunity to exercise basic rights that would have been denied if not for the court.
But as they proudly defend themselves in the court of history, rulings they would rather conceal and have forgotten will slip from their robes. Thousands of rulings, too many for the Israeli judicial robe to hold. Rulings that authorized harming of the weakest, who live under Israeli rule but have no rights and no influence on their future; who are not represented by any institution within the entity that governs them.
This is how I picture them – generations of Israeli Supreme Court justices presenting their arguments in the court of history, referring to all the rulings they are proud of (and which the court therefore had translated into English), while their words are continually interrupted by the thuds of other rulings that keep slipping out and falling to the floor.
 |
Israeli security forces demolish a Palestinian home in the West Bank in January.Credit: Israel Police Spokesperson |
Rulings permitting deportation, forced population transfer, land appropriation, home demolitions
as collective punishment, extrajudicial executions, blocking
development for Palestinians, discrimination in every field and a dual
justice system: a civil and modern system for settlers, and a draconian
military system for Palestinians. The justices raise their voices,
perspiration beading their foreheads, but behind them the pile of
rulings keep growing, a pile that tells the story of a tyrannical,
apartheid regime that their thousands of rulings enabled, even if they
occasionally moderated it.
The motions for arrest warrants for the prime minister and defense
minister filed by the chief prosecutor of the International Criminal
Court mark the culmination of a lengthy process of the collapse of the
reputation long enjoyed by Israel's law enforcement system in the
international legal community.
From a country that amazed the world in the 1980s after the Sabra and Shatila massacre, when its justice system ousted one of Israel's most powerful defense ministers ever and affected the careers of generals who were found to be indirectly responsible for the massacre, to a country whose law enforcement system turns a blind eye to and even abets the hilltop thugs and those who block and vandalize trucks carrying humanitarian aid.
The requests for arrest warrants signal that the international legal community no longer considers the Attorney General's Office, the Israel Police, the military prosecutor and the Supreme Court as law enforcement institutions that meet international standards, at least in regard to the Palestinians.
And why should we complain? For decades, the policy of near-total
immunity for soldiers who harm Palestinians has been in place. There are
hardly any investigations of crimes committed by soldiers, and the
investigations that do take place are basically a joke. This is a system
in which the army and the police abet violent settlers and whitewash
their crimes. A system in which the State Prosecutor's Office aids and
abets the processes of annexation and apartheid and offers protection
for unbridled methods of combat, in the belief that statements to the
media about "strict adherence to international law" are sufficient to
protect Israel from legal proceedings.
 |
Palestinians flee a village near the Meitarim Farm outspost in South Hebron Hills, West Bank.Credit: Alex Libak |
For decades, the Supreme Court has been distorting international law as it is understood in most of the world. This institution may once have earned remarkable prestige, but today it is mainly known as a court that enables Israel to transfer communities from the South Hebron Hills, expropriate land in the West Bank and legitimize the settlement enterprise that the rest of the world considers illegal. Thus, the police, the prosecution and the High Court of Justice have gone from being Israel's flak jacket to a paragraph in the indictment against Israel. It took time, but the Israeli justice system is no longer able to conceal its real role within the occupation apparatus.
We are currently witnessing a legal avalanche against Israel, with the ICC prosecutor's requests for arrest warrants for its leaders, the provisional measures issued against Israel by the International Court of Justice, courts in various countries not tossing out cases that have to do with Israel's actions on the shopworn grounds that "there are judges in Jerusalem."
One major reason for this avalanche is our (independent, professional and often praiseworthy) judiciary's insistence on assisting in the violation of the laws of occupation and war.
Welcome to the 58th year.
"Letter to attorney general and state prosecutor demands action to stop ‘explicit calls to commit atrocious crimes’"
I et 11-siders brev er listet en rekke uttalelser fra israelske politikere mm med oppfordring til folkemord.
Heleartikkelen i lenke under Kilde.
Skudeneshavn 5. januar 2024
Jan Marton Jensen
På Twitter:
6. januar 2024
https://twitter.com/janmarton/status/1743582635153048006
Kilde:
3. januar 2023
https://www.theguardian.com/world/2024/jan/03/israeli-public-figures-accuse-judiciary-of-ignoring-incitement-to-genocide-in-gaza
Den palestinske aktivist Amro Issa har opplevd det.
At hans HJEM i Hebron av IDF blir erklært: "Lukket militært område".
Og da har bare han selv lov å være der.
Dette er den måte IDF nå tyr til for å hindre Amro Issa å ha møter i sitt hjem:
"Israeli Army Declares Palestinian Activist's Home Military Zone After Complaints of Settler Attacks"
"Prominent Palestinian activist says settlers 'don’t want me to speak to foreign and Israeli audiences about the apartheid and the Israeli occupation'"
(Haaretz 3. november 2022, HELE artikkelen nederst under Kilde).
Den israelske advokat Michael Sfard mener IDF her opptrer ulovlig.
Og krever begrunnelse for beslutningen om å gjøre noens hjem til et lukket, militært område.
Skudeneshavn 3. november 2022
Jan Marton Jensen
På Twitter:
3. november 2022
https://twitter.com/janmarton/status/1588262666963161088
Kilde:
https://en.wikipedia.org/wiki/Issa_Amro
HELE artikkelen i Haaretz 3. november 2022:
Prominent
Palestinian activist says settlers 'don’t want me to speak to foreign
and Israeli audiences about the apartheid and the Israeli occupation'
The Israeli army declared the Hebron home of a well-known West Bank Palestinian human rights activist and the surrounding area a closed military zone, after he complained of settlers violently targeting him and his colleagues.
The order, issued by IDF Brigade Commander Yehuda Yishai Rozolio, bars anyone from entering the area of the home other than the activist, Issa Amro, himself. Amro had previously set up quarters for an organization called Youth Against Settlements, which hosts visitors from Hebron and overseas on the house's lower level.
Amro’s lawyer, Michael Sfard, requested a criminal investigation of Rozolio over the order, claiming that the commander was abusing his authority. In a letter to the army, Sfard stated that prior to the issuance of the order Amro and his colleagues had been attacked at the house, that access to the house had been obstructed and that one person’s cellphone was stolen and another's damaged.
Some incidents were caught on video, including one in which an activist was kicked and beaten, stones were thrown at the house and the cellphone was taken, all while soldiers were in the vicinity. Amro called the police following the incidents, and according to Sfard’s letter, tried to file a complaint with the Hebron police three times. He was told each time that there was no police investigator to take it on, Sfard wrote.
In another incident caught on video, four Israelis lit a bonfire on Amro’s property, near his house. When police were called, Amro was told that the matter would have to be handled by the army.
Later, soldiers arrived with the order declaring the area a closed military zone, while an English lesson for Palestinians was being held on the lower level of the house. The soldiers directed the individuals there to leave the premises.
The order has been extended twice. Amro was first presented with an official document and then, on Wednesday night, verbally informed that it had been extended again. He was not provided with anything in writing despite the regulations requiring it.
In his letter demanding a criminal investigation, Sfard called the order “so arbitrary that there is no doubt that [it was not the product of] good faith or a mistake in judgment but rather signed with the knowledge that it was not directed at the person who has been disturbing the peace and was meant to satisfy the thugs who had initiated the attacks and ‘friction.’”
For his part, Amro alleged that for quite some time, settlers had sought to influence the army to shut his house and the activities hosted in it down. “They don’t want me to speak to foreign and Israeli audiences about the apartheid and the Israeli occupation,” he said, adding that he has been left alone in his house and is afraid to leave it due to threats that he has received.
The baby who was born the day that Maj. Gen. Chaim Herzog signed a
proclamation declaring pompously that “the Israel Defense Forces entered
the region today and assumed control, security and public order”
celebrated his 55th birthday this week.
As the newborn drew his first breaths and his mother gave him his first
caressing human touch, the general was swaying, drunk on a dizzying
power trip: “All authority of government, legislation, appointment and
administration pertaining to the region or its residents will now be
exclusively in my hands and will be exercised only by me or by any
person appointed therefore by me or acting on my behalf,” he declared.
And lest there be any doubt about his omnipotence, about his being a
sole ruler with no restrictions in the territory that his/our forces had
just conquered, he established that any legal obligation to consult or
receive authorization from others for appointments or legislation
"hereby void.” Yitzhak Rabin’s famous “I will decide, I will navigate” –
the occupation version.
The first Palestinian baby of the occupation was born into the
dictatorship of Maj. Gen. Chaim Herzog, who went on to become Israel’s
sixth president; his son Isaac now serves as the 11th.
From the very first day of this baby’s life – we’ll call him Abd, “servant” in Arabic - though not like Abdullah, meaning 'servant of God' in Arabic, and more like Abd-Israel – Herzog Sr. demonstrated his authority over him, his parents and the hundreds of thousands of his people living in the occupied territory: “I hereby declare,” he announced in the second part of the proclamation, which sent military jeeps to patrol the streets of Palestinian cities on June 7, 1967, “a curfew throughout the region.” And for those with poor reading comprehension, he added: “No one shall leave his home at any time during the day or the night.”
Our Abd was born into a tyrannical occupation and has lived in it his entire life. He has never experienced a single minute of freedom, one second of sovereignty.
In the years after his birth, his first ruler, Herzog, established his
successful law firm with his partners Michael Fox and Yaakov Neeman,
advanced a political career that culminated in the Knesset electing him
president of the Jewish state, pardoned Shin Bet security service agents
who had tortured Palestinian detainees and perjured themselves in
court, and who three times commuted the life prison term of a member of
the Jewish terrorist underground who had murdered Palestinian university
students, and attempted to murder the mayors of West Bank Palestinian
cities and Palestinian bus passengers.
In these years, the course of Abd’s life was dictated by an absence of civil rights as a result of living under the Israeli occupation and his subordination to Herzog and his successors.
It was they who decided what would happen to his family’s lands, whether he would get a permit to build a home, and if he could travel abroad for vacation or studies. And it was they who prohibited all political activity, defined any criticism of the government as incitement, jailed tens of thousands of Palestinians – some of them without trial – and even outlawed human rights organizations, classifying them as terrorist organizations.
In his teenage years, Abd saw how the landscape of his homeland changed completely. He saw how hundreds of thousands of acres of farmland were expropriated and new communities with alien, European architecture took over the space.
He watched the arrival of new residents, who brought with them a mentality of being lords of the land and who received from “the Herzogs”
everything that had been taken from his family and his community: land,
water, natural resources, participation in decision-making and, of
course, dignity.
Half a million settlers and two intifadas later, Herzog Jr. began his presidency by visiting the Har Bracha settlement, where he inaugurated an ulpana – a religious girls’ high school – and lit Hanukkah candles at the site where a Jewish physician massacred Muslim worshipers, the Tomb of the Patriarchs in Hebron. He did not visit Abd, and did not inaugurate anything in his village.
So don’t say Ben-Gvir and Smotrich, say Herzog. From Chaim Herzog to Isaac Herzog, it is the Israeli establishment, not its fringes, that expropriates land, builds settlements, re-engineers the demographics of the occupied territory, brutally throttles all opposition to its rule, including nonviolent resistance, and inflicts disaster on Abd and his people.
The Herzogs may not be deluded messianists, but even through the Cambridge-inflected Irish accent, they exude Jewish supremacy in their deeds. They (we) may not hang the picture of the Hebron murderer in our living rooms, but we are the effective occupiers and dispossessors, not they.
So while not all of us are Ben-Gvirs, we are all Herzogs. And besides, Itamar Ben-Gvir and Bezalel Smotrich are our legitimate children, fruit of the tree that we all poisoned. To focus on them is to blame the stone and absolve the person who threw it.
Abd is 55. He lives in a full apartheid state that all of us, we
Israelis, created, including those who consider themselves very distant
from the crazies in Hebron. The Israelis who work in high-tech, who
march in Pride parades, and each and every lawyer at Herzog, Fox &
Neeman – we all impose the curfew on Abd.
We all divert all of his land’s natural resources to his settler neighbors at his expense, merely because he is a Palestinian, and they are Jews. We are all signatories to a government whose institutions are designed to serve its Jewish neighbors and that subjugate him for this end, only because he is Palestinian, and they are Jewish.
We have all created a system with one separate and distinct law for settlers, who also help write it, only because he is a Palestinian, and they are Jews. Will he be forced to live out the rest of his days like this? That depends almost entirely on us.
Welcome to the 56th year.
Michael Sfard is a lawyer who represents one of the Palestinian human rights organizations that Israel outlawed as a terrorist organization, as mentioned above.
Så sies i en grundig artikkel her:
Skudenehavn 5. november 2021
Jan Marton Jensen
På Twitter:
17. november 2021
https://twitter.com/janmarton/status/1460915442772594696
Ny info:
15. november 2021
https://www.haaretz.com/israel-news/.premium-court-spaniard-israel-claimed-was-tied-to-six-blacklisted-palestinian-ngos-is-not-1.10391673
Kilde:
