Wednesday, December 16, 2009

Abuse of Process

TIMES ONLINE – LEADER: The targeting of Israeli ministers by the courts is not justice, it is a disgrace

The application of law to warfare is among the greatest advances in Western civilisation over four centuries. In the name of human rights, that tradition is being traduced by a politicised campaign to harass the statesmen of a democracy. It is unlikely that you will have needed to read this far to learn that the targeted nation is Israel.

Tzipi Livni, the leader of the Israeli Kadima party, accepted an invitation to speak at an Anglo-Jewish event in London last weekend. It emerged in the meantime that British magistrates had issued an arrest warrant against Ms Livni for alleged war crimes committed during Israel’s military campaign in Gaza last winter, when she was Foreign Minister (see page 14). The warrant was the latest attempt by pressure groups to seek British court authority for the arrest of Israeli leaders. It was rescinded only when the court learnt that Ms Livni had cancelled her trip to Britain, apparently because of a scheduling clash. The Israeli Foreign Ministry nonetheless expressed fury.

The Israeli reaction is far from overwrought. Ms Livni’s is the second such case in recent months. Ehud Barak, the Israeli Defence Minister during the Gaza offensive, attended a meeting at the British Labour Party conference in September. Campaigners unsuccessfully sought an arrest warrant against him from the same court.

The difference between the cases appears to be that Mr Barak was still a serving minister, whereas Ms Livni is not. Lawyers acting for the campaigners cite the principle of “universal jurisdiction”. Under it, courts in England and Wales have jurisdiction over certain crimes regardless of where in the world they were committed. >>> | Wednesday, December 16, 2009