Update August 21, 2010 - Canadian court dismisses Bil`in claim
November 21, 2009
Bilin's legal struggle continues
(originally published by Electronic Intifida, 10 November 2009)
Jillian Kestler-D'Amours
In addition to its weekly confrontations with the Israeli army, the
village of Bilin has taken its case to a Quebec court. (Silan
Dallal/Activestills .org)
Abdullah Abu Rahme can no longer sleep in his own home. A member of the
Bilin Popular Committee Against the Wall, Abu Rahme explained that
since Bilin began its legal proceedings in Canada, Israeli soldiers
have made life especially difficult for residents of the small West
Bank village.
"[Israeli soldiers] came to my home and they tried to arrest me.
They're destroying my home. It's not allowed to me to sleep in my home.
I feel very bad about this. I'm suffering from this case until now," he
said. "I took my family to another place. It's very difficult for me."
Still, Abu Rahme and the villagers of Bilin are pushing forward in
their nonviolent struggle against the Israeli occupation by appealing a
Quebec Superior Court ruling in their case against two Canadian
companies. The residents of Bilin are suing Green Park International
and Green Mount International, two companies that, they argue, should
be held legally accountable for illegally building residential homes
and settlement infrastructure on the village's land, and marketing
these buildings for the purpose of transferring exclusively Israeli
civilians therein.
Bilin is a small Palestinian village of approximately 1,800 residents
located 12 kilometers west of Ramallah in the occupied West Bank. Since
the early 1980s, about 56 percent of Bilin's agricultural land has been
designated by Israel as "State Land." It has been used to build the
Jewish-only settlement Modiin Illit, which holds the largest settler
population in the occupied West Bank with more than 42,000 residents
and plans to grow to up to 150,000.
Israel began building its wall in the occupied West Bank in 2003. The
wall literally cuts the village of Bilin in half. Since 2005, the
residents of Bilin have held weekly demonstrations every Friday against
the wall, garnering international attention and support for their
efforts. The International Court of Justice (ICJ) ruled that the wall
was illegal under international law in a 2004 advisory opinion. A year
later, the Israeli high court also ruled that the wall's route through
Bilin was illegal and should be moved closer to the boundary of Modiin
Illit. However, neither the ICJ nor the Israeli high court rulings were
implemented.
The case against the Canadian companies was heard in Montreal in June
2009. However, Judge Louis-Paul Cullen found that the Israeli high
court, not the Quebec Superior Court, was the best venue to hear the
case. This ruling was centered on the issue of forum non conveniens,
the Latin term for "inappropriate forum." According to Emily Schaeffer,
an Israeli attorney representing Bilin, the term states that "if
there's a better forum for the case, for various reasons, then the case
should not be held or heard in the court it's being brought to but
rather in another court."
Schaeffer maintains that the Quebec court is the only legal forum that
can possibly hear the case, since both companies are domiciled in the
province. "Israeli courts have repeatedly refused to examine the issue
of the legality of settlements. Because that's the issue for the case
in Canada, there's no other forum than the home of the companies who
are registered and domiciled in Montreal," she said.
"The decision to appeal is because we believe we're right. We believe
that the judge made an error. Our position is that the Israeli courts
cannot and will not hear this case. Legality of settlements is not an
issue that can be brought to Israeli courts," Schaeffer added.
The Canadian federal legal system has adopted the Fourth Geneva
Convention and the Rome Statute of the International Criminal Court
under the Canadian Crimes Against Humanity and War Crimes Statute. The
Fourth Geneva Convention of 1949 bars an occupying power from
transferring part of its civilian population to the territory it is
occupying. To do so is considered a war crime under the Rome Statute.
Setting a precedent
While the overall decision was disappointing, the judge's sub-rulings
can be seen as minor victories, Schaeffer explained. "The village of
Bilin prevailed in almost every single aspect, and in two of the three
motions. Something that we took as a victory [was that] corporations do
have liability under Canadian law for their actions and violations of
international law abroad. That's precedence-setting, " she added.
For Schaeffer, a positive ruling would mean setting a precedent to stop
other international companies from abetting Israeli war crimes. "If
Bilin succeeds in this appeal, it will make more waves [in Israel] and
that's a good thing because what we also want is to discourage other
companies from taking similar actions and taking part in war crimes in
the occupied territories, " she explained.
Schaeffer added that she was as of yet unsure whether the entire case
will be open to appeal, or if only the issue of forum non conveniens
would be examined, and that the appeal will likely take several months
before being processed.
The struggle continues
According to Freda Guttman, a Montreal-based activist who recently
spent three months in Palestine with the International Solidarity
Movement (ISM), being involved with the Bilin campaign in Canada felt
like something she needed to do. "It's a very important cause. If they
win this, it will set a precedent not just in Canada but everywhere. It
feels like something very important to be involved in," Guttman said.
Spending time in Bilin demonstrated to Guttman just how strenuous it is
for residents to keep fighting the occupation, and the immense burden
it places on their daily lives. "My excitement about [the appeal] is
sort of tempered by the fact that I see the toll it's taking on
peoples' lives there. They never know when the army is going to come.
It's just constant," she said.
For his part, Abdullah Abu Rahme explained that the ruling by the
Canadian court left the villagers of Bilin feeling disheartened and
upset, but they haven't lost hope.
"We are very sad about the decision about refusing the case in Canada
but we hope to have another decision. We hope to [be restored] our
rights and to have justice in this court," he said. Abu Rahme added
that the outpouring of support from international activists has been a
huge motivator for residents of Bilin, who are organizing the village's
biggest demonstration yet for the five-year anniversary of their weekly
nonviolent demonstrations next February.
Guttman, describing the Canadian legal proceedings as "a roller
coaster," said she too is prepared for the long haul. "I don't think
it's going to be easy and I don't think it's going to be quick. [Bilin
is] a very important movement at the forefront of the struggle," she
said.
According to Abu Rahme, that struggle will continue until justice is
achieved in Bilin, the West Bank and all of Palestine. "Every Friday we
are there. We want to continue our struggle. Until now there is no
justice, for the wall and the settlements. We will continue our
nonviolent struggle with the support of the internationals and our
faith to have justice and to remove the wall and the settlements and
the occupation."
********
Jillian Kestler-D'Amours is a student and freelance journalist based in
Montreal. More of her work can be found at jkdamours.wordpress .com.
Background:
Bi'lin appeal.html
Bi'lin lawsuit4.html
Bi'lin_Lawsuit3.html
Bi'lin lawsuit2.html
Bi'lin3_ Green Park.html
Bi'lin lawsuit.html
**************************************
Originally published in The Electronic Intifada
http://electronicintifada.net/v2/article10882.shtml
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