Published by The Freeman Center
The Maccabean Online
Political Analysis and Commentary
Israel's Step-by-Step Legal Defense
By Mark Langfan
20 December, 2012
Abbas threatens the ICC at the Hague? We can win that one.
Israeli US Ambassador Oren has recently, correctly, and urgently warned that Israel has “to prepare for the possibility that they (the Palestinians) will take that step. We can’t discount it.”
The “step” Ambassador Oren is referring to is the upcoming State of Palestine legal attack on the State of Israel at either the International Criminal Court (ICC) (for war crimes) or the International Court of Justice (ICJ) where both are located at The Hague.
In fact, President Abbas has threatened to take action against the Israeli government at the International Criminal Court (ICC) of the $120 Million in tax revenues are not released to the state of Palestine.
As suggested below, the heart of Israel’s ICC/ICJ international legal defense is that the legal entity of“Palestine,” to which the United Nations General Assembly (UNGA) recently authorized an “upgrade” in status, is only a name change for the legal entity of the genocidal murderous Palestinian Liberation Organization (PLO). Therefore, for the rest of this essay, I will call “Palestine”: the “PLO/Palestine.”
The 'PLO' isn’t 'Palestine' you laugh? “Langfan’s gone crazy, again,” you say? Well, don’t bend yourself out of shape too much, too fast. In the recent November 29, 2012 UNGA “Question of Palestine” resolution, the exact text written by the lawyers of “Palestine” explicitly admitted that the “PLO equals the State of Palestine.”
The text of the UNGA resolution “A/67/L.28 Sixty-seventh session, Agenda item 37, Question of Palestine” explicitly stated:
“Recalling its resolutions 3210 (XXIX) of 14 October 1974 and 3237 (XXIX) of 22 November 1974, by which, respectively, the Palestine Liberation Organization was invited to participate in the deliberations ofthe General Assembly as the representative of the Palestinian people and was granted observer status;
"Recalling also its resolution 43/177 of 15 December 1988, by which it, inter alia, acknowledged the proclamation of the State of Palestine by the Palestine National Council on 15 November 1988 and decided that the designation 'Palestine' should be used in place of the designation 'Palestine Liberation Organization' in the United Nations system, without prejudice to the observer status and functions of the Palestine Liberation Organization within the United Nations system,” (For the full text of the actual November 29, 2012 UNGA “Question of Palestine” go to: www.marklangfan.com/ plostateunresolutiontext.html)
Therefore, the PLO-proffered and passed “Question of Palestine” UNGA resolution text, in and of itself, is “Palestine’s” de jure, and legally conclusive “admission against interests” that the legal entity of the corpus of the “State of Palestine” is nothing other than the PLO in drag. You can put “Palestine” lipstick on the PLO pig, but it’s still the PLO pig. So, the good news is, “Palestine’s” colossal legal mistake provides Israel with an almost impenetrable ICC legal defense.
1. The ICC/ICJ would be recognizing the PLO/Palestine entity whose genocidal charter (unamended since 1968) explicitly calls for the destruction of Israel
Because if the “PLO equals Palestine", then “The PLO’s charter equals Palestine’s charter.” And, as Mr. William K. Langfan (I must disclose he is my father) has most excellently championed for over two decades, despite all the PLO/Palestine’s smoke and mirrors, the PLO/Palestine has never changed one letter of its genocidal 1964/1968 Charter.
So, Israel’s first legal step should be to force PLO/Palestine to prove the exact paper trail of the supposed charter amendments which have allegedly rid the PLO/Palestine’s 1964/68 charter of its genocidal murderous clauses.
Israel’s argument is simple: PLO/Palestine is an explicit and overt genocidal entity, and the ICC/ICJ allowing a genocidal entity to sue in the ICC/ICJ would make the ICC/ICJ into a direct partner in the PLO/Palestine’s genocide against Israel. In short, the ICC/ICJ’s allowing the PLO/Palestine to sue Israel would make the ICC/ICJ itself into a genocidal entity.
2. PLO/Palestine’s assertion of international jurisdiction would allow for an Israeli counter-lawsuit for all of the thousands of the PLO’s genocidal terror attacks on civilians
Good. Now, that the PLO/Palestine will have positively asserted jurisdiction somewhere, all of the PLO’s Jewish and non-Jewish civilian victims from 1964 to the present can sue the PLO/Palestine legal entity for the cold-blooded genocidal murders which the PLO directed and enabled.
If Israel doesn’t want to counter-sue for all the spilt Jewish blood, then Israelis and Jews everywhere can sue individually and collectively in class actions. So, anyone who has a relative who was killed or injured by a PLO bomb or terrorist should begin to marshal and to collect all their personal evidence of the loss of their loved one(s).
Jews everywhere should hire international lawyers who will sue the pants off the PLO/Palestine the second it steps foot in the ICC/ICJ. And again, all the Jews were murdered as a genocidal PLO/Palestine active plan that is continuing to this very moment.
3. PLO/Palestine’s ICC/ICJ lawsuit would allow for an Israel counter-lawsuit for PLO/Palestine’s terrorists acts, including the firing of katyusha rockets and suicide bombs against civilian targets in 1967 Israel which are all genocidal Geneva War crimes
All the hundreds of suicide bombs and the 15,000 rockets fired from Gaza since the Palestinian Authority took over Gaza were solely meant to target Israeli civilians. Therefore, under numerous Geneva War crimes, PLO/Palestine’s actions over the last 20 or so years are all pure genocidal war crimes.
The UNGA “Question of Palestine” Resolution explicitly claimed all of Palestine, including Gaza, is one juridical area. Hamas claims its interest in the PLO/Palestine State every bit as much as Fatah claims its interest in the PLO/Palestine State. Hamas and Fatah are only political parties of the PLO/Palestine State.
So, it’s like one part of the United States is controlled by the Republicans, and the other part of the US is controlled by the Democrats. It’s still one United States. So, if Hamas attacks Israel from one part of the PLO/Palestine, it’s still an attack from the single legal entity of the PLO/Palestine. And, it is the single legal entity of PLO/Palestine that can be held accountable for any and all Hamas or Fatah terrorist actions.
And, the fact that Abbas will claim he can’t “control” the Hamas part of Palestine will only show that the PLO/Palestine is not even a “state” to begin with.
Again, if Israel won’t sue, Sderot should hire a class-action lawyer who will sue the PLO/Palestine on behalf of the citizens of Sderot. Everybody within rocket range should collect all the pictures of all the damage to their houses so they can make a well-documented claim.
And then there’s the Israeli claim of “intentional infliction of emotional distress” from the PLO/Palestine’s genocidal war crimes. Sderot’s damages alone would exceed the value of the entire "West Bank". So, when Sderot gets a multi-billion dollar monetary award against PLO/Palestine, Sderot can seize the PLO/Palestine’s legal interest in Judea and Samaria as compeensation. Israel’s legal counter-claims of genocidal terrorism emanating from the PLO/Palestine of Gaza, Judea and Samaria will legally eviscerate any legal claim the PLO/Palestine has in the "West Bank".
4. PLO/Palestine’s ICC/ICJ lawsuit would allow Israeli legal counter-attack on PLO/Palestine’s violation of the Helsinki Water right rules and laws
The "West Bank" is a north-south running mountain ridge of the West side of Jordan Rift Valley that forms a single watershed with the pre-1967 Israel coastal plain. As such, the water rights of the West Bank/Israel coastal plain watershed are governed by the 1964 Helsinki International Water rules. Suffice it to say, the Palestinian Arabs have violated virtually every single legal element of the Helsinki water rules.
For example, the same way fresh rainwater naturally flows westward to pre-1967 Israel because of the mountainous topography, Palestinian toilet water also flows westward. So, the Palestinian Arabs have engaged in a “Jihad by toilet” by refusing to process, treat, and recycle their sinking rotten diseased toilet water.
The Palestinian Arabs adamantly refuse to treat their refuse water even though the money was available for the treatment plants to be built at no cost to thems. The Palestinians are thus purposefully destroying the common shared West Bank/Israeli coastal plain watershed and explicitly violating the heart of the Helsinki water rules.
There are so many other examples of Palestinian Helsinki violations it would take hundreds of pages to recount. In short, the Palestinians get more water from the Western Samarian aquifer than they got in 1967. So, the PLO/Palestine water claims will go nowhere. And, Israel can bankrupt PLO/Palestine by starting to exact from the Palestinian Arabs the true cost and“market value” of Israeli desalinated water which Israel now gives to them at a cut-rate.
5. Additionally, at the ICC/ICJ, Israel can enter King Hussein’s 1969 Autobiography “My “War”with Israel” as evidence that Israel defensibly occupied Judea and Samaria after Israel was first offensively attacked by Jordan - which will complement the UN Security Council Resolution 242’s true meaning
While most people generally think “Israel attacked first” in the 1967 War, few people actually understand that historically, Israel only attacked Egypt and Syria first, and did not attack the "West Bank" first. In fact, King Hussein first attacked Israel from Judea and Samaria because he thought Egypt had decimated Israel’s Air Force.
The key is the dead King Hussein can still testify in the ICC/ICJ as to the truth of these facts because King Hussein published an autobiography in 1969 where King Hussein recounted the 1967 War history exactly as I have described. The autobiography is call “Hussein of Jordan: My “War” with Israel.” The key chapter is Chapter 8 “Israel’s Great Offensive.”
Chapter 8 can be downloaded for free at www.marklangfan.com/ husseinofjordanchapter8.html. And, the entire book can be emailed for historical use for free upon request. Please email email@example.com.
The vital legal point here is that King Hussein openly admits in his own autobiography that Jordan attacked Israel first, and this establishes a clear legal basis under which UN Security Council Resolution 242 can legally operate and protect Israel’s ownership in Judea and Samaria in perpetuity.
In conclusion, these are just some of the legal defenses that Israel can easily construct based on open source information. I’m sure Israel has much more detailed information in the secret files of all the terrorist genocidal actions committed by the PLO and Hamas which could be used to devastating legal effect at The Hague.
Most importantly, Abbas was the paymaster of the PLO terrorists who committed the 1972 Munich Olympics’massacre of Israel’s athletes. I would start with the documentary evidence exposing Abbas as the monster genocidal terrorist he truly is as “Exhibit A.”
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The writer has created an original educational 3d Topographic Map System of Israel to facilitate clear understanding of the dangers facing Israel and its water supply. It has been studied by US lawmakers and can be seen at www.marklangfan.com.