Goldstone Report Could Lead to ICC Charges

By: Omar Ha-Redeye · September 16, 2009 · Filed Under Criminal Law, International Law · 4 Comments 

The report by Justice Richard Goldstone on the Fact Finding Mission on the Gaza Conflict, released yesterday, is raising some interesting legal questions.

The report concluded that both Israel and the Palestinians had committed war crimes, and possibly crimes against humanity.  The most obvious question people are asking is the effect of this report on the International Criminal Court (ICC).

The Israeli media has stated that the ICC has no jurisdiction over Israel, as a non-signatory to the Rome Statute.  Israeli legal scholars have generally taken a similar position, but this appears to be flawed.

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Foreign state denies Canadians entry because of names

By: Law is Cool · August 21, 2009 · Filed Under International Law, Politics · Add Comment 

Israel targets Palestinian-Canadians

Since Americans appearing to have Palestinian heritage are hit also, the US Administration is twisting Israelis’ arms to change the policy. Predictably, the Canadian government is silent.

Michael Yadegari Gets In The Mind of Israel

By: Omar Ha-Redeye · July 13, 2009 · Filed Under International Law, Law School, Politics, Pop Culture, Reviews · Add Comment 

Michael YadegariI’m doing a law program in Israel right now with an interesting guy – Michael Yadegari, a Persian-Jewish law student from Los Angeles who did this program last year.

He is currently a JD/MBA student at Chapman University in Orange, CA and President of the Jewish Law Students Association and founder of Chabad at Chapman.

He spent his time here putting together a documentary, In the Mind of Israel, a non-partisan compilation of first-hand accounts about why Israelis, both Jews and Arabs, live in their country.

The video presents a vast diversity of perspectives and positions, representing a diversity of opinions that we rarely see outside of Israel. He interviews ordinary Israelis, members of parliament, soldiers, law professors, and students.

There are some political implications of the film, including options towards a peace process.   Those interviewed express controversial views from across the political spectrum, and helps highlights some of the enormous challenges Israel has within itself in determining what course of action to take for the future.  It includes some pretty strong statements, including,

The Arabic (sic) needs to die.

Others claim that Israeli politicians use the Palestinian issue for their own ends, and are not really interested in resolving the problem at all.  One Arab truck driver emphasizes that they already live together, and collective cooperation towards a solution is certainly possible.

Israel is not a monolithic country, but this film does help give a glimpse into the very complicated minds of those who live there.  Perhaps even more important than an international audience seeing this would be for Israelis themselves to talk to each other and resolve their differences, educate one another about misunderstandings, and move beyond the historical obstacles that have hindered progress thus far.

You can purchase a copy of the film here.

Comfortable in a kippa or a kaffiyeh

By: Law is Cool · March 6, 2009 · Filed Under Civil Rights, Law School, Politics · Add Comment 

Published in today’s Star and reproduced here at the request of the authors.

Apartheid or no apartheid, what is going on across Canadian university campuses this week is not a mature and helpful way to promote dialogue and raise awareness.

In the standoffs that result year after year during this week, the people involved on both sides further alienate the public at large. For Osgoode Hall Law School students, this week means trying to avoid all the protests and counterprotests taking place around York University’s campus.

Thankfully, there are no protests at the law school and no posters to be found on any of its walls. The law school accommodates all of us so that everyone who walks around feels comfortable no matter his or her religion, political views or nationality.

As Osgoode students, we find the events at York to be strange. There is no discussion taking place, but rather two sides screaming at each other.

It is no surprise that these encounters frequently end with the police being called and both sides being charged by the university. It would be truly devastating if somewhere down the line these encounters result in violence or someone being seriously hurt, if that has not already happened.

At Osgoode Hall, the Jewish Law Students’ Association and Muslim Law Students’ Association may have different agendas and goals but we are all friends with each other. We do not all have to agree with each other’s views to respect one another.

When friends discuss politics, even such hot topics as Israel and Palestine, you are more open to listen to the other side and hear the points they are making. No megaphones, no flags, just two groups listening to what the other has to say.

Often, members of our associations have admitted that they have had to rethink certain issues and change certain opinions they held due to some of these open and collegial discussions.

Apartheid Week only seeks to divide the campus more than it already is. Whereas the JLSA and MLSA are open to working together to try to host events that speak to the students’ common goals, such as finding lawyers to come talk to our groups about difficulties maintaining our religious practices in the workforce, or issues of keeping kosher and Halal at law firms, the thought of something like this taking place at York is worrying.

Additionally, Osgoode Hall offers courses in both Jewish and sharia law. One need not be of any specific nationality or religion to attend, and it would not be considered strange if anyone took up the offer.

By learning about the history and background of the other, we see that other as a human being rather than part of an ideology, and the debate suddenly becomes more humane. The way that Israel Apartheid Week is conducted only seeks to exploit the differences between us and does not focus on any of the good that we can do together or that can be achieved by having proper discourse in a responsible, academic setting.

Until the activists on both sides of the debate realize this, nothing will be achieved and emotionally charged students will continue to yell and scream at each other while not being heard and achieving nothing.

Debate is never futile, but what goes on at York’s campus can hardly be referred to as anything resembling a debate. This only seeks to increase animosity between the two sides while ignoring the good that we can do together.

Let both sides cool off, and when they are ready to have a true dialogue, let it take place in a civil forum. Right now nothing is being gained, and so much is being lost.

We are thankful that the law school is a place where we can be comfortable walking around in both kippas and kaffiyehs, and where the two groups can talk and consider each other as friends.

We may be somewhat divided on the issue of Israel and Palestine, but we realize that there are reasonable arguments on both sides of the debate, and have tried to come to an agreeable position.

While this will not bring peace to the Middle East, it fosters an environment where everyone feels comfortable about who they are, something that is wholly lacking at York University currently.

Joseph Juda is co-president of the Jewish Law Students’ Association at Osgoode Hall Law School. Ahsan Mirza is president of the Muslim Law Students’ Association at Osgoode Hall Law School.