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Palestinian Village Takes the International Stage

25/07/08

Bi’lin, a small agricultural village in the West Bank of occupied Palestine, has commenced unprecedented legal proceedings in Canada against two Canadian companies, suing them with violation of both international law and Canadian domestic law by aiding, abetting and assisting war crimes committed by Israel.

Bi’lin, like too many other Palestinian villages and towns, is fighting for its survival against the zionist Apartheid Wall and the colonisation of their land. Four illegal zionist settlements and the Apartheid Wall already annex over 60 per cent of the land in Bi’lin, leaving hundreds of villagers homeless and without access to their land, which they rely on for their income.

The two Canadian companies, Green Park International and Green Mount International, are accused of “acting as agents of Israel” in illegally constructing, marketing and selling residential units in the illegal zionist settlement of Modi’in Illit on Palestinian land.

Although there have previously been court cases in the Israeli state against settlement construction, this is the first time a case has been taken abroad against individual construction companies, particularly under war crimes legislation.

The lawsuit is believed to be the first time a private company has been sued for investing in Israeli settlements.

"My understanding is that it will serve as a blinking red light for any investors and corporations that are considering doing anything in the settlements," said Michael Sfard, a Tel Aviv lawyer who is co-representing Bi’lin.

All zionist settlements in the Occupied Territories are illegal under international law, although Israel has refused to reconigise this and continues to construct and expand these blights on the landscape.

Under the Fourth Geneva Convention (Article 49), an occupying power is prohibited from transferring part of its own civilian population into the territory it occupies. Such transfer of settlers into occupied territory is a war crime under the Rome Statute of the International Criminal Court.

The legal team representing Bi’lin believe that the defence will object to this lawsuit, arguing that Canadian courts do not have proper jurisdiction to try this case. However, Canada's Crimes Against Humanity and War Crimes Act of 2000 has jurisdiction over Canadians, regardless of where in the world the offence has taken place.

Bi’lin is seeking an immediate order from the Canadian court stopping the illegal construction and activities, ordering the demolition of buildings already illegally erected, and punitive damages in the region of $2 million. About 30 buildings, with 250 apartments already erected, are affected by the lawsuit, which would directly impact upon future construction and expansion of all illegal settlements.

A court order would have no jurisdiction outside of Canada but, if successful, Bi’lin intends to petition the Israeli court to enforce the Canadian order in ‘Israel’ and the West Bank.

Mark Arnold, a Toronto-based lawyer providing legal co-counsel for Bil'in said:

"This is legal history, it’s the first case ever to raise this argument. To some degree, we have already won just by filing it, since it will make other corporations think twice before supporting settlements. And, if we succeed, we will set a huge, huge precedent."

The action is due to be presented before the court on August 11.

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