DOCSLIB.ORG

Justice (Switzerland) Yaffa Zilbershats, Prof

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Justice (Switzerland) Yaffa Zilbershats, Prof Winter 2014-2015 No.55 JTheUSTICE magazine of the International Association of Jewish Lawyers and Jurists Special Issue on UNRWA UNRWA UNRWA to 1975: Organizational Adaptation and Changing Contexts UNRWA: The Crux of the Arab-Israeli Conflict Past, UNRWA: Still UN-Fixed Why Has the U.S. Congress Present Done so Little about UNRWA? some Two “Refugee” Organizations: UNRWA vs. UNHCR Future Proud Palestinians Must Lead & the Fight to Reform UNRWA Scenarios The International Association of Jewish Lawyers and Jurists Honorary President: Hadassa Ben-Itto, Judge (Ret.) (Israel) Life time Member: Irwin Cotler, Prof. (Canada) Honorary Vice Presidents: Joseph Roubache (France) Oreste Bisazza Terracini, Dr. (Italy) Executive Committee: Board of Governors: President: Irit Kohn (Israel) Irit Kohn (Israel) Haim Klugman (Israel) Avraham (Avi) D. Doron (Israel) Deputy President: Meir Rosenne, Dr. (Israel) Haim Klugman (Israel) Mirella M. Bamberger (Israel) Alyza D. Lewin (USA) Vice President and Treasurer: Marcos Arnoldo Grabivker, Judge (Argentina) Avraham (Avi) D. Doron (Israel) Maurizio Ruben (Italy) Amos Shapira, Prof. (Israel) Vice President and Coordinator with Baruch Katzman (Israel) International Organizations: Calev Myers (Israel) Meir Rosenne, Dr. (Israel) Daniel Benko (Croatia) David Benjamin (Israel) Vice President and Secretary General: David Pardes (Belgium) Mirella M. Bamberger (Israel) Dov Shefi, Brig. (Ret.) (Israel) Edna Kaplan-Hagler, Judge (Ret.) Dr. (Israel) Vice Presidents: Ethia Simha (Israel) Alyza D. Lewin (USA) Gavriel Mairone (USA) Marcos Arnoldo Grabivker, Judge (Argentina) Jeremy D. Margolis (USA) Maurizio Ruben (Italy) Jimena Bronfman (Chile) Jonathan Lux (UK) Academic Adviser: Lipa Meir, Dr. (Israel) Yaffa Zilbershats, Prof. (Israel) Maria Canals De-Cediel, Dr. (Switzerland) Meir Linzen (Israel) Representatives to the U.N. in Geneva: Michael H. Traison (USA) Tom Gal (Switzerland) Nathan Gelbart (Germany) Calev Myers (Israel) Noemi Gal-Or, Dr. (Canada) Gavriel Mairone (USA) Olaf S. Ossmann (Switzerland) Pascal Markowicz (France) Representatives to the U.N. in New York: Peggy Sharon (Israel) Regina Tapoohi (USA) Pesach Kanir (Israel) Calev Myers (Israel) Regina Tapoohi (USA) Elad Popovich (Israel/USA) Richard Horowitz (Israel) Mark A. Speiser Ruben Pescara (Italy) Sarah B. Biser (USA) Representative to the European Parliament: Stephen C. Rothman, Judge (Australia) Pascal Markowicz (France) Stephen R.Greenwald, Prof. (USA) Suzanne Wolfe-Martin (Switzerland) Vera Rottenberg-Liatowitsch, Justice (Switzerland) Yaffa Zilbershats, Prof. (Israel) Executive Director: Ronit Gidron–Zemach (Israel) * All members of the Executive Committee are members of the Board of Governors JUSTICE No. 55, Winter 2014-2015 Contents Special Adviser Irit Kohn, Adv. President’s Message Editor Highlights from Opening Statement at Eilat Conference Mala Tabory, Dr. Nov. 2014 2 Advisory Editor Alan Stephens A Brief History of UNRWA to 1975: Organizational Adaptation and Changing Contexts Advisory Board Alan Baker, Ambassador (ret.), Adv. Alexander H. Joffe 4 Natan Lerner, Prof. Michla Pomerance, Prof. UNRWA: The Crux of the Arab-Israeli Conflict Daphne Richemond Barak, Dr. Asaf Romirowsky 10 Robbie Sabel, Prof. Amos Shapira, Prof. UNRWA: Still UN-Fixed Mala Tabory, Dr. James G. Lindsay 15 Yaffa Zilbershats, Prof. Research Assistant Why Has the U.S. Congress Done so Little about UNRWA? Alisa Gannel Steven J. Rosen 24 Legal Copy Editor Avi Charney A Tale of Two “Refugee” Organizations: Graphic Design UNRWA vs. UNHCR Climax Design Studio Ltd. Shabtai Shavit 34 www.climax-design.co.il | 03-7516747 Proud Palestinians Must Lead the Fight to Reform UNRWA + Letter NEVZLIN FAMILY Bassem Eid 38 FOUNDATION Publication of JUSTICE is made possible The UN Human Rights World: Legitimizing Anti-Semitism through the generous assistance of the Anne Bayefsky 41 Nevzlin Family Foundation. JUSTICE is published by The International Association of Jewish Lawyers and Jurists 10 Daniel Frisch St. Tel Aviv 6473111, Israel Tel: +972 3 691 0673 Fax: +972 3 695 3855 [email protected] www.intjewishlawyers.org © Copyright 2015 by IAJLJ ISSN 0793-176X JUSTICE is published for members and friends of the International Association of Jewish Lawyers and Jurists. Opinions expressed in JUSTICE are those Donors to IAJLJ of their authors and do not necessarily reflect the The IAJLJ extends its appreciation for donations made by the following views of JUSTICE or the International Association of leading Law Firms in Israel during 2014: Jewish Lawyers and Jurists. The accuracy of articles appearing in JUSTICE is the sole responsibility of Balter, Guth, Aloni & Co. Law Offices their authors. Articles in English are welcome but Goldfarb Seligman & Co. should be preceded by a query to the IAJLJ Advisory Herzog Fox & Neeman Board at [email protected]. Back issues of Levitan, Sharon & Co. JUSTICE are available at www.intjewishlawyers.org. Meitar, Liquornik, Geva, Leshem, Tal - Law Offices POSTMASTER: Send address corrections to Justice, 10 Daniel Frisch St., Tel Aviv 6473111, Israel. Winter 2014-2015 1 JUSTICE President’s Message Highlights from the Opening Statement of the IAJLJ Conference, Eilat, Nov. 19, 2014 n light of the difficult events that we experienced the vast majority of Jews (77%) fail to report the incidents during the recent “Protective Edge” campaign, I am to either Jewish organizations or local law enforcement Iparticularly pleased that this time the IAJLJ conference agencies. About 23% of Jews do not participate in Jewish is taking place in Israel. We decided to add to the events or attend Jewish institutions for fear of being program a panel discussion on the legal attacked en route, while 38% of the respondents aspects of the campaign and its do not leave their homes with any distinguishing consequences. symbols such as a Kippa or a Star of David. Our organization was founded in 1969 by Twenty-nine percent of Jews are considering René Cassin, Arthur Goldberg and Haim emigrating and 66% of the respondents consider Cohn. At the time, they stressed that the anti-Semitism to be a problem that affects their purpose of establishing the organization was lives. Seventy-six percent indicated that anti- to fight anti-Semitism and Holocaust denial, Semitism has worsened over the past five years. although they added that the organization Just a few weeks after the release of the study, would also focus on human rights for all the Agency removed the working definition of people. anti-Semitism that had been in international use Anyone who has followed the recent since the beginning of 2005 from its website. activities of our association will agree that we are fully The official reason given for the removal was that the committed to our founders’ vision, and our organization definition of anti-Semitism had never been made part of has been active in a variety of spheres, among which a binding EU document. Furthermore, it was explained human rights hold an important place. that the definition of anti-Semitism, as well as other non- The founders of the organization could not possibly papers designed to provide a platform for discussion, have anticipated the terrible deterioration in attitudes had been removed from the FRA site during the process towards Jews that we are witnessing today. of overhauling the site. In recent years, we have seen increasing displays of These actions can be regarded as an insult to the anti-Semitism around the world, including terrorism and definition of anti-Semitism, which was drafted within attempts to attack Jewish targets, harassment of Jews and the framework of a joint effort by researchers and incidents of violence surrounding Jewish schools and organizations, including those affiliated with the European synagogues. Anti-Semitic statements have been voiced Union, and which was widely considered to be an by various influential journalists and by leaders of international achievement. The definition was praised countries. We have also noticed the strengthening of because it provided law enforcement agencies with an extremist political parties and their entry into government effective tool for identifying and punishing anti-Semitism institutions. and other racist incidents. 2013 was one of the most difficult years of the last It is important to note that this definition of anti- decade, because anti-Semitism shifted sharply from the Semitism contained a number of sections identifying radical fringes of the left and right towards the center of anti-Zionism and certain attitudes toward Israel as anti- society, and indeed anti-Semitic incidents became a daily Semitism. In particular circumstances, it was considered occurrence. anti-Semitic when Israel was compared to Nazi Germany In early November 2013, FRA, the European Union and when Israel was the object of discrimination, as is so Agency for Fundamental Rights, a research body, common in dialogue today. In recent years, these sections published a comprehensive study on the reactions and have been strongly criticized, and they have been at the feelings towards anti-Semitism in eight EU member states. center of discussions in the courts of England and the The study surveyed nearly 6,000 Jews in countries where United States. Removal of the definition means the about one million Jews reside, representing 90% of all legitimization of negative views toward Israel and its European Jewry. The picture that emerges from the survey Jewish supporters in the Diaspora, even if the reason for is alarming.
Load more

Recommended publications
  • The Right to Peace, Which Occurred on 19 December 2016 by a Majority of Its Member States
    In July 2016, the Human Rights Council (HRC) of the United Nations in Geneva recommended to the General Assembly (UNGA) to adopt a Declaration on the Right to Peace, which occurred on 19 December 2016 by a majority of its Member States. The Declaration on the Right to Peace invites all stakeholders to C. Guillermet D. Fernández M. Bosé guide themselves in their activities by recognizing the great importance of practicing tolerance, dialogue, cooperation and solidarity among all peoples and nations of the world as a means to promote peace. To reach this end, the Declaration states that present generations should ensure that both they and future generations learn to live together in peace with the highest aspiration of sparing future generations the scourge of war. Mr. Federico Mayor This book proposes the right to enjoy peace, human rights and development as a means to reinforce the linkage between the three main pillars of the United Nations. Since the right to life is massively violated in a context of war and armed conflict, the international community elaborated this fundamental right in the 2016 Declaration on the Right to Peace in connection to these latter notions in order to improve the conditions of life of humankind. Ambassador Christian Guillermet Fernandez - Dr. David The Right to Peace: Fernandez Puyana Past, Present and Future The Right to Peace: Past, Present and Future, demonstrates the advances in the debate of this topic, the challenges to delving deeper into some of its aspects, but also the great hopes of strengthening the path towards achieving Peace.
    [Show full text]
  • Strategic Nonviolent Struggle: a Training Manual
    NONVIOLENT TRANSFORMATION OF CONFLICT—AFRICA STRATEGIC NONVIOLENT STRUGGLE: A TRAINING MANUAL Christopher A. Miller EDUCATION FOR PEACE AFRICA PROGRAMME The mission of the University for Peace is to provide humanity with an international institution of higher education for peace with the aim of promoting among all human beings a spirit of understanding, tolerance, and peaceful coexistence, to stimulate cooperation among peoples, and to help lessen obstacles and threats to world peace and progress in keeping with the noble aspirations proclaimed in the Char- ter of the United Nations. Charter of the University for Peace, Article , approved by the UN General Assembly in Resolution A/RES/5/55 University for Peace, Africa Programme PO Box 794, code 50 EDUCATION Addis Ababa, Ethiopia FOR PEACE AFRICA Tel: +5--68099 PROGRAMME Fax: +5--68099 Email: [email protected] Website: www.africa.upeace.org NONVIOLENT TRANSFORMATION OF CONFLICT—AFRICA Additional titles in this series: ‘Bite Not One Another’: Selected Accounts of Nonviolent Struggle in Africa Only Young Once: An Introduction to Nonviolent Struggle for Youths Also available: Teaching Model: Nonviolent Transformation of Conflict To order, contact [email protected] 4 NONVIOLENT TRANSFORMATION OF CONFLICT—AFRICA STRATEGIC NONVIOLENT STRUGGLE A TRAINING MANUAL Christopher A. Miller Mary E. King Series Editor EDUCATION FOR PEACE AFRICA University for Peace, Africa Programme PROGRAMME Addis Ababa, Ethiopia 5 Cover photo: Strained relations among the more than sixty ethnic groups in Côte d’Ivoire were exacerbated by the civil war that began in 99. Interethnic relations within the nation are thus a key factor in seeking a representative and democratic government and building national unity and sustainability.
    [Show full text]
  • The Secretary-General Message to the Solemn
    THE SECRETARY-GENERAL MESSAGE TO THE SOLEMN MEETING ON THE THIRTY-EIGHTH ANNIVERSARY OF THE ORGANIZATION OF AFRICAN UNITY (To be read on his behalf by Mr. Ibrahim Gambari, Under-Secretary- General' and Special Adviser on Africa) New York, 24 May 2001 I send my congratulations and best wishes to the Organisation of African Unity, which for 38 years has been the voice of Africa in the concert of nations, and has helped Africa to play its part on the international stage. More than that, the OAU has provided African states with a clear goal and a collective vision. In the years since 1963 steady progress has been made in forging closer links between the peoples of Africa - at regional and sub-regional levels - and in strengthening co-operation among them. Just as we remember with gratitude the OAU's role as a rally ing-point during the liberation struggle, so today we applaud its efforts to mobilise the collective will of the continent against mankind's ancient enemies - war, want, and disease - even when they take on new and hideous forms such as HIV/AIDS. Just last month, we saw a clear illustration of the OAU's continuing relevance in the successful convening and outcome of the Abuja summit on HIV/AIDS, tuberculosis, and other infectious diseases. Today, as Africa takes on the challenges and seizes the opportunities of globalisation, we see the OAU providing once again an indispensable forum and structure where its member states can consult and plan how best to further their shared interests. We also see African leaders planning to transform the OAU into a deeper "African Union" - a bold endeavour which deserves the fullest support from the international community.
    [Show full text]
  • Israel: Alternative Regional Options in a Changing Middle East
    Report June 2013 Israel: alternative regional options in a changing Middle East By Yossi Alpher1 Executive summary Today Israel confronts broad regional security challenges reminiscent of those it faced in the early decades of its existence. Then it responded to the threat posed by the hostile Arab states that surrounded it by developing the “periphery doctrine”. It formed strategic ties with Iran, Turkey and other non-Arab, non- Muslim or geographically distant Arab states and minorities that shared its concerns. The original periphery doctrine ground to a halt between 1973 and 1983 and was in many ways replaced by the Arab-Israel peace process, both bilateral and multilateral. Eventually, the failure to register significant progress toward a solution of the Palestinian issue blunted this momentum. Currently Israel sees itself increasingly ringed by hostile Islamists in Egypt, Gaza, southern Lebanon and probably Syria, as well as non-Arab Turkey and Iran. Once again it confronts the spectre of regional isolation. But it is far better equipped than in the past to deal with a hostile ring of neighbours. Its policy options include not only a “new periphery” (Azerbaijan, Cyprus, Greece and Ethiopia, among others), but also the projection of both soft (particularly economic) and hard power, a search for accommodation with political Islam beginning with Hamas in Gaza, and a partial or comprehensive two-state solution agreement with the West Bank-based PLO. Introduction hostile Arab states motivated by Arab nationalism and led Today Israel confronts broad regional security challenges by Egypt’s Gamal Abdel Nasser. These neighbouring that in some ways are reminiscent of those it faced in the countries were smarting from a string of military defeats at early decades of its existence.
    [Show full text]
  • Towards the Third Cycle of the Upr: Stick Or Twist?
    POLICY REPORT TOWARDS THE THIRD CYCLE OF THE UPR: STICK OR TWIST? Lessons learnt from the first ten years of the Universal Periodic Review Subhas Gujadhur and Marc Limon July 2016 PREFACE This report on the Human Rights Council's Universal Periodic Review (UPR) mechanism is the result of a two-year project led by Subhas Gujadhur and Marc Limon. It reflects primary and secondary desk research, data analysis covering reports and recommendations from the first two UPR cycles, three policy dialogues in Geneva and over fifty interviews with key policymakers, including State delegates, capital-based experts, NGOs, UN officials and academics. The authors would like to extend particular thanks to Nicholas Alexander for his help with the statistical analysis that underpins many of the key findings of this report. Notwithstanding, the analysis, conclusions and recommendations presented in the report are entirely the authors' own responsibility. Authors Subhas Gujadhur Marc Limon Research assistants Nicholas Alexander Giovanna Voltolina Courtney Tran © Universal Rights Group 2016 ISBN: 978-2-9700961-6-0 TABLE OF CONTENTS Executive Summary 2 Part I: Promoting universal respect for the protection of all human rights 8 Part II: Lessons learnt from the UPR's first ten years 18 1. State reporting 22 2. Peer review in the UPR Working Group 23 3. Adoption of the review outcome 35 4. Implementation of accepted recommendations 35 5. Implementation: structures, reporting, patterns 39 Recommendations 42 _ 1 EXECUTIVE SUMMARY THE UNIVERSAL PERIODIC REVIEW hoped for). States also agreed that the Council would ‘undertake a universal periodic review, based on objective and reliable infor- In 2005, Heads of State meeting at the UN’s World Summit re- mation, of the fulfilment by each State of its human rights obliga- solved to create the Human Rights Council (the Council) to re- tions and commitments in a manner which ensures universality place the Commission on Human Rights (the Commission).
    [Show full text]
  • U.N. Peacekeeping Operations in Africa
    U.N. PEACEKEEPING OPERATIONS IN AFRICA HEARING BEFORE THE SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION April 30, 2019 Serial No. 116–30 Printed for the use of the Committee on Foreign Affairs ( Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov, or http://http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 36–134PDF WASHINGTON : 2019 COMMITTEE ON FOREIGN AFFAIRS ELIOT L. ENGEL, New York, Chairman BRAD SHERMAN, California MICHAEL T. MCCAUL, Texas, Ranking GREGORY W. MEEKS, New York Member ALBIO SIRES, New Jersey CHRISTOPHER H. SMITH, New Jersey GERALD E. CONNOLLY, Virginia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida JOE WILSON, South Carolina KAREN BASS, California SCOTT PERRY, Pennsylvania WILLIAM KEATING, Massachusetts TED S. YOHO, Florida DAVID CICILLINE, Rhode Island ADAM KINZINGER, Illinois AMI BERA, California LEE ZELDIN, New York JOAQUIN CASTRO, Texas JIM SENSENBRENNER, Wisconsin DINA TITUS, Nevada ANN WAGNER, Missouri ADRIANO ESPAILLAT, New York BRIAN MAST, Florida TED LIEU, California FRANCIS ROONEY, Florida SUSAN WILD, Pennsylvania BRIAN FITZPATRICK, Pennsylvania DEAN PHILLIPS, Minnesota JOHN CURTIS, Utah ILHAN OMAR, Minnesota KEN BUCK, Colorado COLIN ALLRED, Texas RON WRIGHT, Texas ANDY LEVIN, Michigan GUY RESCHENTHALER, Pennsylvania ABIGAIL SPANBERGER, Virginia TIM BURCHETT, Tennessee CHRISSY HOULAHAN, Pennsylvania GREG PENCE, Indiana TOM MALINOWSKI,
    [Show full text]
  • International Humanitarian Law, ICRC and Israel's Status in the Territories
    Volume 94 Number 888 Winter 2012 International humanitarian law, ICRC and Israel’s status in the Territories Alan Baker Alan Baker is the former legal adviser of Israel’s Ministry of Foreign Affairs, and former ambassador of Israel to Canada. He previously served in the international law division of Israel’s Military Advocate General’s Corps, handling issues of international humanitarian law and relations with the International Committee of the Red Cross (ICRC). He is presently director of the Institute for contemporary Affairs at the Jerusalem Institute for Public Affairs. This article discusses contentions voiced by ICRC President Maurer in a speech on ‘Challenges to humanitarian action in contemporary conflicts: Israel, the Middle East and beyond’, developed in the form of the article in this issue of the International Review of the Red Cross. It discusses challenges to international humanitarian law in situations where one party violates humanitarian norms, and questions some ICRC contentions and assumptions regarding the status of the West Bank territories, the status of Israel- Palestinian agreements, the status of the Gaza Strip, the concept of ‘occupation’, Israel’s settlement policy, Israel’s separation barrier, East Jerusalem, and concludes with a discussion of ICRC policies of confidentiality, as opposed to public engagement. doi:10.1017/S181638311300060X 1511 A. Baker – International humanitarian law, ICRC and Israel’s status in the Territories This article discusses and analyses several points and contentions voiced by ICRC President Peter Maurer in his article in this issue of the International Review of the Red Cross.1 In his article, President Maurer discusses the significance, importance and challenges of international humanitarian law in general, as well as specific topics relating to Israel’s status and actions in the territories.
    [Show full text]
  • International Law & House Demolitions
    International Law icahd.org/get-the-facts/international-law/ International Law & House Demolitions By Itay Epshtain, LL.M. Prolonged Occupation Israel is obligated to create and maintain conditions that will ensure Palestinians’ realization of their rights to self- determination, participation without discrimination in public affairs, and their right, as individuals and collectively, to develop and advance their respective communities economically, socially, culturally, and politically, according to their needs. That assertion has been authoritatively upheld by the International Court of Justice (ICJ) in its 2004 Advisory Opinion: “The Court also notes that the principle of self-determination of peoples has been enshrined in the United Nations Charter and reaffirmed by the General Assembly in resolution 2625 (XXV) cited above, pursuant to which “Every State has the duty to refrain from any forcible action which deprives peoples referred to [in that resolution] […] of their right to self- determination.” Article 1 common to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights reaffirms the right of all peoples to self-determination, and lays upon the States parties the obligation to promote the realization of that right and to respect it, in conformity with the provisions of the United Nations Charter. […] Israel is bound to comply with its obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian
    [Show full text]
  • Fathom Journal Issue 22
    Fathom Journal Issue 22 DEBORAH FINEBLUM AMOS YADLIN SHABTAI SHAVIT GARY KENT JOEL SINGER NADAV EYAL RAPHAEL ALMAGOR PAUL IDDON JOHN LYNDON LIAM HOARE ADAM LEBOR JAMES SORENE PHILIP MENDES ALAN JOHNSON JOHN STRAWSON YOCHANAN PLESNER ERAN EZTION 1 YADLIN| ISRAEL’S STRATEGIC CHALLENGES FOUR STRATEGIC THREATS ON ISRAEL’S RADAR | A SPECIAL BRIEFING BY FORMER IDF INTELLIGENCE HEAD AMOS YADLIN AMOS YADLIN Speaking at a private forum in late 2018, Director of the Institute for National Security Studies, Maj. Gen. (ret.) Amos Yadlin presents an overview of the different regional threats facing Israel as well as the ongoing challenge of the Russian presence in the Middle East. Below is an edited transcript of his remarks. Introduction Israel faces numerous strategic security challenges both on its borders and hundreds of miles away. Its main security challenges come from Hamas in Gaza, Iran’s entrenchment in Syria, Leb- anese Hezbollah, and Iran’s nuclear ambitions. In order to fully understand the scope of these threats, one must analyse them on a scale of immediacy and severity [see infographic 1]. Hamas is the most immediate threat Israel faces, but the least severe. The next most immediate threat is the Syrian civil war coupled with Iran’s entrenchment in the country. After that comes the medi- um-term threat posed by Hezbollah, a far more severe challenge. The most severe and long-term threat Israel faces is Iran’s nuclear ambitions. This essay will analyse the scope, severity, and im- mediacy of these threats. Infographic 1: Threats to Israel’s National Security 2 FATHOM 22 The threat from Hamas When analysing the situation in Gaza, one cannot disconnect it from Israel’s other three main se- curity challenges – the Syrian civil war, Hezbollah, and the Iranian nuclear threat.
    [Show full text]
  • Protection of Welfare Rights Under the Charter
    THE PROTECTION OF WELFARE RIGHTS UNDER THE CHARTER Martha Jackman* We are not so traditionally accustomed, however, to say that without an unemployment insurance law, or without an old age pensions law, or laws providing for free universal education, there is no liberty.... The object of these laws is to free men and women from known and certain risks which exist in our industrialised society, and which if not insured against can destroy so much liberty among so many individuals as to make Bills of Rights to them a hollow mockery. - Frank R. Scott' INTRODUCTION While the ambiguity and uncertainty surrounding many of the pro- visions of the CanadianCharter ofRights and Freedoms2 might be subject to criticism, I prefer the view that Canadians are now in the enviable position of deciding not only what their Constitution should say, but what it does say. This is particularly true with respect to section 7 of the Charter, which provides: 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. The scope and meaning of section 7 has generated considerable debate. Some commentators have suggested that section 7 only provides for procedural protection against state deprivations of life, liberty or physical security. Others have suggested that section 7 extends to a much wider range of interests, including those conducive to human dignity, and to the ability to carry on activities essential to a person's conception of how * Faculty of Law, University of Ottawa.
    [Show full text]
  • Israel's Rights As a Nation-State in International Diplomacy
    Jerusalem Center for Public Affairs Institute for Research and Policy המרכז הירושלמי לענייני ציבור ומדינה )ע"ר( ISRAEl’s RiGHTS as a Nation-State in International Diplomacy Israel’s Rights as a Nation-State in International Diplomacy © 2011 Jerusalem Center for Public Affairs – World Jewish Congress Jerusalem Center for Public Affairs 13 Tel Hai Street, Jerusalem, Israel Tel. 972-2-561-9281 Fax. 972-2-561-9112 Email: [email protected] www.jcpa.org World Jewish Congress 9A Diskin Street, 5th Floor Kiryat Wolfson, Jerusalem 96440 Phone : +972 2 633 3000 Fax: +972 2 659 8100 Email: [email protected] www.worldjewishcongress.com Academic Editor: Ambassador Alan Baker Production Director: Ahuva Volk Graphic Design: Studio Rami & Jaki • www.ramijaki.co.il Cover Photos: Results from the United Nations vote, with signatures, November 29, 1947 (Israel State Archive) UN General Assembly Proclaims Establishment of the State of Israel, November 29, 1947 (Israel National Photo Collection) ISBN: 978-965-218-100-8 TABLE OF CONTENTS Introduction and Overview Ambassador Alan Baker .......................................................................................................................................................................... 5 The National Rights of Jews Professor Ruth Gavison ........................................................................................................................................................................... 9 “An Overwhelmingly Jewish State” - From the Balfour Declaration to the Palestine Mandate
    [Show full text]
  • Goodbye UN Hello United Democratic Nations the Jerusalem Post September 19, 2006, Tuesday Copyright 2006
    Good­bye UN hello United Democratic Nations The Jerusalem Post September 19, 2006, Tuesday Copyright 2006 The Jerusalem Post The Jerusalem Post September 19, 2006, Tuesday SECTION: OPINION; Pg. 15 LENGTH: 2107 words HEADLINE: Good­bye UN hello United Democratic Nations BYLINE: Anne Bayefsky HIGHLIGHT: An antidote to the wavering and moral relativism of Turtle Bay. The writer is a senior fellow at the Hudson Institute professor at Touro Law Center and editor of www.EYEontheUN.org BODY: Today three individuals will address the opening of the 61st annual session of the UN General Assembly: Secretary­General Kofi Annan US President George W. Bush and Iranian President Mahmoud Ahmadinejad. For the city that marked last week's fifth anniversary of 9/11 with continuing trauma as well as resolve the UN spectacle is profoundly disturbing. Outside the insulated halls of Turtle Bay there is a war going on. It is a war which threatens the welfare of decent people the world over and a war we cannot afford to lose. We are therefore obliged to ask and answer the question: Is the UN a help or a hindrance to our success on the battlefield of ideas and the very real trenches that lie beyond? To win this war we must be certain that those who call themselves our generals have the skills the fortitude and the integrity to deserve our trust and our support our toil and our blood. And if not we owe it to ourselves and to our children's children to ensure that there are alternatives to this institution's infirmity and that we will not react with indifference despair and defeat.
    [Show full text]