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Spring-Summer 2017 No.59 JTheUSTICE Legal Magazine of the International Association of Jewish Lawyers and Jurists JUSTICE צדק JUSTICE JUSTICE צדק JUSTICE צדקצדק צדק JUSTICE צדק JUSTICE צדק JUSTICE צדקJUSTICE JUSTICE JUSTICE JUSTICE צדק צדק JUSTICE צדק JUSTICE JUSTICE JUSTICE צדק צדק JUSTICE JUSTICEצדק JUSTICE צדק JUSTICE JUSTICE 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: Mirella M. Bamberger (Israel) Haim Klugman (Israel) Marcos Arnoldo Grabivker, Judge (Argentina) Maurizio Ruben (Italy) Vice President and Treasurer: Stephen R. Greenwald (USA) Avraham (Avi) D. Doron (Israel) Alyza D. Lewin (USA) Amos Shapira, Prof. (Israel) Vice President and Secretary General: Baruch Katzman (Israel) Mirella M. Bamberger (Israel) Calev Myers (Israel) Daniel Benko (Croatia) Vice Presidents: David Benjamin (Israel) Marcos Arnoldo Grabivker, Judge (Argentina) David Pardes (Belgium) Maurizio Ruben (Italy) Edna Kaplan-Hagler, Judge (Ret.) Dr. (Israel) Stephen R. Greenwald (USA) Ethia Simha (Israel) Gavriel Mairone (USA) Representatives to the U.N. in Geneva: Jeremy D. Margolis (USA) Calev Myers (Israel) Jimena Bronfman (Chile) Gavriel Mairone (USA) Jonathan Lux (UK) Lipa Meir, Dr. (Israel) Representatives to the U.N. in New York: Maria Canals De-Cediel, Dr. (Switzerland) Regina Tapoohi (USA) Meir Linzen (Israel) Calev Myers (Israel) Michael H. Traison (USA) Elad Popovich (Israel/USA) Nathan Gelbart (Germany) Mark A. Speiser (USA) Noemi Gal-Or, Dr. (Canada) Richard Horowitz (USA) Olaf S. Ossmann (Switzerland) Pascal Markowicz (France) Representative to the European Parliament: Peggy Sharon (Israel) Pascal Markowicz (France) Pesach Kanir (Israel) Regina Tapoohi (USA) Richard Horowitz (USA) Ruben Pescara (Italy) Suzanne Wolfe-Martin (Malta) Vera Rottenberg-Liatowitsch, Justice (Switzerland) Chief Executive Officer: Ronit Gidron–Zemach (Israel) * All members of the Executive Committee are members of the Board of Governors JUSTICE No. 59, Spring-Summer 2017 Contents Editor President’s Message 2 Mala Tabory, Dr. Articles Advisory Editor Some Reflections on Security Council Resolution 2334(2016) Alan D. Stephens that Condemned Israel Ruth Lapidoth 4 Advisory Board Improving Legal and Other Protections for Europe’s Jews Deborah Housen-Couriel, Adv. Michael Whine 7 Moshe Hirsch, Prof. Media Regulation in the UK Natan Lerner, Prof. Jonathan Turner 13 Michla Pomerance, Prof. Contemporary Antisemitism on the UK University Campus: Robbie Sabel, Prof. A Case Study and Context Amos Shapira, Prof. Lesley Klaff 19 Malcolm N. Shaw, Prof. Jewish Interests in International Fora Natan Lerner 26 Research Assistant Legal Framework and Case-Law on Hate Speech in the Alisa Gannel, Adv. Republic of Croatia, with Special Focus on Antisemitism Legal Copy Editor Daniel Benko & Ana Vargek 30 Talya Herring "So that We May Cease the Oppression Wrought by Our Hands": Exploitative Contracts and Basic Values in Jewish Law Graphic Design Shahar Lifshitz 37 Climax Design Studio Ltd. International Legal Forums www.climax-design.co.il | 03-7516747 Seminar in Israel, March 4-9, 2017 Reviewed by Ronit Gidron-Zemach 48 Publication of JUSTICE is made "Antisemitism and Hate Crime in the Digital Age" possible through the generous Conference in Vienna assistance of Reviewed by Julia Andras 49 Mr. Leonid Nevzlin Book Reviews The Life, Times and Work of Jacob Robinson JUSTICE is published by Edited by Eglé Bendikaité & Dirk Roland Haupt 52 The International Association of Reviewed by Robbie Sabel Jewish Lawyers and Jurists Sovereignty in the Age of Global Terrorism: 10 Daniel Frisch St. The Role of International Organizations Tel Aviv 6473111, Israel By Miriam Feinberg Tel: +972 3 691 0673 54 Fax: +972 3 695 3855 Reviewed by Rachel Frid de Vries [email protected] The European Convention on Human Rights (ECHR) – www.intjewishlawyers.org A Guide Including a Comparison with Israeli Law © Copyright 2017 by IAJLJ By Chava Shachor-Landau 56 ISSN 0793-176X Reviewed by Nellie Munin JUSTICE is published for members and friends of the International Association of Jewish Lawyers and Jurists. Opinions expressed in JUSTICE are those of their authors and do not necessarily reflect the views of JUSTICE or the International Association of Donors to IAJLJ Jewish Lawyers and Jurists. The accuracy of articles appearing in JUSTICE is the sole responsibility of The IAJLJ extends its appreciation for donations made by the following their authors. Articles in English are welcome but leading Law Firms in Israel during 2017: should be preceded by a query to the IAJLJ Advisory Board at [email protected]. Back issues of Herzog Fox & Neeman JUSTICE are available at www.intjewishlawyers.org. Levitan, Sharon & Co POSTMASTER: Send address corrections to Justice, 10 Daniel Frisch St., Tel Aviv 6473111, Israel. Spring-Summer 2017 1 JUSTICE President’s Message right-wing forces capable of posing a real threat to This issue of Justice is published a few months before democracy and human rights. the IAJLJ international conference on "Fifty Years of a The spread of antisemitism around the world needs no United Jerusalem." During the conference, elections will elaboration. I recently heard Katharina von Schnurbein, be held for executive positions in our European Commission Coordinator on Association, pursuant to our By-Laws, and Combating Antisemitism, who stated that, in the I will hand over my honored position to the final analysis, what we see in Europe is the old newly elected IAJLJ President. I would like antisemitism, which, of course, must be fought. to briefly outline the activities of the I highlight this fact because we identified a strong Association during my tenure. connection between events in Israel, for example, The IAJLJ is an apolitical organization – the Operation “Protective Edge,” and the rise of members of which hold widely differing antisemitic activities against the Jewish citizens views on a range of topics. Accordingly, of various countries where harsh criticism was during my presidency, I have tried to develop directed at the actions of the State of Israel. These a pluralistic dialogue with opposing opinions, activities have been described as "the new even when these were not always consistent antisemitism," but a deeper examination reveals with the declared principles of our Association or not all the hallmarks of the old antisemitism, as noted above always politically correct. Given the fact that our by the EU representative. Association is devoted to fighting for human rights, we In pursuing our work against antisemitism, we must are commanded to exercise vigilance about everyone's not forget that a campaign of de-legitimization of the State human rights, something that we have indeed attempted of Israel has been waged for several years through the to do and that I consider to be a vital tenet of our existence. BDS, and consequently, during my tenure, our Association I begin by referencing how we addressed the atrocities turned its attention to the BDS movement as well. perpetrated against the Syrian civilian population, in the As part of the overall fight against antisemitism, we Human Rights Council in Geneva. The world is silent. collaborated with Professor Dina Porat of Tel Aviv We and others have asked many questions about the role University's Kantor Center for the Study of Contemporary of the United Nations, the great Powers, and others. European Jewry, in activities aimed at persuading Hundreds of thousands of men, women and children have European countries to adopt a working definition of been slaughtered, yet the Security Council is unable to antisemitism, which, we considered, could serve as a basis reach a decision to end this impossible situation because for formulating offenses in the domestic laws of countries. of cynical political considerations regarding Syria's Bashar Ultimately, a uniform definition would have made it easier al-Assad regime, Russia, Iran and Hezbollah. to fight the many antisemitic phenomena taking place In a sharp transition, I note the side events we conducted across Europe and elsewhere. Our first seminar was held in Geneva and at the UN in New York on terrorism and in Austria with the participation of the Austrian Ministry UNRWA. We held rallies on behalf of Gilad Shalit, near Red of Justice and Ministry of the Interior. We were pleased Cross institutions around the world, and championed his to note that Austria had indeed adopted that working rights as a captive. We engaged in the activities of the "Davis" definition. We are now in contact with the German UN Committee of Independent Experts responsible for Ministry of Justice to conduct a similar seminar. following up on the Goldstone Report by giving voice to During the course of my tenure, we also placed an the citizens of Sderot, who were then suffering from frequent emphasis on attracting legal delegations to Israel, where Qassam attacks; we brought witnesses from the Gaza they could have the opportunity to gain a first-hand environs to explain their plight to the committee examining impression of Israel's legal system. These are similar to the conduct of Operation "Protective Edge," UNRWA’s IAJLJ delegations abroad, such
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