DOCSLIB.ORG

The Archive Law, the GSS Law and Public Discourse in Israel

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Archive Law, the GSS Law and Public Discourse in Israel The Archive Law, theThe GSSArchive Law, Law the GSS and Law and Public Public Discourse in Israel Discourse in Israel Hillel Cohen There is a wealth of academic and popular “failures” of the GSS in its attempts to literature focusing on the state of Israel and its “promote” certain public figures at the expense Arab citizens: books which attempt to engulf the of others. entire existence of the Palestinian citizens of This omission is in stark contrast to the Israel alongside monographs of particular breadth of literature on security services in other historical events; anthologies focusing on inter- countries around the world, including the Palestinian political issues alongside studies Federal Bureau of Investigation (FBI) in the focusing on Jewish-Arab relations; descriptions United States, the Stazi in East Germany, and of various sub-populations alongside analyses the MI5 in England. For Israel, neither the and diagnoses of “collective identity problems”; security services’ activities, nor their actions literature which criticizes the institutions of the within the area of political policing (defined as state of Israel alongside literature praising it; and activities undertaken within and against minority analyses of contemporary laws and regulations groups and political organizations) have been alongside historical research. Yet, in this given sufficient attention or analysis by academic expansive literature almost no reference is made researchers. Virtually the only literature to an extremely influential agent: the General concerning the GSS are the written memoirs of Security Service (GSS). former high ranking GSS officials. The GSS influence on Palestinian society in Beginning with Issar Harel, through David Israel has been and remains immense, yet, on the Ronen, Ya’acov Peri and Carmi Gillon – to basis of available research one might conclude mention but a few prominent examples – a that GSS intervention into the Palestinian sector tradition of “self-immortalization” of GSS did not exist. Thus, one can find analyses of the activities and former high ranking officials identity-formation process of the Arab developed within the organization, channeled population in Israel that has no reference to the through the genre of popular literature and activities undertaken by the GSS, along with targeted at the Israeli general public. Yet, other state agencies, to strengthen certain sub- qualitative research of the GSS, or research identities and weaken others. Historical regarding the role of the GSS in the control and literature focusing on the Arabs in Israel almost administration of Arab society in Israel is entirely disregards a central theme in their daily nowhere to be found.1 45 lives – the wide network of informants Who actually knows what the GSS established by the GSS in all Arab coordinators undertake in the Galilee and Adalah’s neighborhoods and villages in Israel. Academic Triangle regions, or what the staff of the Arab analysis of Knesset and regional municipality division of the GSS actually does? Do they Review election results are undertaken with a blind intercept letters sent to political activists, spot, since they fail to note the historical photocopy them, and file them in their personal practices employed by the GSS - with varying files? Do they pressure Arab family leaders to degrees of success - to influence election results. vote for “moderate” political party lists? Have Discussions concerning the transformation of they or do they still enlist inciters? Do they the local and national Arab leadership in Israel employ extortion methods in order to achieve include no trace of the “accomplishments” and political goals? Do they intimidate heads of OnThe Archive the Law, theCollective GSS Law and Public DiscourseCriminalization in Israel of Political Protestors regional Arab municipalities with threats of the GSS. Section (a)(1) provides that: “Rules, “freezing” funds if they admit “unwanted” Service directives, Service procedures and the people to locally organized coalitions? Do they identity of past and present service employees arrange favorable jobs for cooperative or and of persons acting on its behalf and other influential people? Do they write and distribute particulars in respect of the Service to be fictitious announcements in the name of different prescribed by regulations are privileged and the political groups? Have they and do they stage disclosure or publication thereof is prohibited.” disputes between political organizations and Section (b)(1) determines that: “A person groups, between ethnic and religious disclosing or publishing information privileged communities, similar to the methods undertaken under this Law without a permit shall be liable by the FBI during the 1960s and 1970s? to imprisonment for a term of three years; a Certified responses to these questions are person negligently bringing about such nowhere to be found. What is primarily available disclosure or publication shall be liable to to the Hebrew reader is the information the GSS imprisonment for a term of one year.” Section is interested in distributing. The information gap (b)(2) adds that: “A past or present Service between Hebrew and Arabic readers is clear in employee or person acting on behalf of the this case. Even today, many Arabs in Israel Service who discloses or publishes confidential continue to experience GSS activities directly information without a permit under this section and personally. They do not necessarily need shall be liable to imprisonment for a term of five academic research to enlighten them about GSS years; where such disclosure or publication has presence, even if the information they do possess been committed negligently, he shall be liable to is limited. By contrast, most Israeli Jews lack imprisonment for a term of three years.” even a basic sense of the role and impact of the These latter provisions were meant to create GSS concerning Arab citizens of the state, and a two-fold blockade on the flow of information. therefore, need an informational channel on this Section (b)(2) challenges and/or blocks the direct subject to be opened. Yet, the two main modes flow of information from past or present GSS of information distribution – the academy and personnel to information mediators such as the press – have failed to supply the necessary journalists and researchers. Through Section information, and thus have hindered the Jewish (b)(1), the flow of information to the wider 46 citizens of Israel from realizing what is being public is effectively blocked, if any such Adalah’s Adalah’s undertaken in their name. information reaches outside sources. It is difficult to ascertain how much the lack of The shift from a situation in which there is publicity regarding the GSS is the result of self- little available knowledge to an actual legislative Review censorship, externally imposed censorship, or the restriction impairs the ability to conduct an open difficulties in accessing information. Yet, the and frank discussion on one of the most General Security Service Law – 2002 anchored fundamental areas of life in Israel. It violates one this discouraging lack of publicity within Israeli of the basic principles of democracy and law. Article 19 of the Law mandates the prevents a decision-making process by an imposition of criminal penalties on anyone who informed and conscientious public. The exposes or publishes classified information about reasoning, of course, is based on security The Archive Law, the GSS Law and Public Discourse in Israel grounds and this must not be taken lightly. is the US Constitution and its emphasis on Article 19 of the 1966 International Covenant freedom of expression, and the second is the on Civil and Political Rights anchors the right Freedom of Information Act. On the lack of a to receive and distribute information in constitution in Israel, even following the international law. The treaty also recognizes that “constitutional revolution,” there is neither it is legitimate for a state to limit the availability room nor perceived need to expand. But even and publication of information on the grounds Israel’s Freedom of Information Law - 1989, of national security or public order. However, including the amendment that re-instated the law total safeguarding, such as that anchored by the in 2002, is of no assistance to researchers in this GSS Law, is a far-reaching step which raises area. Article 14(2) of the law explicitly excludes questions regarding the legislature’s intentions, the GSS from the institutions to which the and which invites speculation as to the illegality Freedom of Information Law applies. or immorality of the activities undertaken Furthermore, Article 9(a) of the law declares in behind a screen of secrecy. general terms that: “An institutional authority Naturally, the blanket secrecy thrown over shall not provide information which constitutes activities of political policing is not unique to any of the following: (1) information which were Israel. The modern state is inherently busy it revealed could pose a risk to national security, gathering information on its citizens, while foreign relations, public safety or an individual’s keeping a large portion of its information well being…” concealed (both the information gathered and Thus, similar to a number of other countries, information gathering methods).2 A hidden Israel’s Freedom of Information Law is a presumption by the state is that the ignorance restrictive and restricted law, and in certain areas
Load more

Recommended publications
  • Peace Between Israel and the Palestinians Appears to Be As Elusive As Ever. Following the Most Recent Collapse of American-Broke
    38 REVIVING THE ISRAELI-PALESTINIAN PEACE PROCESS: HISTORICAL LES- SONS FOR THE MARCH 2015 ISRAELI ELECTIONS Elijah Jatovsky Lessons derived from the successes that led to the signing of the 1993 Declaration of Principles between Israel and the Palestine Liberation Organization highlight modern criteria by which a debilitated Israeli-Palestinian peace process can be revitalized. Writ- ten in the run-up to the March 2015 Israeli elections, this article examines a scenario for the emergence of a security-credentialed leadership of the Israeli Center-Left. Such leadership did not in fact emerge in this election cycle. However, should this occur in the future, this paper proposes a Plan A, whereby Israel submits a generous two-state deal to the Palestinians based roughly on that of Israeli Prime Minister Ehud Olmert’s offer in 2008. Should Palestinians find this offer unacceptable whether due to reservations on borders, Jerusalem or refugees, this paper proposes a Plan B by which Israel would conduct a staged, unilateral withdrawal from large areas of the West Bank to preserve the viability of a two-state solution. INTRODUCTION Peace between Israel and the Palestinians appears to be as elusive as ever. Following the most recent collapse of American-brokered negotiations in April 2014, Palestinians announced they would revert to pursuing statehood through the United Nations (UN), a move Israel vehemently opposes. A UN Security Council (UNSC) vote on some form of a proposal calling for an end to “Israeli occupation in the West Bank” by 2016 is expected later this month.1 In July 2014, a two-month war between Hamas-controlled Gaza and Israel broke out, claiming the lives of over 2,100 Gazans (this number encompassing both combatants and civilians), 66 Israeli soldiers and seven Israeli civilians—the low number of Israeli civilians credited to Israel’s sophisti- cated anti-missile Iron Dome system.
    [Show full text]
  • The Shin Beth Affair: National Security Versus the Rule of Law in the State of Israel
    Loyola of Los Angeles International and Comparative Law Review Volume 11 Number 1 Article 3 1-1-1989 The Shin Beth Affair: National Security versus the Rule of Law in the State of Israel Paul F. Occhiogrosso Follow this and additional works at: https://digitalcommons.lmu.edu/ilr Part of the Law Commons Recommended Citation Paul F. Occhiogrosso, The Shin Beth Affair: National Security versus the Rule of Law in the State of Israel, 11 Loy. L.A. Int'l & Comp. L. Rev. 67 (1989). Available at: https://digitalcommons.lmu.edu/ilr/vol11/iss1/3 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. The Shin Beth Affair: National Security Versus The Rule of Law in the State of Israel PAUL F. OCCHIOGROSSO* "Did you take them captive with your sword and bow that you would strike them down?" II Kings 6:22 I. INTRODUCTION' On the evening of April 12, 1984, four eighteen-year-old Pales- tinians from the Israeli-occupied Gaza Strip boarded a commuter bus headed south from Tel Aviv toward the coastal city of Ashkelon. About thirty-five Israelis were aboard. Shortly after boarding, the Arabs pulled knives and grenades and ordered the driver to continue past his destination and toward the Gaza Strip, saying they intended to take the bus from Gaza across the border into Egypt and from there negotiate the release of 500 Palestinians held in Israeli prisons.
    [Show full text]
  • The Gatekeepers: Geopolitics and the Limits of Power
    March 2013 THE GATEKEEPERS: GEOPOLITICS AND THE LIMITS OF POWER By Amos N. Guiora Amos Guiora is a Professor of Law, SJ Quinney College of Law, University of Utah. He is the author of numerous books and articles addressing national security issues, including Legitimate Target: A Criteria-Based Approach to Targeted Killing (Oxford University Press, forthcoming April 2013). Guiora served for 19 years in the Israel Defense Forces, Lt. Col. (retired); from 1994-1999 he was directly involved in the implementation of the Oslo Peace Process. He will be speaking under FPRI auspices in New York City (October 28, 2013) and Philadelphia (October 29, 2013). The Israeli movie The Gatekeepers, nominated for an Oscar award earlier this year, serves as extraordinary background for a discussion of critical issues -- and not just with respect to the Israel- Palestine conflict. What makes the movie compelling is the direct, unapologetic and reflective manner in which the limits of power is addressed. What makes the movie even more compelling is that six retired heads of the Israeli intelligence agency, the Shin Bet, address the subject. Speaking frankly, without pathos and devoid of undue emotion, the six look directly into the camera to say there is a limit to the effectiveness of power. Their frankness is particularly noteworthy because all six authorized the use of force against suspected Palestinian terrorists. The second part of their message is that Israel must negotiate directly with the Palestinians – that the conflict can be resolved only through the pen, not the sword. The Gatekeepers is particularly relevant to America on two distinct levels: American involvement in Iraq and Afghanistan and the recently released Department of Justice White Paper articulating drone policy, including against US citizens.
    [Show full text]
  • Review of the Film 'The Gatekeepers' (April 2013). (Posted on The
    Review of the film ‘The Gatekeepers’ (April 2013). (Posted on the Yachad website) By the time 'The Gatekeepers' (Dror Moreh, 2012) reaches London it will already have been seen in Israel, for months, and in the US, where its Director was nominated for the best documentary feature at the Oscars. It has also of course created much fuss. That means that a reviewer has to stand on the shoulders, or in the shadow, of many reviews which have preceded it. The reviews have mostly just expressed their astonishment at the frankness of former heads of Israel’s intelligence and security apparatus who, with Meir Dagan, the recently retired head of Mossad, have become the psychological leaders of Israel’s opposition. The film consists of material from lengthy interviews with six former heads of Shin Bet, Israel’s internal security apparatus mainly charged with preventing terrorist attacks. That in itself is remarkable in a country where security is exceeded only by falafel in the hierarchy of obsessions. More remarkable still is the extent to which the interviews give solace to what is broadly called ‘the left’ in Israel – ‘left’ denoting a vast range of attitudes which are more or less in favour of the ‘two-state solution’ and peace negotiations with Palestinian representatives. (Even George W. Bush would count.) One after another the interviewees say that their experience as heads of what they readily admit is a ruthless and cold-blooded organization leads them to believe that ‘it cannot go on like this’, that ‘one must speak to everyone’ and – in two cases at least – that the Occupation and the settlement movement are eroding, or have already irreversibly damaged, Israel’s democratic ethos.
    [Show full text]
  • Israel's Religious Right and the Question Of
    ISRAEL’S RELIGIOUS RIGHT AND THE QUESTION OF SETTLEMENTS Middle East Report N°89 – 20 July 2009 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... i I. INTRODUCTION ............................................................................................................. 1 II. NATIONAL-RELIGIOUS FRAGMENTATION AND RADICALISATION............ 3 III. THE TIME OF THE ULTRA-ORTHODOX............................................................... 12 IV. JEWISH ACTIVIST TOOLS ........................................................................................ 17 A. RHETORIC OR REALITY? ............................................................................................................17 B. INSTITUTIONAL LEVERAGE ........................................................................................................17 1. Political representation...............................................................................................................17 2. The military................................................................................................................................20 3. Education ...................................................................................................................................24 C. A PARALLEL SYSTEM ................................................................................................................25 V. FROM CIVIL DISOBEDIENCE TO VIOLENCE ....................................................
    [Show full text]
  • Tamar Amar-Dahl Zionist Israel and the Question of Palestine
    Tamar Amar-Dahl Zionist Israel and the Question of Palestine Tamar Amar-Dahl Zionist Israel and the Question of Palestine Jewish Statehood and the History of the Middle East Conflict First edition published by Ferdinand Schöningh GmbH & Co. KG in 2012: Das zionistische Israel. Jüdischer Nationalismus und die Geschichte des Nahostkonflikts An electronic version of this book is freely available, thanks to the support of libra- ries working with Knowledge Unlatched. KU is a collaborative initiative designed to make high quality books Open Access. More information about the initiative can be found at www.knowledgeunlatched.org This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License. For details go to http://creativecommons.org/licenses/by-nc-nd/3.0/. ISBN 978-3-11-049663-5 e-ISBN (PDF) 978-3-11-049880-6 e-ISBN (EPUB) 978-3-11-049564-5 ISBN 978-3-11-021808-4 e-ISBN (PDF) 978-3-11-021809-1 Library of Congress Cataloging-in-Publication Data e-ISBN (EPUB) 978-3-11-021806-2 A CIP catalog record for this book has been applied for at the Library of Congress. ISSN 0179-0986 e-ISSN 0179-3256 Bibliografische Information der Deutschen Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliographie; detailed bibliographic data are available in the Internet at http://dnb.dnb.de. This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License, © 2017 Tamar Amar-Dahl, published by Walter de Gruyter GmbH, Berlin/Boston as of February 23, 2017. For details go to http://creativecommons.org/licenses/by-nc-nd/3.0/.
    [Show full text]
  • Howard Cosell
    the hebrew university center at the edmond j. safra campus Dear Friend, I am honored to present a unique opportunity to promote physical fitness at one of the world’s top universities. The Hebrew University has just opened the doors to its newly renovated Sports Center and within it, a brand new Fitness Complex and a Tennis Center. You are invited to participate in the establishment of this prestigious new landmark in Jerusalem. Support for the new state of the art Center will enable students, staff, faculty, and residents of Jerusalem at large to enjoy an exceptional sports and health and fitness facility, while your name will be forever tied to the Hebrew University of Jerusalem as well as to the promotion of sports in Israel. This brochure provides an introduction to the Center. I look forward to seeing you soon, in Jerusalem, in order to give you a personal tour of the Center and the beautiful Edmond J. Safra Campus. Carmi Gillon Vice-President for External Relations The Hebrew University of Jerusalem The Hebrew University of Jerusalem is a world class institute of higher education spread across three campuses in Jerusalem and a fourth in Rehovot. Rated among the top 40 universities for Arts and Humanities and in the top 65 overall, the Hebrew University represents the unparalleled success of Israeli academia. 6 THE HEBREW UNIVERSITY Sports Center AT THE EDMOND J. SAFRA CAMPUS In 1925, the Hebrew University of Jerusalem opened on Mount Scopus. The First Board of Governors of the University, chaired by Dr. Chaim Weizmann, included such luminaries as Albert Einstein, Sigmund Freud, Martin Buber, Harry Sacher and Felix M.
    [Show full text]
  • Integrating the Arab-Palestinian Minority in Israeli Society: Time for a Strategic Change Ephraim Lavie
    Integrating the Arab-Palestinian Minority in Israeli Society: Time for a Strategic Change Ephraim Lavie Contributors: Meir Elran, Nadia Hilou, Eran Yashiv, Doron Matza, Keren Aviram, Hofni Gartner The Tami Steinmetz Center for Peace Research Integrating the Arab-Palestinian Minority in Israeli Society: Time for a Strategic Change Ephraim Lavie Contributors: Meir Elran, Nadia Hilou, Eran Yashiv, Doron Matza, Keren Aviram, Hofni Gartner This book was written within the framework of the research program on the Arabs in Israel and was published thanks to the generous financial support of Bank Hapoalim and Joseph and Jeanette Neubauer of Philadelphia, Penn. Institute for National Security Studies The Institute for National Security Studies (INSS), incorporating the Jaffee Center for Strategic Studies, was founded in 2006. The purpose of the Institute for National Security Studies is first, to conduct basic research that meets the highest academic standards on matters related to Israel’s national security as well as Middle East regional and international security affairs. Second, the Institute aims to contribute to the public debate and governmental deliberation of issues that are – or should be – at the top of Israel’s national security agenda. INSS seeks to address Israeli decision makers and policymakers, the defense establishment, public opinion makers, the academic community in Israel and abroad, and the general public. INSS publishes research that it deems worthy of public attention, while it maintains a strict policy of non-partisanship. The opinions expressed in this publication are the authors’ alone, and do not necessarily reflect the views of the Institute, its trustees, boards, research staff, or the organizations and individuals that support its research.
    [Show full text]
  • Israel and Middle East News Update
    Israel and Middle East News Update Monday, March 22 Headlines: ● Thousands Protest Against Netanyahu Ahead of Election ● Rivlin: Won't Act To Form Unity Government After Election ● Rivlin Meets with New UN Mideast Peace Coordinator ● Shin Bet Takes PA Foreign Minister's VIP Border Pass ● Palestinians Expand Vaccination Campaign ● IDF Arrests 2 Armed Palestinians Who Crossed Gaza Border ● Iran Threatens US Army Post and Top General ● Groups Call on Kerry To Stop Trans-Israel Gulf Oil Deal Commentary: ● Yedioth Ahronoth: “Israel Wants a Change’’ - By Eshkol Nevo ● Ma’ariv: “Elimination Episode’’ - By Ben Caspit S. Daniel Abraham Center for Middle East Peace 1725 I St NW Suite 300, Washington, DC 20006 The Hon. Robert Wexler, President Editor: Yousef Bashir News Excerpts March 22, 2021 Israel Hayom Thousands Protest Against Netanyahu Ahead of Election More than 20,000 people demonstrated in Jerusalem, calling for the ouster of Prime Minister Benjamin Netanyahu in a final show of force ahead of tomorrow’s Knesset election. The demonstration was organized by 25 protest groups. The so-called black-flag protest movement held other, smaller protests in numerous locations across Israel. The weekly protests against Netanyahu have taken place for nine months. But they have lost strength in recent months in part due to cold winter weather and after elections were declared in December. The grassroots protest movement believes Netanyahu cannot serve as prime minister while he is on trial for corruption charges. Many also object to his handling of the coronavirus crisis. Dig Deeper ‘‘Bennett Signs Pledge Not To Join Government with Yair Lapid as Prime Minister’’ (Times of Israel) Ynet News Rivlin: Won't Act To Form Unity Government After Election President Reuven Rivlin said he will not act to help form a unity government after the elections unlike his efforts following the previous national vote.
    [Show full text]
  • "UFO": When the American Doctrine of Ripeness Visited Israel
    Penn State Journal of Law & International Affairs Volume 9 Issue 1 February 2021 "UFO": When the American Doctrine of Ripeness Visited Israel Mohammed S. Wattad Follow this and additional works at: https://elibrary.law.psu.edu/jlia Part of the International and Area Studies Commons, International Law Commons, International Trade Law Commons, and the Law and Politics Commons ISSN: 2168-7951 Recommended Citation Mohammed S. Wattad, "UFO": When the American Doctrine of Ripeness Visited Israel, 9 PENN. ST. J.L. & INT'L AFF. 1 (2021). Available at: https://elibrary.law.psu.edu/jlia/vol9/iss1/5 The Penn State Journal of Law & International Affairs is a joint publication of Penn State’s School of Law and School of International Affairs. Penn State Journal of Law & International Affairs 2020 VOLUME 9 NO. 1 “UFO”: WHEN THE AMERICAN DOCTRINE OF RIPENESS VISITED ISRAEL * Mohammed S. Wattad As part of the gradual preparation for the incorporation of the American ripeness doctrine into Israeli law, it has been justified on a number of grounds. A fundamental discussion of the scope of the doctrine may be found in three important legal cases, which coined the term “the ripeness doctrine, Israel style.” A review of these cases reveals that while there is widespread consensus among the Israeli Supreme Court justices regarding the actual adoption of the ripeness doctrine, there is disagreement – and even confusion – regarding the manner of its implementation. In this article, I would like to present a principled position that opposes the adoption of the
    [Show full text]
  • The Clingendael Newsletter
    Issue 29 2009 Contents: ■ The Hague Diplomacy Conference ■ Expert seminar China-EU ■ China Rising The Clingendael Newsletter ■ The Eastern Partnership ■ Truman Conference ■ Events and expert meetings ■ Japanese Garden Japanese Tea-ceremony in Park Clingendael ■ Clingendael publications and national tradition with the “elegance worthy of a true warrior. This elegance should be forceful, not fragile. Tea should lead the way towards discpline of the mind”, according to a motto which has been honoured by many generations in the Matsura family. Japanese ladies from Hirado during the preparations of the tea ceremony. On 18 September a traditional Japanese tea ceremony was held in the Japanese Garden of the Park Clingendael. The ceremony was part of the official visit of Mrs. Matsura in a stunning traditional Japanese kimono in the distinguished Matsura family from Clingendael’s conference room. Hirado (Japan) to the Netherlands. The present 41st head of the Matsura family, Mr. Matsura Akira (Kôgetsu) (r.) and his son during the official Matsura Akira (Kôgetsu), performed the tea ceremony in the tea pavilion of the Japanese Garden, in the One of the Teamasters, dressed in traditional black, to under- presence of mrs. Tineke Hooiveld, director of the City-district ceremony, assisted by 30 Teamasters from line the austerity of the ceremony, and two Japanese ladies in office Haagse Hout of the Municipality of The Hague. Japan. Mr. Matsura maintains this family kimono. Igniting debate on the new power in the East On Friday 11 September 2009, Clingendael as if Blankert finds it hard to believe his European Commission in Jakarta, as the Asia Studies hosted a seminar on the own conclusions! Special Adviser for the relations between challenge that China’s rise poses to the the EU and ASEAN.
    [Show full text]
  • IN the Supreme Court of the United States ———— MOHAMED ALI SAMANTAR, Petitioner, V
    No. 08-1555 IN THE Supreme Court of the United States ———— MOHAMED ALI SAMANTAR, Petitioner, v. BASHE ABDI YOUSUF, et al., Respondents. ———— On Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit ———— BRIEF OF THE ZIONIST ORGANIZATION OF AMERICA, THE AMERICAN ASSOCIATION OF JEWISH LAWYERS AND JURISTS, AGUDATH ISRAEL OF AMERICA, AND THE UNION OF ORTHODOX JEWISH CONGREGATIONS OF AMERICA, AMICI CURIAE IN SUPPORT OF PETITIONER ———— Of Counsel NATHAN LEWIN STEPHEN GREENWALD Counsel of Record AMERICAN ASSOCIATION OF ALYZA D. LEWIN JEWISH LAWYERS & JURISTS LEWIN & LEWIN, LLP 1828 L Street N.W. SUSAN B. TUCHMAN Suite 901 ZIONIST ORGANIZATION Washington, D.C. 20036 OF AMERICA (202) 828-1000 NATHAN DIAMENT UNION OF ORTHODOX JEWISH CONGREGATIONS OF AMERICA DAVID ZWIEBEL AGUDATH ISRAEL OF AMERICA December 7, 2009 Attorneys for Amici Curiae WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 i TABLE OF CONTENTS Page(s) TABLE OF CONTENTS........................................... i TABLE OF AUTHORITIES .................................... ii INTEREST OF THE AMICI.................................... 1 IDENTIFICATION OF AMICI................................ 3 ARGUMENT ............................................................ 5 I. INDIVIDUAL FOREIGN GOVERNMENT OFFICIALS NEED ABSOLUTE IMMUNITY FROM CIVIL LAWSUITS IN THE UNITED STATES TO PREVENT PERSONAL RETALIATION FOR NECESSARY BUT CONTROVERSIAL POLICIES..................... 5 II. INDIVIDUAL FOREIGN GOVERNMENT OFFICIALS SHOULD NOT BE DETERRED FROM VISITING THE UNITED STATES ......................................................... 9 CONCLUSION....................................................... 12 ii TABLE OF AUTHORITIES Cases Page(s) Belhas v. Ya’alon, 515 F.3d 1279 (D.C. Cir. 2008) ......................... 11 Board of Education, Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853 (1982) ........................................... 11 Butz v. Economou, 438 U.S. 478 (1978) .........................................
    [Show full text]