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Friday 10 February 2012

Smoke and mirrors over 'lawfare'

Thursday, 4th March 2010

The Israeli paper Ha’aretz , along with the Kadima leader Tzipi Livni, appear to have been taken in by Gordon Brown’s noisy but misleading announcement in today’s Daily Telegraph that he will change the law to prevent the abuse of ‘universal jurisdiction’ through threats to arrest visiting Israeli dignatories for ‘war crimes’, an abuse which has caused the cancellation of a number of high-profile visits by Israelis to the UK of which the latest was the planned visit by Livni. Brown wrote:

There is a case now, therefore, for the evidential basis on which arrest warrants can be allowed to be tougher and for restricting the right to prosecute the narrow range of crimes falling under universal jurisdiction to the Crown Prosecution Service alone.

Livni and Ha’aretz naively take this at face value to assume that the UK is to change the law. But this is not so. Brown has merely said he intends to change the law and will consult on the best way to do this. But with a general election to be held by June at the very latest, and with no legislation actually being tabled, there is clearly no time for any such change in the law to occur.

It is actually very easy to end this abuse, as Brown suggests; all that has to happen is for the consent of the Attorney-General or Director of Public Prosecutions to be required before any arrest warrant can be issued, just as is now required for any prosecution. This should be introduced not just in respect of visiting Israelis but to cover any other such vexatious and oppressive arrest stunts. But the reason Brown will not do this is that more than 100 Labour MPs have given notice they will revolt against any such infringement of ‘ancient English liberties’ – a cover for their actual motivation which is their hatred of Israel.

Brown’s announcement today, and the fact that he personally associated himself with the case for a change in the law, are merely designed to camouflage the diplomatically embarrassing fact that he is in fact unable to take measures to prevent ‘lawfare’ in the UK against Britain’s ally by extremist activists determined to delegitimise Israel over its defence against genocidal attack -- because so many of his own MPs share that same despicable objective.

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Adam F

March 4th, 2010 6:44pm

I am not sure that either Kadima nor Ms Livni are as naive as all that, I am sure that they understand that for reasons of party politics Mr Brown cannot be expected to make changes now; not given the demographics of where they need to win seats. That said after the general election which cannot be all that far away now, I am sure that they will expect a changed to be made very fast indeed irrespective of whomsoever is in government. (Even in the case of a hung parliament I would hope to see this rather silly law changed if even the Lib Dems are critical of it, which they are.) At this stage it seems best, for Israel, to take the PM at his word and either hold him to account after the election. The law will have to change because sooner or later someone will try and use it against the US and I wouldn't like to think how that would go down in Washington.

Robin

March 4th, 2010 6:52pm

Brown is just smoke & mirrors. He is so untrustworthy.

DDGG

March 4th, 2010 7:08pm

"...so many of his own MPs share that same despicable objective".

Yes, I was having a conversation recently about this and how it has become a fashionable, trendy thing to support-almost a badge of honour at how 'liberal' you are.
The Old Left would have been horrified at what people support in the name of tolerance. The New Left cry of same newly invented phobia.
When you talk of cultural suicide, it never sounds more appropriate.

Michael

March 4th, 2010 9:53pm

So going after accused, not just suspected, 'war criminals' is a "Stunt"? wow. Sounds like they are trying to protect themselves, because Iraq surely was, and still is, a war crime.
Wake up Briton, remember The King David Hotel? The country you invented, in the past is now taking over your Dignity. The whole world is watching this hypocrisy.

Ordnance

March 4th, 2010 10:10pm

So can't right-wing groups not make better use of the current law to get warrants for the arrest of certain individuals - such as visiting Hamas and other extremists?

Michael B

March 5th, 2010 2:50am

Negligence and failing to act (e.g., Cambodia; Rwanda; the E.U. in their own backyard, in Bosnia), can be just as "criminal" and can result in just as many crimes, deaths and hecatombs as in instances wherein a genuine war criminal commits crimes.

As to any over-eager desire to charge Israeli's while "turning the cheek" in cases involving Hezbollah, Hamas and other actors, Richard Kemp has thankfully had much to say on the topic.

elixelx

March 5th, 2010 11:16am

The subtext of Brown's message? I will pursue a change in the Law if I am re-elected--which I can't be without the Jewish vote!
I can't remember how many women I promised to marry--if they stayed faithful!

Bob, son of Bob

March 5th, 2010 12:52pm

Where there's a will, there's a way - lawyers can make any person or regime guilty of some law once they set their devious minds to it and get the green light from MPs who themselves do not know right from wrong.

For example, a blogger was arrested about a month ago for using the word 'likey' in a blogg in a context where it rhymed with an offensive word for a gypsy. And on Radio 4 at the time of Channel 4's 'The Great Global Warming Swindle' they were reading out suggestions that AGW deniers be prosecuted. Even Blair had to go before an 'enquiry' for exaggerating about the enemy less than Churchill did. After a war it is called victor's justice, and at other times it is just the usual perversion of natural justice by lawyers.

Bob, son of Bob

March 5th, 2010 1:06pm

Where there's a will theres a way - lawyers can find any person or government guilty of offending some law or other if they put their devious minds to it and get the green light from the establishment, including MPs.

For example, a blogger was arrested recently for using the word 'likey' in a context where it rhymed with an offensive term for a gypsy.
Another example - at the time of Channel 4's 'The Great Global Warming Swindle', Radio 4 were reading out suggestions that AGW sceptics be prosecuted.
They readily turn on their own also, so even Blair got hauled before an enquiry for exaggerating the danger of an enemy just as Churchill did. The term for this after a war is 'victor's justice' and at other times it is just the lawyers reflecting the consensus of the establishment. Right and wrong or natural justice have nothing to do with the law. Our law is only as good as our establishment.

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Melanie Phillips is a Daily Mail columnist. She also writes for the Jewish Chronicle and is a panellist on BBC Radio Four's Moral Maze. Her most recent book is 'The World Turned Upside Down: The Global Battle over God, Truth and Power', published by Encounter.

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