Canadians hit with Palestinian lawfare claim
I think this is a pretty frivolous case that should be dismissed pretty quickly. The jurisdiction for the case, assuming there is one should be in Israel. To say that the building of a house is a crime against humanity is to make a joke of the concept and belittles the horrors of the Mugabe regime.Lawyers for a Palestinian village have begun a rare legal case against two Canadian construction companies working in a Jewish settlement in the occupied West Bank, accusing them of breaching war crimes laws and demanding an injunction to halt their work as well as damages worth around £1m.
Although there have been court cases in Israel against settlement construction, it is unusual for lawyers to take cases abroad against individual foreign construction firms, particularly under war crimes legislation.
The case, brought to the Quebec superior court in Montreal, alleges that the two Canadian firms are breaching international law by building and selling homes in part of the settlement of Modi'in Illit on land originally belonging to the Palestinian village of Bil'in.
"In so doing, the defendants are aiding, abetting, assisting and conspiring with the state of Israel in carrying out an illegal purpose," according to the writ of claim filed to the court. It said their conduct amounted to a "fundamental violation of the human rights of the villagers" and "denies them freedom of movement".
The village accuses the firms of breaching international law, including the fourth Geneva convention, as well as Canada's Crimes Against Humanity and War Crimes Act. All settlements in the occupied territories are illegal under international law, although Israel has for years defended its right to build there.
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They don't cite the specific section of the fourth Geneva Convention, but I doubt it has any zoning ordinances in it. The Palestinians have violated the Geneva Conventions on a regular basis, so the cleans hands doctrine might be used to toss the case.
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