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OPINIONS

Sun 25 Jun 2023 1:17 pm - Jerusalem Time

To sue the people of Turmusaya in America and Europe

Following the barbaric and barbaric attacks by the Israeli extremist settlers, on the homes and people of the town of Turmusaya, killing, arson, and destruction of human life, homes, cars, and plants therein, where a married youth of the town was killed while defending the town, and more than twelve Palestinians were wounded by live bullets, and burned Thirty houses, and more than sixty cars were destroyed. A delegation from the European Union and European diplomatic missions, joined by an American representation, visited the stricken town.


The delegation expressed, with the literary words and emotional feelings given, their condemnation of these actions and their solidarity with the families of the martyr and the injured, and they took memorial photos with the families, and returned to where they came from to write reports for their foreign ministers, and to ask them for vague, floating and cloudy positions, that do not get fat and do not satisfy hunger, as they used to. They have taken it for more than five decades, and it is most likely that they will repeat it in any upcoming event that harms the Palestinians.


An old, cracked, worn-out record, which the Americans and Europeans have been doing in stupid theatrical movements. As if the Palestinians are naive children who are forgotten by the blood of their children and the waste of their property, ornate phrases, television visits and theatrical situations. History, whose water has not yet dried up, teaches us that the European Union could not stop the official acts of demolition and vandalism of projects funded entirely by the European Union in the West Bank. Even schools were completely demolished and did not escape the Israeli destructive tendency. The European Union could not demand from the Israeli authorities a mere financial claim, an apology or a denunciation, even though the Union is considered the first importer of Israeli products. I mean, with a stroke of a pen, the Israeli government's bones would tremble if the Europeans wanted and resolved.


And let us not forget the issue of Israeli settlement products and their marketing in European Union countries. That the European Union does not consider settlements in politeness and delicate diplomatic language a violation of the rules of international law, instead of considering it a war crime, according to the rules of international humanitarian law. As long as this is the case, why does the European Union not mark and boycott all settlement products in all European Union countries, but rather stands powerless to take any action under one pretext or another?


And why do we forget the miserable and unstoppable European position, whose events are still heated and not forgotten by memory, with what happened in the town of Hawara?


What was the European Union able to do after burning and destroying dozens of homes in Hawara during the past month at the hands of the same violent settler gang? Where is the serious and sober European position, but where are the European measures in response to these barbaric settlement attacks, and why did they not learn from the German invasion, the Nuremburg trials and the London Pact? Rather, where are the European legal measures in response to these grave legal violations of the law of belligerent occupation, whether at the level of the Fourth Geneva Convention, the International Criminal Court, the universal jurisdiction to try war criminals, or at the level of the European Court of Human Rights?


It seems that we have forgotten in our claim to the European Union that we are not Ukrainians, we are not white, our culture is not Western-rooted, and we are not Europeans, but Palestinians who paid the price of European racism and European expulsion of European Jews in the peaceful Palestinian region. Certainly, we will not forget that our Palestinian Authority cannot move a finger towards the Europeans as long as they are the main financier of the Palestinian budget.


If we turn the page, we will find that the American Jewish ambassador did not assign himself to visit the town of Turmusaya and delegated others to inspect his afflicted subjects. Does Turmusaya not be considered a Palestinian town whose residents are exclusively Americans? And let us ask the American ambassador, what did he do regarding the killing of the Palestinian American citizen in the village of Jaljalia by the Israeli forces. And what did all the American administrations do regarding the killing of journalist Sherine Abu Aqleh a year and a half ago?


For seventy-five years, the Palestinians have only heard from the American administration except literature, prose, phrases, conflict management, funding for the relief agency, training for the Palestinian security forces, funding for some activities of Palestinian non-governmental organizations, spending billions on the Israeli entity, and last but not least conspiring against the Palestinian cause and obstructing any solution. fair politician


It must be mentioned here that some American families whose members were injured in the bombings of the second intifada, have filed compensation claims against the Palestinian Authority, as it is responsible for those bombing operations. And the American judiciary took personal jurisdiction as a result of the fact that the injured was an American. Indeed, the American judiciary ruled in their favor to compensate them with tens of millions of dollars.


Similarly, some Americans sued the Arab Bank for opening bank accounts for people they accused of having Palestinian organizational leanings.


This calls for thought and suggestion, why does the American who lives in the town of Turmusaya and who suffered material or physical damage not sue the Israelis before the American courts, civilly and penally? The focus here is on asking the Palestinian American citizen from Turmusaya exclusively to sue the Israelis. This request is confined to them, not the Palestinian National Authority, nor the Palestinian organizations, because such requests will fail the litigation process. It is certain that Palestinian and American justice men will adopt such types of cases and will seek to adopt them. The Israeli here includes the Israeli government, the Israeli army, and the Israeli parties involved, including the Israeli settlers and their ministers, Smotrich and Ben Gvir.


This is not an expansion of criminal and civil liability, but rather a clarification of it. According to the Fourth Geneva Conventions of 1949 and the Fourth Hague Convention of 1977 and international custom, the occupying forces are considered responsible for the security and safety of the protected persons, who are the Palestinians in the occupied territory. It shall take measures to ensure the safety and security of Palestinian protected persons and their property. The Israeli government is responsible, whether it likes it or not, for the actions of the settlers, because they were found by its decision.


In light of the blockage of the political horizon of the Palestinian cause, and in light of the inability of the United Nations to implement its decisions, and in light of the indolence of Karim Khan, the Prosecutor of the International Criminal Court, and in light of the lack of protection for Palestinian civilians, at least the naturalized Palestinians from Turmusaya should initiate an initiative in which they file lawsuits. Civil and penal, before American courts, against settlers who hold American citizenship, and they are many, and against the Israeli administration, civilians and security personnel.

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To sue the people of Turmusaya in America and Europe

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