US Appeals Court Upholds Tamimi v Adelson, Lawsuit Will Go Foreward

For those of you unaware, a group of 18 Palestinians are suing billionaire investor, philanthropist and business owner Sheldon Adelson for his direct support/funding of Israeli construction projects in and around the disputed territories. Led by Bassem al-Tamimi, the plaintiffs are attempting to argue that Alderson’s support/funding of Israeli Government developmental projects have directly led to the displacement of Palestinian families – acts which constitute War Crimes given the fact that the actions of the Israeli Governments are in direct violation of the very treaties which founded the country in the first place; The United Nations Partition Plan of 1947. As such, in a class action law suit originally filed in March 2016, the plaintiffs are suing Adelson for $1 billion dollars in damages.

As was reported by Middle East Eye yesterday, February 19th 2019, the lawsuit aims to hold “pro-Israel defendants liable for alleged war crimes and support of Israeli settlements in the West Bank, East Jerusalem and the Gaza Strip, a Reuters report said.” Explaining how “the plaintiffs, including 18 Palestinians and Palestinian-Americans as well as a Palestinian town council, alleged a conspiracy among many defendants to expel non-Jews from the occupied territories, and accused the defendants of committing or aiding in genocide and other war crimes.

In 2017 the courts originally threw out the lawsuit on the grounds that US Courts cannot legally enforce or judge the legality of crimes allegedly being committed in Israel – a sovereign nation state. Today, Alderson (the defendant) is essentially attempting to make the same argument that the Russian Federation is currently attempting to make in their filings with the DNC election hacking case. This would be the argument that, considering any/all alleged “War Crimes” committed by Israel would have to have been carried out in conjunction with a “War effort” – id est by the Israeli Military. As such, any/all military actions are granted immunity under international doctrine. Essentially, any actions carried out by another nations military, including Israel or Russia or the United States matter, can not be subject to civil litigation in any international court. However, whether Israel or Russia succeeds in their arguments remains to be seen.

Learn More Russian Federation v Democratic National Committee: https://roguemedia.co/2018/11/19/russian-federation-files-motion-requesting-dnc-clinton-hacking-lawsuits-be-thrown-out-of-court/

According to a dissertation by Karen LeCraft Henderson, the Judge currently overseeing Tamimi’s appeal, whom overruled a 2017 ruling in regards to it yesterday, February 19th 2019, “a legal determination that Israeli settlers commit genocide in the disputed territory would not decide ownership of the disputed territory and thus would not directly contradict any foreign policy choice.” Going on to explain that, at least in her opinion, US Courts DO have the jurisdiction to rule whether or not the defendants conspired/colluded to expel Palestinian residents from the disputed territories, as well as whether or not those actions constituted War Crimes “without touching the sovereignty question, if it concluded that Israeli settlers are committing genocide.” You can find a copy of yesterdays ruling and her dissertation below.

Copy of Original Complaint Filed 03/2016:

Tamimi_v_Adelson

US Appeals Court Decision 02/2019:

Tamimi_v_Adelson_2019