"Israel’s response is interesting for two reasons," Cohen told Arab News yesterday in a telephone interview. "First, they have always deemed themselves above the law when it comes to the rights of Palestinians, and immune from suit by Palestinians for damages in the Occupied Territories.
"As a matter of law, it is interesting, because prior to this bill, the existing law pretty much gave them carte blanche to do what they wanted," said Cohen. "Finally, it really doesn’t matter what they do in term of their protection in Israel, that law doesn’t apply in the US. The fact that they say that they are immune from suit against Palestinians, relative to the Intifada, may apply in Israel, but it doesn’t stop a US court from finding, to the contrary."
The plaintiffs are being allowed to file under pseudonyms, Cohen said. "The judge has granted the motion, which means that he met our burden of proof that these people, if named, could have faced retaliation by the IDF in the territories."
Cohen said they also plan on bringing an action asking the court to freeze the weapons delivered from the US to Israel. "Their helicopters, their jets, their F-16’s. We think we have the law on our side."
by Barbara Ferguson, Arab News Correspondent
Article reprinted courtesy of Arab News: http://www.arabnews.com
"As a matter of law, it is interesting, because prior to this bill, the existing law pretty much gave them carte blanche to do what they wanted," said Cohen. "Finally, it really doesn’t matter what they do in term of their protection in Israel, that law doesn’t apply in the US. The fact that they say that they are immune from suit against Palestinians, relative to the Intifada, may apply in Israel, but it doesn’t stop a US court from finding, to the contrary."
The plaintiffs are being allowed to file under pseudonyms, Cohen said. "The judge has granted the motion, which means that he met our burden of proof that these people, if named, could have faced retaliation by the IDF in the territories."
Cohen said they also plan on bringing an action asking the court to freeze the weapons delivered from the US to Israel. "Their helicopters, their jets, their F-16’s. We think we have the law on our side."
by Barbara Ferguson, Arab News Correspondent
Article reprinted courtesy of Arab News: http://www.arabnews.com