Canadian corporations have been involved in constructing, marketing and selling residential units in the illegal Jewish-Israeli settlement of Modi’in Illit in the occupied West Bank, on the land of the Palestinian village of Bil’in.
In a continuation of their struggle for
justice in the face of unlawful appropriation of their land, the people of
Bil’in village yesterday commenced legal proceedings before the Superior Court
of Quebec against Green Park International Inc. and Green Mount International
Inc. The defendants are Canadian corporations registered in the Province of Quebec
who have been involved in constructing, marketing and selling residential units
in the illegal Jewish-Israeli settlement of Modi’in Illit in the occupied West
Bank, on the land of the village of Bil’in.
The land in question has been appropriated by
the Israeli military authorities in violation of the laws of occupation. The
defendants, on their own behalf and as de facto agents of the State of
Israel, are constructing residential units on this Palestinian land for the
purpose of housing Israeli settlers. The
petition, filed by the Village Council’s lawyer in Canada, Mark Arnold,
demonstrates that in so doing, the defendants are aiding, abetting, assisting
and conspiring with Israel, the Occupying Power in the West Bank, in carrying
out an illegal act.
Under the Fourth Geneva Convention, an
Occupying Power is prohibited from transferring part of its own civilian
population into the territory it occupies. Such transfer of settlers into
occupied territory is a war crime under the Rome Statute of the International
Criminal Court, as well as under Canada’s Crimes Against Humanity and War
Crimes Act of 2000. The petition thus argues that through their actions, the
defendant companies have wilfully or negligently participated in the violation
of international humanitarian and criminal law, as well as domestic Canadian
law. As such, Bil’in Village Council is entitled to obtain the cessation of the
illegal activities of the defendants, and to reparation for injury caused,
under both the Quebec Charter of Human Rights and Freedoms and the Civil Code
of Quebec.
On this basis, and on the basis of the fact
that matters at issue in the case are not justiciable before the Israeli High
Court of Justice (which instead defines settlements as a “political” issue, per
Bargil v. Government of Israel, HCJ 4481/91), the petition seeks:
Ø a declaration from the Superior Court of Quebec that
the conduct of the defendants in constructing residential units in an illegal
settlement is unlawful;
Ø a permanent injunction and order requiring the
defendants and their directors, officers and agents to forthwith cease all
construction and related activity with regard to the land of Bil’in village;
and
Ø punitive damages of CAD$2 million, to be paid by the
defendants to the plaintiffs, as a result of injury wilfully caused.
The defendants have 10 days to file an
appearance at the Montreal Court House. If they do so, the action will be
presented before the Court on 11 August 2008. Should they fail to do so, a
judgment by default may be rendered against them.
Press conferences regarding the case will be
held today, Thursday 10 July, at 1:00 pm local time at Ramattan Studios in
Ramallah, and at 12:00 pm local time at the offices of Gardner Miller Arnold
LLP in Toronto. All media are invited to attend. Al-Haq will continue to keep
you informed of any further developments in the case. Please do not hesitate to
contact haq(a)alhaq.org should you have any questions, comments or require
further information.
Background/Related Information
Israel’s construction of the Annexation Wall
in the area has facilitated the appropriation of Bil’in’s land, keeping the
illegal Israeli settlement on the western side of the Wall and cutting off the
Palestinian villagers from their land. Since 2005, the village’s resistance to
the appropriation of its land has been marked by weekly non-violent
demonstrations against the Wall. In September 2007, the Israeli High Court of
Justice (HCJ) adjudged that the route of the Wall in Bil‘in was designed not
for genuine security purposes, as claimed by the Israeli authorities, but
rather to accommodate plans for the future expansion of the settlement of
Modi‘in Illit, and was causing unjustified harm to the residents of Bil‘in. The
Court ordered the Israeli authorities to propose an alternative route for the
Wall in the area, such that unapproved settlement planning schemes were not
taken into account. This decision, which has yet to be enforced, failed to give
due regard to the 2004 Advisory Opinion of the International Court of Justice,
which held that the Wall inside the West Bank is illegal in its entirety and
should be dismantled.
The case
in Canada regarding the Canadian corporations’ involvement in the unlawful
settlement construction was filed yesterday, 9 July 2008, to mark the fourth
anniversary of the issuing of the Advisory Opinion.
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