[CML 001432] パレスチナに関するラッセル法廷「ロード・マップ」(民衆法廷の構想)

maeda akira maeda at zokei.ac.jp
2009年 9月 22日 (火) 16:40:01 JST


前田 朗です。

9月22日

長文失礼

転送歓迎

1月に動き始めたパレスチナ・ラッセル法廷の情報が届きました。来年2月にバ
ルセロナで法廷開催を予定。もっとも日程は未定。その後、ロンドン、北米での
開催をめざすそうです。

近年の民衆法廷では、法廷の根拠文書(憲章、規程)を明文化して公表する例が
増えていますが、それはまだないようです。簡単なロードマップだけです。法廷
の構成もこれから。ロードマップを見る限り、国際法に従った法廷をめざすので
はないようです。世界の人民の意思の表明にするのかもしれません。

*********************************

Dear all,

The Russell Tribunal on Palestine has now moved to another level with
the planning of the first session in Barcelona that will take place end
of February 2010 (date will be confirmed very soon). We have therefore
been working on a document named "Road map" that describes what we have
done so far and what are the next steps for the Russell Tribunal on
Palestine and its National Support Committees. We have also tried to
clarify in this document how a session will work and who will be the
people involved. We hope that this document will help you understand the
concept of the tribunal better therefore enabling you to do the best job
as possible in your respective countries. This is document is for
internal purposes only.
Many thanks once more for your support and enthusiasm for this initiative.
Waiting to hear from you,

Frank (russelltribunaluk at googlemail.com) and Virginie
(trp_int at yahoo.com)-For any questions please reply to the person you've
usually been dealing with- Thanks.

------------------------------------------------------------------------


Cher(es) ami(e)s,

Le Tribunal Russell sur la Palestine a depuis quelques semaines pris une
nouvelle ampleur gra^ce a la de'cision de la mairie de Barcelone de
financer une grosse partie de la premie`re session internationale du
tribunal. Cette session se tiendra a Barcelone autour de fin fe'vrier
2010. (Vous serez inform de la date finale dans les prochaines
semaines). Nous avons donc mis en place un document intitule "feuille de
route" qui reprend le travail fait jusqu'a` pre'sent mais surtout qui
de'fini nos objectifs futurs. Nous expliquons aussi dans ce document
comment une session fonctionnera et quels seront les personnes clefs.
Nous espe'rons que gra^ce a ce document vous comprendrez parfaitement le
fonctionnement du tribunal, ce qui vous permettra de faire un travail
encore meilleur dans vos pays respectifs. Ce document est un document de
travail a ne pas diffuser, merci.

Merci encore pour votre soutien et votre enthousiasme pour ce projet,
Cordialement,

Frank (russelltribunaluk at googlemail.com) et Virginie
(trp_int at yahoo.com)-Si vous avez des questions ou des remarques, prenez
contact avec la personne que vous connaissez le mieux. Merci.


Russell Tribunal on Palestine

Presentation September 2009-09-07

"May this Tribunal prevent the crime of silence"

Context of the Russell Tribunal on Palestine

On 9 July 2004, the International Court of Justice ruled that the wall
built by Israel in the Palestinian Occupied Territory is in breach of
international law. Eleven days later, the United Nations General
Assembly adopted, by an overwhelming majority, Resolution ES-10/15 by
which it recognised the opinion of the International Court of Justice
and called upon all Member States of the United Nations to comply with
their legal obligations as outlined in the advisory opinion: not to do
undertake any action that would involve assistance in constructing the
wall or a recognition of the illegal situation that it engenders, and to
ensure the respect by Israel of its obligations arising from
international humanitarian law and from the Palestinian people's right
to self-determination.

Subsequently, these States which voted for the above mentioned
Resolution ES-10/15 have taken any steps beyond condemnations and
political statements, enabling Israel to continue the construction of
the wall by modifying the layout so as to confiscate even more
Palestinian territories, including East Jerusalem, to continue the
construction of settlements in Occupied Territories etc. The blockade
against the Gaza Strip was condemned as a collective punishment which
jeopardises a whole population and the war by Israel against the Gaza
Strip at the end of 2008/beginning of 2009 led to a series of serious
violations of humanitarian law and allegations of war crimes.
Nevertheless, the impunity which Israel enjoys in the international
context is notable. Condemnations are not followed by sanctions. On the
contrary, Israel enjoys tacit or explicit support from many countries.

The Russell Tribunal on Palestine is a citizen’s initiative, which was
launched in Paris and in Brussels, following numerous consultations and
preparations in order to clarify the flagrant and multiple
contradictions between the principles of international law and their
application. As expressed by Ge'raud de Pradelle, "if the major powers
do not demonstrate the will to safeguard the principles that they
themselves defined, the law itself would cease to exist". Israel,
occupying power of Palestine, repeatedly violates international law, and
does not apply the relevant resolutions of the Security Council and of
the United Nations General Assembly. Israel is in contradiction with a
number of bilateral or multilateral conventions of which it is
signatory, such as the EU-Israel Association Agreement, Article 2 of
which states that the relationship between the EU and Israel is to be
based on respect for human rights and democratic principles, which guide
their internal and international policy.

Objectives of the Russell Tribunal on Palestine

The above mentioned points are part of a number of historical,
geopolitical and economic factors which prevent the Palestinian people
from exercising their right to self-determination, and the Israeli
responsibilities in rendering impossible the exercise of these rights.
Whereas facts show clearly that there is an "occupying power" and an
"occupied territory", the destructive effects on the Palestinian people
are disproportionate in relation to the losses suffered or risks
incurred by the Israelis, the responsibility for violence and its
consequences is at best perceived as being shared. Our basic hypotheses
is that if this situation has persisted so far, it is because Israel
receives active support, because of complicity or simply because of the
passivity of numerous third countries and international Organisations.

Faced with this situation, the Russell Tribunal on Palestine is a
citizen’s initiative that aims to reaffirm the primacy of international
law in the settlement of the Israel-Palestine conflict, and, in
particular, to denounce the lack of political will, at all levels, to
insist on compliance with international law

Beyond the strict Israeli responsibility, it is also an issue of
demonstrating the responsibility of third countries and International
Organisations, because of their passivity and/or their active support,
for violations of the rights of the Palestinian people by Israel,
because this situation is enduring and worsening.

The Tribunal will thus examine, on the basis of the facts, whether the
non-compliance of the Member States of the United Nations of their
obligations with regard to the Palestinian People, and the political and
material support (e.g. arms, finance, research etc.) of these States to
Israel, creates favourable conditions, and/or encourages Israel to
continue the aggression to which the Palestinian people have been victim
for decades, and not to recognise the Palestinian state. Subsequently,
it will examine how this complicity gives rise to international
responsibilities.

These elements should also make it possible to establish if Israel is
the author, or not, of crimes against peace, of war and crime crimes
against humanity with regard to the Palestinian people. Work will also
be undertaken in order to analyse and diagnose the purpose of the
Israeli strategy, and to see whether it is leading intentionally to the
destruction of the Palestinian people, as a national political group and
as a society. If this were to be established, Israel would be guilty of
a crime of sociocide and/or of politicide.

The organisation of a Russell Tribunal on Palestine, with decentralised
procedures, public hearings, call for experts and witnesses, an
international judgement session, meets the objective of carrying out a
broad plea, with a strong mediatisation of the process and of its
results. The organisation of a Russell Tribunal does not have legal
character, its impact rests on its capacity to mobilise very broad
international public opinion, so that pressure is put on governments to
insist on full and complete respect of the Palestinian people's
sovereign rights.

Operating modalities/methodology

The organisation of the Russell Tribunal on Palestine is under the
responsibility of its International Organising Committee (IOC), composed
of the following members: Ken Coates, Pierre Galand, Ste'phane Hessel,
Marcel-Francis Kahn, Robert Kissous, Franc,ois Maspero, Paulette
Pierson-Mathy, Bernard Ravenel, Brahim Senouci.

The IOC works mainly with the following committees:

The Support Committee, made up of individuals from the literary,
cultural academic, scientific, and political fields with an
international reputation and no current political mandate, who provide
the moral and ethical guarantee of the Tribunal (see the list of
signatories on this website).

New Committee members:

Luisa Morgantini, Djamel Bouras, Denis Halliday, Aharon Shabtai

National Support Committees composed of national personalities and of
important social organisations that are created in any country where
such an initiative is proposed and agreed upon by the IOC. National
Support Committees contribute to fundraising; ensure popular
mobilisation and media coverage. They can also be in charge of preparing
an expert’s report on breaches of international law and they can also be
involved in the organisation of sessions of the Tribunal.

The National Support Committees which propose preparing an expert report
can organise preparation seminars. These are not public meetings, nor
mini court sessions. They are meetings to which experts and
associations/personalities who support the Tribunal are invited.

These seminars provide an opportunity to mobilise and remind the
participants, journalists and others, about the functioning and the
raison d'e^tre of the Russell Tribunal on Palestine.

The first of these seminars will be organised in Brussels on 17 December
2009.

The committee of international experts: is composed of five eminent
lawyers, charged with checking the validity of the files transmitted to
the juries.

The Tribunal sessions as such are the core element of the project. On
the basis of a bill of indictment, the sessions will organise pleadings
based on the expert files provided by the Committee of experts and by
witnesses (witnesses of the collective, and not of personal situations).
The accused will be requested to present their defence. Sessions are
public.

Several international sessions will be organised, in several countries
and if possible in several continents. This will make it possible to
study themes in greater detail and will also be a means of mobilising
public opinion and of making the Tribunal better known at country level.
The number of sessions is not a priori limited.

Planned sessions:

Barcelona (February 2010): complicity and the failure of the EU in its
treatment of the Israel-Palestine question.

London : Complicities and the failure of corporations in the treatment
of the Israel-Palestine question.

North America: Complicity and the failure of the UN in the treatment of
the Israel-Palestine question.

(This session will also make it possible to analyse the US
responsibility, and that of various states, including Arab states).

The international sessions will lead up to and prepare the final
international session. They will deliver conclusions, a judgement, in
the form of a "stamp of approval", which will enable these conclusions
to be used in the final session.

On this basis the final session will deliver the final public judgement
of the Russell Tribunal on Palestine.

The Experts' Committee is instructed to ensure the correct articulation
of the elements of the charge, which have to lead to a coherent final
judgement.

Duration of the sessions: one and a half days of hearings, 1/2 day of
deliberation. Presentation of the conclusions during a press conference.

Expected public: Depending on room capacity.

During the 1/2 day of deliberation, a parallel event for the general
public could be organised.

Personalities and patrons will be invited to attend the sessions
alongside the public (patrons will be informed by mail of the dates of
the sessions).

Media coverage of all the sessions (not just during the press
conference) is essential.

We will ensure our own audio-visual monitoring of all the sessions (via
a professional who will cover all the sessions). Some items can be
posted immediately on internet. These items could be the subject of a
film which to be distributed at a later date.

The jury

The jury listens to the witnesses, questions them, validates the
conclusions.

The jury is composed of nine people, three lawyers, three eminent
persons, and three media representatives.

A Tribunal patron can be a member of the jury.

The Organising Committee will invite the member of the jury who is the
most prestigious and best known, to assure the presidency of the jury.

The jury is independent in its operation. It is assisted by a general
rapporteur, who follows all the sessions closely (while being present,
but that is not essential) and has all documentation (legal reference
texts, texts of the previous sessions…). The general rapporteur is not a
member of the jury, but has solid legal knowledge and the task of
maintaining a coherent line in all the sessions.

The rapporteur should be assisted in his work.

The majority of the jurors participate in all the sessions, with some
flexibility if jurors are unavailable for a session. Jurors can be
proposed by the country organising a session.

The Jury also has a secretariat of two people, which assists it in
particular in the drafting of the conclusions.

If necessary, the jury can have, during the deliberation, the aid of
translators. A priori, English is the working language.

The jury adopts unanimous conclusions. If there is a minority opinion,
it can be made public.

The accusation and the defence

The Tribunal plays the role of the Attorney General, who represents the
accusation.

Regarding the defence, the charge will be communicated to the accused.
They will respond or not.

If they do not nominate somebody to represent them, it is up to the
organisers to decide to identify or not a lawyer. Otherwise, document
the positions/arguments representative of the accused.

The accused are the last one to speak, and have a determined speaking time.

The preparation of the charge files include the following phases:

1. Choice of the subject

2. Constitution of the files

3. Validation of the files

4. Identification of witnesses

5. Preparation of the defence

In the constitution of the files, care must be taken not to be too
abstract and to have very concrete witnesses on which to base the case.
For example: contact trade unions in Europe to find customs officers who
agree to testify that they drew up official reports establishing the
entry of products of the colonies under the Israeli label, that these
official reports were sent to the Commission but that no action was taken.

The sentence (s)

The files submitted at the meetings must be drawn up rigorously and
based on existing law. But once files are transmitted to the jury, they
can add a more political interpretation, covering for example, for the
final session, the concept of sociocide.

In addition to the final judgement, we can be prescriptive, launching or
promoting a campaign for action, a lobby, call for boycott etc.

Relations with the media

The recent experience in Ireland, where Nurit Peled had been invited to
speak about the Tribunal at the beginning of August, demonstrates the
difficulties of ensuring good media coverage of the Tribunal.

Maximise use of the "alternative" channels of distribution of
information, through video distributions, blogs, emailing etc.

Need to ensure that tribunal will be covered by media outlets (Channel
4, Al Jazeera, Press TV, Reuters...for the UK)

Our new internet site should be online in 2 months.

Produce a "newsletter" at least monthly, to show that things are
progressing.

Financing

This point has to be a major concern of the COI and of the CNA, at the
risk of sabotaging more than two years of efforts which have already
been made to set up the Tribunal.

The only assurance that we have to date is that the Barcelona town hall
granted EUR 56,000 to the Catalan CNA for the organisation of a session
in Barcelona.

We've received some serious offers from peoples/organisations/countries
but we do not know exactly when we will be able to count on this money.

Virginie is also preparing a request for support for the Belgian
preparatory seminary of 17 December, which will be addressed to Belgian
institutions and organisations.

The same is being done in London.

We urgently need financial support, to ensure current expenditure
(salary and operating costs for coordination, currently primarily met by
the North-South Forum), for the preparatory seminar in Brussels and to
supplement the Barcelona budget.



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