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Islamic Human Rights Commission
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07 March 2006
Action Alert: Ex-Israel Adviser appointed to head Foreign Office Legal
Department
IHRC urges all campaigners to contact the Foreign Office to call for the
removal of an ex-Israeli government adviser who has recently been appointed
to head its legal department.
1. Background
The British Foreign Office has appointed a controversial Israeli government
adviser, Daniel Bethlehem QC, to one of its most sensitive posts as head of
the legal department.
Daniel Bethlehem's previous history indicates a pro-Israeli bias which
should not taint any legal adviser for the British government. In 2002,
Bethlehem's advice led the then Israeli Prime Minister Ariel Sharon to block
a UN inquiry into the Jenin massacre. Bethlehem warned in a memo for the
Israeli government that if the inquiry's findings "uphold the allegations
against Israel - even on a poor reasoning - this will fundamentally alter
the dynamics of the Israeli-Palestinian leadership and may make it
impossible for Israel to resist calls for an international force, the
immediate establishment of a Palestinian state and the prosecution of
individuals said to have committed the alleged acts."
Bethlehem also took the lead for the Israeli government at the International
Court of Justice in The Hague in 2004 to defend the "apartheid wall" being
built through the occupied West Bank and Jerusalem. Interestingly, the
Foreign Office published a lengthy CV for Bethlehem listing 27 international
disputes in which he has been involved but omitting Jenin.
Bethlehem will be now responsible for advising Foreign Secretary Jack Straw
on a host of issues such as Guantanamo Bay, the occupation of Iraq and the
legality of any pre-emptive strike against Iran. Indeed, Bethlehem's view on
attacking Iran may be suggested by his evidence last year to the Commons
foreign affairs committee. Although an Israeli pre-emptive strike on an
Iraqi nuclear reactor at Osirak in 1981 was judged to be illegal, a good
case could have been made for it both then and now, he said.
Campaigners for justice must act now to ensure that the British government
will not be influenced by legal advisers who are clearly biased in favour of
a nation which routinely breaches her obligations under international law.
2. Suggested Action
Contact the Foreign Office and request the removal of Daniel Bethlehem from
his post as head of its legal department. Point out that it is wholly
inappropriate for someone with such a bias to be in that position and that
his appointment sends out the wrong signal on how seriously Britain takes
its own obligations under international law, particularly after the
controversy over the legal advice given to the British government on the
legitimacy of pre-emptive strike on Iraq.
Rt. Hon. Jack Straw MP
Foreign & Commonwealth Office
King Charles Street
London
SW1A 2AH
Tel.: +44 020 7008 1500
Fax: +44 20 7839 2417
Email [EMAIL PROTECTED]
IHRC urges campaigners to write their own letters. A sample letter is pasted
below for your convenience.
[Your Name]
[Your Address]
[Date]
Rt. Hon. Jack Straw MP
Foreign & Commonwealth Office
King Charles Street
London
SW1A 2AH
Dear Mr. Straw:
RE: Appointment of Daniel Bethlehem to Legal Department of FCO
I am writing to express my deep concern regarding the appointment of Daniel
Bethlehem as the head of the FCO's legal department.
As you are aware, Mr Bethlehem has previously been employed as an adviser to
the Israeli government. After the Israeli massacre in Jenin in 2002, Mr
Bethlehem warned the then Israeli prime minister, Ariel Sharon that any UN
inquiry into the events could result in it becoming impossible for Israel to
resist calls for an international force, the immediate establishment of a
Palestinian state and the prosecution of individuals said to have committed
the alleged acts.
This advice resulted in Israel refusing to cooperate with the UN inquiry and
thus obstructing the course of justice.
Mr Bethlehem also represented the Israeli government at the International
Court of Justice in The Hague in 2004 to defend her construction of the vast
steel and concrete barrier dubbed the "apartheid wall" being built through
the occupied West Bank and Jerusalem.
Mr Bethlehem's previous experiences will almost definitely taint his
viewpoint on international affairs, particularly those which concern his
previous employer, Israel. I am most concerned as to how he will be in a
position to give independent advice over the issue of any possible attack on
Iran. In evidence last year to the Commons foreign affairs committee,
Bethlehem said that even though an Israeli pre-emptive strike on an Iraqi
nuclear reactor at Osirak in 1981 was judged to be illegal, a good case
could have been made for it both then and now.
It is wholly inappropriate for an individual with such a distinct bias to be
appointed to such a sensitive position, particularly after the controversy
over the legal advice given to the British government on the legitimacy of
pre-emptive strike on Iraq. I urge you to remove Mr Bethlehem from his
position without any further delay.
I look forward to hearing from you soon about this urgent matter.
Yours Sincerely,
___________________
[Your Name]
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If you are reusing this alert, please cite the source.
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"And what reason have you that you should not fight in the way of Allah and
of the weak among the men and the women and the children, (of) those who
say: Our Lord! Cause us to go forth from this town, whose people are
oppressors, and give us from Thee a guardian and give us from Thee a
helper."
Holy Qur'an: Chapter 4, Verse 75
Join the Struggle for Justice. Join IHRC.
Islamic Human Rights Commission
PO Box 598
Wembley
HA9 7XH
United Kingdom
Telephone (+44) 20 8904 4222
Fax (+44) 20 8904 5183
Email: [EMAIL PROTECTED]
Web: www.ihrc.org
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{Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom
(i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue
with them in a way that is better. Truly, your Lord knows best who has gone
astray from His Path, and He is the Best Aware of those who are guided.}
(Holy Quran-16:125)
{And who is better in speech than he who [says: "My Lord is Allah (believes in
His Oneness)," and then stands straight (acts upon His Order), and] invites
(men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I
am one of the Muslims."} (Holy Quran-41:33)
The prophet (peace and blessings of Allah be upon him) said: "By Allah, if
Allah guides one person by you, it is better for you than the best types of
camels." [al-Bukhaaree, Muslim]
The prophet (peace and blessings of Allah be upon him) also said, "Whoever
calls to guidance will have a reward similar to the reward of the one who
follows him, without the reward of either of them being lessened at all."
[Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah]
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