The Assault on Israel by Israeli Arab Judges

Submitted by Eli Weinstein (Israel), Dec 20, 2006 at 09:23

An aspect of the problem not discussed in Dr. Pipes' excellent article:

One of the problems now in Israel is that a group of Israeli Arabs have been appointed to the bench and some of these are now coming out into the open and using their positions to promote their political agendas from the bench and in the courtroom. They are doing so at the bidding of or in collaboration with the Jewish Left, which controls large parts of the judicial system. The Left has long misused the courts and justice system for political prosecution of rightwingers, criminalization of "Kahanists" and others. It has prosecuted rabbis and people like Nadia Matar from Women in Green and Moshe Feiglin from several groups he runs in open political persecution, while never indicting Arabs or leftists for sedition or incitement or "racism".

Until recently most Israeli Arab judges kept a low public profile, were reticent about politics, and actually tended to hand out tougher sentences in criminal trials than Jewish judges. All that has changed.

There is now an Arab Supreme Court justice in Israel, named Salim Joubran (see http://en.wikipedia.org/wiki/Salim_Joubran ). Over the past year or so he has "come out of the closet" as a radical Arab anti-Israel nationalist. He is now publicly promoting the various "secession plans" being invented by Arabs and by anti-Zionist leftist Jews, under which Israeli Arabs (which Joubran now calls "Palestinian Israelis") will set up their own parliament and own state within the state, will have separate UN representation and veto power over Israeli government decisions. And eventually no doubt their own army.

Joubran's open sedition has inspired other Arab judges to follow his lead. In large part all this has been made possible by the "judicial activism" imposed upon Israel by the past Chief Justice Aharon Barak and other senior jurists and law professors. Under their version of "judicial activism", judges are SUPPOSED to introduce their personal political agenda and biases into their rulings and expound their political ideology from the bench, because they represent "enlightened opinion".

One of the worst radical Arab judges is named George Kara, in the Tel Aviv magistrates court. He is outspoken about his radical political agenda. But the leftist-dominated prosecutor's office collaborates with this judge! It makes sure that any court cases involving rightwing protesters (such as those who tried to prevent the Gaza withdrawal) are brought before this Arab judge. The judge then ignore the law and sentencing guidelines and sentences the rightwingers to absurd punishments out of line with all precedent. He does so as naked politiczalization and with the connivance of the prosecutor's office.

Such political convictions involve minors, professors, and other ordinary civilians. As one illustration of all this, Daniella Weiss, a grandmother in her 60s and a founder of Gush Emunim, was prosecuted under criminal charges for slapping a policeman during the arrest of protesters against the Gaza withdrawal in 2005. She was brought to court in chains on her legs and hands. By contrast, in a recent scandal, the serial rapist Benny Sela was able simply to walk away from a court and escape because HE was NOT similarly bound when appearing in court. Several professors from the Right are now facing criminal charges, including Prof. Hillel Weiss and Prof. Hanokuglo (who was once Netanyah's science advisor).

One of the most outrageous cases of an Arab judge ignoring the law and turning the courtroom into an anti-Israel intifada, probably THE MOST outrageous, was of course the judge in the Gordon-Plaut case. In her verdict, the Arab woman judge wrote statements that could well have been read out in the Iranian Holocaust Denial conference. Her verdict was entirely based on her desire to protect all sedition by leftist extremists as "protected speech" while defining criticism of leftist treason as libel. But she also openly endorsed Holocaust revisionism in the verdict, and declared that all of Israel was constructed on the lands of another people. That verdict I understand goes to appeal soon.

If there were any doubt beforehand, the behavior of the judge in that case clearly defined Nazareth court as the bastion for Bash-Israel and Bash-the-Jews Arab judges, at least at the lower court level. Most of the judges in Nazareth at the lower level are Arabs, and many are affirmative action lowered-standards appointees, or appointees for which the Arab Hadash (Stalinist) party lobbied or other Arab neo-fascist parties promoted.

A little while back, the Israeli Supreme Court issued a ruling, composed by Aharon Barak, concerning Palestinians injured in firefights between terrorists and the IDF. Barak ruled that they can submit claims for compensation to the Israeli courts (naturally, in Barak style, with no real legal basis for this opinion whatsoever). Within days, large numbers of suits claiming damages were being filed, and all or almost all of them were being filed in Nazareth court! The reason for that is obvious, and here is yet another illustration of damages done by the radical politicalized Arab judges, especially in Nazarath court, and the general problem of politicized Arab judges being assigned court cases with political content. When the Supreme Court Chief Justice misuses the bench as his own private ideological bully pulpit and introduces ideology into his rulings in open manner, he in effect is inviting other judges to do the same, including Arab judges who wish to war against Israel from their benches.

Arab NGOs meanwhile have recruited the brightest Arab lawyers available and have been promoting the Arab anti-Israel agenda in a wide variety of court cases and petitions and actions in Israel, in some cases in collaboration with the Jewish left or with the leftist Attorney General. This is all in addition to the long tradition in Israel holding that Arabs are not expected to obey the laws, from tax evasion to illegal land squatting. In order to "keep things quiet", Israel has a long history of non-enforcement of many laws when it comes to Arab lawbreaking.

Eli Weinstein, Attorney

Ontario

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