Palestinian villagers try to sue Canadian builders

Lawyers for the Palestinian village of Bil'in are suing a Canadian building firm for breaching the fourth Geneva Convention as well as acting contrary to Canada's Crimes Against Humanity and War Crimes Act by building illegal Israeli settlements in the Occupied Territories.

And what makes the case so fascinating is that they are not seeking for it to be heard in Israel, but they are asking that the Quebec superior court hear the case. I don't know what the mood is like in Canada, but I know that here in Europe there is a widespread recognition that Israel's settlement building is a direct violation of international law.

The case, brought to the Quebec superior court in Montreal, alleges that the two Canadian firms are breaching international law by building and selling homes in part of the settlement of Modi'in Illit on land originally belonging to the Palestinian village of Bil'in.

"In so doing, the defendants are aiding, abetting, assisting and conspiring with the state of Israel in carrying out an illegal purpose," according to the writ of claim filed to the court. It said their conduct amounted to a "fundamental violation of the human rights of the villagers" and "denies them freedom of movement".

It's fascinating move, as we all know that the fourth Geneva Convention bars the occupying army from moving any part of it's civilian population into the territory it occupies, and I presume that the Canadian building firm are well aware that these houses are not being built for the indigenous Palestinian population.

And the illegality of such building in the territories has already been made perfectly clear in several UN resolutions, but is stated very clearly in 446 and many others that Israel's behaviour is clearly illegal:

"In the eyes of the world community, its [Israel's] presence there [in the Occupied Territories] is subject to international law dealing with belligerent occupancy, specifically, the Fourth Geneva Convention of 1949... Allowing for measures of military necessity, the Convention forbids alterations of the legal system, forcible transfer or deportation of the resident population, and resettlement by the occupying power of its own civilian population within the occupied territory. Israel has violated these provisions, but contested their application on the grounds that the West Bank (in particular) is "disputed" or "unallocated" rather than the occupied territory of a nation that is party to the Geneva Convention."

In resolution 476 the Security Council made clear that it 'reiterates' that Israel's claim to Jerusalem are 'null and void'".

So, if the Canadian court decide to hear the case there is certainly enough precedence in international law for them to find in favour of the residents of Bil'in.

One of the things which weakens the US's demands that other nations obey international law is the blind eye which the US displays when it comes to this blatant theft of Palestinian land.

By taking the case to a Canadian court the Palestinians hope to show international firms that they cannot assist Israel's actions within the Occupied Territories with immunity.

Canadian companies should not be helping Israel to break international law; and I, for one, hope that the residents of Bil'in have their day in court.

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Tags: Bil'in, Israel, Palestine, Occupied Territories, Canada, illegal occupation, settlement building, Green Park International, Green Mount International