Difference between revisions of "Psak 5770 Tishrei 30"
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[[Category:Legal rulings and opinions to date]]
[[Category:Legal rulings and opinions to date]]
Latest revision as of 09:15, 12 November 2009
Translation from Hebrew of the 30 Tishrei, 5770 (18 October 2009) statement:
An Immediate Injunction to Prohibit the U.N. Security Council from discussing the Goldstone Report
The Court of the Sanhedrin in this document is issuing an immediate injunction to prohibit the U.N. Security Council and any other U.N. forum from reviewing the Goldstone Report.
We expect the Secretary-General of the United Nations to make a public statement immediately suspending any further discussion of the Goldstone Report, to announce that it has been set aside, and to set up an investigative committee agreed upon by the sides to the war that will determine by mutual agreement the background to the outbreak of the Israeli Defense Force’s operation in Gaza, known as “Operation Cast Lead”, and will revise the U.N. charter and the laws of war with regard to the fight against terror organizations and terrorist states.
Avoiding this responsibility revokes the legitimacy of the United Nations as a fair and representative organization to bring peace and defeats the mission for which it was established.
1. The Goldstone Report is tainted by malicious politicization which disqualifies it in essence, because those who initiated the report ignored the unremitting aggression of the Hamas and other “Palestinian” organizations over a period of many long years. This deliberate disregard included Islamic organizations and others who plotted and carried out severe aggression against the citizens of Israel and Jews all over the world without distinction for more than 14 years, shelling cities and towns without any provocation by the State of Israel, killing and maiming women and children, conducting their prolonged terror operations against the Israeli civilian population in such a way as to cause grave economic damage.
The report does not relate to the serious scope of continuous violations of international law by the "Palestinians". For that reason, we encourage the government of Israel not to allow itself to be called to judgment before hostile forums.
2. The United Nations took action only after the success of the Israeli Defense Forces in the “Cast Lead Operation”, and this action was to deny Israel and the world the possibility of subduing terror, by tying Israel’s hands and feet and acquiescing to its destruction (God forbid) , to deter its fighters by threatening them with arrest warrants all over the world after first defining Israel’s struggle against terror as a war crime.
3. The U.N. in taking such action has abandoned all basic standards of justice and freedom in human civilization and has turned the victim into the offender. By supporting the Goldstone Report, the U.N. has presumed to revoke the law of the Torah which has become a basic tenet of natural international law according to which “If someone rises up against you to kill you, kill him first”.
4. The U.N. is totally ignoring the war crimes in almost all of the countries of the world which are associated with the “Axis of Evil”, as former U.S. President George Bush called it, with the violators being nations and peoples who are serial law-breakers: nations and leaders whose principal expertise is in planning and carrying out genocide while the U.N. assists them by denying the Jewish people the right of self-defense.
5. The institution has become an entity that aids and abets aggression and bloodshed and an indirect cause in arousing strife and war in the world. The U.N. helps terrorists escape defeat, thus preventing the achievement of peace, life, and world stability.
6. The spirit of the faith of Israel, its Torah and the prophetic visions, the culture of the Jewish people and conduct which detest bloodshed, together with the philosophy and thought of numerous Jewish leaders, has contributed more to the U.N. Declaration of Human Rights more than any other nation. The U.N. is making perverted use of this declaration against a peace-loving nation more than against any other nation in order to destroy and exterminate it and as a result will lead to the death of billions of human beings as the sages said (Mishnah Avot 5:8) : “The sword of war comes to the world for the delay of justice, for the perversion of justice, and for interpreting the Torah in contradiction of its basic laws.”
7. We therefore call in every dispute for the establishment of investigative committees composed of representatives of countries that do not show hostility to one of the sides. This applies to the state of war that exists between the Jewish people and their country and the Arab nations and their countries.
8. If this is not done, we call upon all of the countries and state and national organizations to take steps to establish a new international framework to bring peace and resolve disputes, an organization that operates according to laws that reflect the vision of the prophets which are the foundation of international law and the laws of war and peace that bind all nations.
9. To the regret of all, the U.N. has become a comfortable haven for terror states and totalitarian countries who threaten with annihilation the nations who are members in the U.N., who suppress with blood and fire the spirit of liberty and justice of every human being on earth and are represented by dictatorships which took power by duplicity. Therefore the institutions of the U.N. and the courts operating in its name are disqualified from acting as international courts of law as they are considered at present. As the sages of Israel said (Mishanh Avot 1:7) “Do not associate with an evil person” and Maimonides explained this as meaning “whoever he be from whatever society, so that you do not learn his ways”.
10. All people on earth know that the present manner of international conduct will lead sooner or later to a flood of fire that will engulf the entire world when international disputes rage out of control. Therefore it is the sacred responsibility of all countries who love peace and justice to establish international courts, and the responsibility of every human being and of every state does not end by relying on a perverted international organization.
We are hopeful that states, organizations, legal institutions and individuals of influence will publicly support this declaration and band together to bring its ideas to fruition.
Adv. Dov Even–Ohr
Rabbi Dov Stein – Secretary, the Sanhedrin
Rabbi Dr. Ezra Tepper
Rabbi Professor Hillel Weiss – Spokesman, the Sanhedrin
Rabbi Yeshaiah Hollander
Rabbi Yosef Elbom
Ohad Kamin, Chairman, Investigative Committee