organization:dutch court

  • Gantz, son of Holocaust survivor, mentions Bergen-Belsen but ignores the camp that is Gaza
    If Benny Gantz had the courage, he’d go to The Hague himself
    Amira Hass
    Feb 03, 2019

    https://www.haaretz.com/opinion/.premium-gantz-son-of-holocaust-survivor-mentions-bergen-belsen-but-ignores

    Benny Gantz frequently mentions his mother, a survivor of Bergen-Belsen concentration camp, Anshel Pfeffer wrote in Haaretz on January 30. My mother also survived Bergen-Belsen. The former IDF chief of staff’s mother encouraged him to continue fighting in Gaza, but not to stop sending food to its inhabitants. (To make things straight: Israel did not and does not send food to the Palestinians. The food is bought at full price from Israeli merchants and producers. What Israel can do is to prevent food and other essential products from entering Gaza, as it has done more than once.) My mother was revolted by generals, their wars against the Palestinians and the trafficking in the memory of the murdered Jews.

    If Gantz had the courage, he would go to The Hague himself, to the Dutch district court there. The judge would have to decide whether the Dutch court has the authority to hear a civil suit against the former Israeli chief of staff for war crimes in Gaza in 2014 – the killing of six members of a family in one bombardment. Gantz’s lawyer would argue that the judge should reject the suit because the court has no jurisdiction, and in any case Gantz has immunity because he did what he did for the State of Israel, in the framework of his state-sanctioned role. This is also whyIsrael pays for his legal representation.

    >> Read more: Like Netanyahu, Gantz plays on the anxieties of his would-be voters ■ 180 Palestinian women wounded by live Israeli fire since start of Gaza protests

    Suing for war crimes specific people, who were serving in official capacities, is based on the concept that human beings, even soldiers and certainly their supreme commander, are creatures capable of thinking and are therefore responsible for their actions. They are not just following orders. A civil suit for a war crime committed in another country is based on the concept that universal values exist and that when international law is breached, a third state has the right to adjudicate.

    If Gantz had the courage, he would leave his new Knesset (or cabinet) seat for a day or two and stand in The Hague before the plaintiff Ismail Ziada. But even if Gantz doesn’t go, two tracks of uprootedness, injustice and trauma, will intersect there. Europe made clear to Gantz’s parents, who were born in Hungary and Romania, that they were not wanted there. In fact, that they didn’t deserve to live. They were not killed, and they arrived in this country. In Israel we became the victors, and we continue to take revenge on those who have nothing to do with the expulsion and murder of the Jews.

  • Legislation Clears Way for #MH17 Trials in the Netherlands - Bloomberg
    https://www.bloomberg.com/news/articles/2018-03-21/legislation-clears-way-for-mh17-trials-in-the-netherlands

    The Dutch government has sent legislation to Parliament that clears the way for prosecution in the Netherlands of any suspects identified in the long-running investigation into the 2014 downing of Malaysia Airlines Flight 17 over Ukraine.

    The justice ministry said in a statement Wednesday that the legislation will make it possible for foreign suspects to be tried in a Dutch court in The Hague, including by video links if they aren’t extradited.

    An international criminal probe concluded in 2016 that a missile which destroyed the Malaysian passenger jet and killed all 298 people aboard was fired from rebel-controlled territory in Ukraine by a mobile launcher trucked in from Russia and hastily returned there.

    Investigations are continuing into the identities of those responsible. No indictments have yet been issued.

  • Shell Courtcase — Milieudefensie
    https://milieudefensie.nl/english/shell/oil-leaks/courtcase

    Do you remember the BP oil disaster in the Gulf of Mexico? At least two times more oil has been leaked in Nigeria. A UN report (UNEP, August 2011) revealed that the region is even more severely polluted than we feared. The consequences for local people are immense. As the largest foreign oil corporation in Nigeria, Shell is to a significant degree responsible for this. We therefore ask Shell to clean up the oil, compensate residents and maintain pipelines and installations properly to prevent new leaks.

    SHELL LIED TO DUTCH COURT ABOUT OIL POLLUTION IN NIGERIA

    AMSTERDAM, THE NETHERLANDS, 17 November 2014 – Shell did not tell the truth to the court in The Hague in the legal action brought by Milieudefensie [Friends of the Earth Netherlands] and four Nigerian farmers. The action was taken against Shell due to major oil spills in three Nigerian villages.

    Documents (1) revealed in a British court show that Shell lied about the situation in the village of Goi.

    In the Dutch case, Shell sustained in court that spills from its pipeline in Goi (2) could not be blamed on the company’s negligence. Shell’s lawyer pointed to the precautionary measures that Shell had taken, such as the installation of a Leak Detection System. But the documents that Shell had to divulge to a British court reveal that Shell had to admit that no Leak Detection System was in place. In part because of its reference to this system, in 2013 Shell was not held responsible for the spills in Goi (3).

    The new documents were released this year in a British lawsuit brought against Shell concerning oil spills in the Nigerian village of Bodo, not far from Goi. That case, brought by the Leigh Day law firm acting on behalf of the Bodo community, concerns spills from the same Shell pipeline. In Bodo as well as in Goi, farmers and fishers have for years been left with no livelihood due to the pollution of their land and fishing ponds.

    Channa Samkalden, lawyer for Milieudefensie and the Nigerian farmers, requested the documents from the British court: ‘On the basis of these documents, I can conclude that the testimony on the Leak Detection System which Shell gave to the court in The Hague in our case is in fact not true. These documents also reveal that Shell has withheld other important information.’

    Proper maintenance

    A Leak Detection System is just one of the measures which Shell stated was in place. In order to actually prevent spills, other preventative measures are demanded, such as proper maintenance. Shell has always said there were no grounds for reproach concerning that, but the British documents indicate otherwise. In 2002, Shell was warned by a committee of Shell Nigeria and Shell Global Solutions about the pipeline running through Goi and Bodo: it had exceeded its life span and should have been replaced due to ‘major risk and hazard’. Shell neglected to do so and furthermore, carried out no maintenance.

    Other than what Shell claimed before the Dutch court, the company for all intents and purposes maintained no proper surveillance of the pipeline. Shell did however continue to pump oil through the corroded pipeline as usual. In the years following, various spills occurred in Goi, through which thousands of litres of oil were leaked into the environment.

    Geert Ritsema, head of the Energy and Natural Resources Campaign at Milieudefensie stated, ‘Shell has repeatedly surpassed our worst nightmares. We already knew that the company has flaunted the Nigerian legal system, either ignoring its verdicts or endlessly delaying carrying them out. But we are surprised to see that Shell also seems to have so little respect for the Dutch legal system.’

    Appeal in 2015

    Meanwhile, Milieudefensie’s lawyer has submitted to the court in The Hague a portion of the documents that came to light via the British court. On 12 March of next year, this court will hold its first session in the appeal that Milieudefensie and the Nigerian farmers have brought against the 2013 verdict by the court in The Hague. (4)

    Last week, Amnesty International revealed Shell’s lies in the British Bodo case: Shell repeatedly and intentionally made false claims on the size and impact of two major oil spills. The amount of leaked oil and the damage was intentionally underestimated in an attempt to minimise compensation payments to area residents (5).

    Geert Ritsema: ‘The walls are beginning to close in on Shell. The image that the company would like to present of itself, in the role of the victim instead of the perpetrator, is crumbling more and more.’

    FOR MORE INFORMATION

    Friends of the Earth Netherlands / Milieudefensie press office: +31 (0)20 5507333
    https://milieudefensie.nl/english/shell/oil-leaks/courtcase

    NOTES

    (1) available from Milieudefensie

    (2) https://milieudefensie.nl/english/shell/oil-leaks/courtcase/plaintiffs/chief-barizaa-tete-dooh

    (3) https://milieudefensie.nl/english/pressreleases/milieudefensie-response-to-the-verdict-in-the-shell-nigeria-court-cas

    (4) https://milieudefensie.nl/english/pressreleases/appeal-proceedings-begin-in-milieudefensie-vs-shell-legal-case

    (5) http://www.amnesty.org/en/news/court-documents-expose-shell-s-false-claims-nigeria-oil-spills-2014-11-13

    #nigeria #pollution #shell #pétrole

  • What the Dutch court ruling against #blackface figure #Zwarte_Piet means
    http://africasacountry.com/what-the-dutch-court-ruling-against-blackface-figure-zwarte-piet-me

    The court case on Dutch blackface hero Zwarte Piet (Black Pete) yesterday quickly became world news. In a nutshell: an #Amsterdam judge did not forbid the figure of Black Pete, but ruled that Zwarte Piet “is a negative stereotype of black people and the city must rethink its involvement in holiday celebrations involving him.” Amsterdam mayor Eberhard van der […]

    #MEDIA #POLITICS #Eberhard_van_der_Laan #Netherlands

  • RIPE Police Academy https://ripe66.ripe.net/presentations/300-RIPE-NCC-LEA-AA-final.pdf

    Why?
    RIPE NCC noticed an increase in enquiries from
    Law Enforcement Agencies (LEAs)
    – Almost always related to information we don’t have,
    i.e. asking for end-user details on a specific IP
    – Mostly from “foreign” agencies and not signed off by a
    Dutch court using appropriate international procedures

    • Improve on efficiency on both sides

    • If we can answer the question, the information
    is usually publicly available:
    – RIR whois database
    – Routing information
    • For specific details about an end user, there is
    no way around talking to the responsible network
    operator

    Chez nous on dit « Dümmer als die Polizei erlaubt » plus con qu’autorisé par la police .

    #wtf