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Feb. 8, 2004
PA hires ’world’s best’ counsel for fence case
By YAAKOV KATZ
Referred to by one international law expert as "the best international lawyer in the world," James Crawford will pose a difficult challenge for the Israeli legal team at the upcoming hearing on the security fence at the International Court of Justice in The Hague.
Crawford is chairman of the Faculty of Law at Cambridge University and the former director of the Lauterpacht Research Center for International Law. The latter is now headed by Israel’s counsel, Cambridge law professor Daniel Bethlehem, who will square off against Crawford at the February 23 ICJ hearing.
Crawford, said to be very committed to the Palestinian cause, has represented several Arab and Muslim countries in past hearings before the ICJ. He was described by one legal journal as a "leading silk" in public international law.
Another journal said he is "recognized for the vibrancy of his argument… brilliant at thinking laterally… one of the most creative public international law lawyers around".
Speaking to The Jerusalem Post by phone from Cambridge, Crawford denies personally sympathizing with the Palestinians in this case, and said that as a lawyer he is able to differentiate between personal opinions and those of the client.
"Each case is separate. You are representing a party and not expressing a personal opinion,‘ Crawford said. ’I am not pro anyone. I am a lawyer."
According to one international law attorney close to the ICJ, Israel’s counsel will face a tough challenge since he does not have the experience or the political savvy and connections that Crawford brings with him.
Crawford, who represented Jordan during the 1994 peace talks with Israel, said that he and Bethlehem are good friends and that there is no conflict of interest in two colleagues arguing against one another before the ICJ. "The ethics of the bar are such that you deal with cases separately and on other cases you work together," he said.
Crawford represented Iran in a lawsuit filed against the United States over the destruction of an Iran-Air civilian jet by two US cruise missiles and the consequent deaths of the 290 passengers aboard in July 1988. The case was discontinued after both sides informed the court that they had reached a settlement.
Muin Shreim, an official at the Palestinian Mission to the United Nations told the Post that the Palestinian Authority chose Crawford since "he is a very qualified international lawyer and well established, and we wanted to have the best."
In a 2003 interview to Lumen, a publication of the University of Adelaide, Crawford asked about calls that Prime Minister Ariel Sharon should be tried for his actions in Lebanon in 1982, said that world leaders should be held accountable for their actions when they are suspected of war crimes.
"We have to move to a system of general accountability of leaders for their actions, where they are credibly suspected of war crimes and the like," he told the magazine.
Crawford told the Post that he was not speaking only of Ariel Sharon’s actions but of all world leaders. "I am a strong proponent of the International Criminal Court and believe that all leaders should be held accountable for their actions," he said.
In a letter sent to Downing Street and published in The Guardian in March 2003, Crawford, together with other international law professors called on British Prime Minister Tony Blair to not attack Iraq.
"There is no justification under international law for the use of military force against Iraq," the letter said.
The leading lawyers declared that the UN Security Council’s resolutions on Iraq, passed unanimously in November to force Saddam Hussein to dismantle weapons of mass destruction, failed to provide grounds for war.
------- Talkback -------
Bradford J. Crompton, Boca Raton, FL USA: Mr. Crawford appears to take great pride in representing Arab nations. Perhaps Mr. Crawford should join their ranks. As much as he attempts to convince us he is not a sympathizer, I don’t believe it. Mr. Crawford delivered a letter to Prime Minister Tony Blair not to attack Iraq. Why didn’t Mr. Crawford deliver the same letter to President George W. Bush? Israel has every right to protect their border and it’s people from harm. The bombing in Jerusalem one day before the proceedings began is evidence that the Palestinian Authority has no regard for human life or values. The best interest for Israel would be served if the rest of the world would mind it’s own business.
Martin Leaf, Detroit, Michigan: Why does Israel care about the attorney? Israel, the US and the EU are not recognizing that Court’s jurisdiction, and therefore should not be addressing that Court. I am puzzled.
Tauba Steinberg, Calgary, Canada: I think that the simplest solution to the Terrorist fence is that the Israeli Government should stop allowing the hiring of Arabs, and then perhaps they would disappear into Jordan, where they belong.
Amit Peles Corona Calif. USA: Perhaps the ICJ should also decide on the legality of protective barrier between the USA and Mexico, or the Saudi Arabian fence with Yemen. The Palestinian Authority is interested in the Jewish state destruction, not in a second Palestinian state, in 2002 US President Clinton gave them a state and they refused to consider it.
David Guy Rehovot, Israel: If Israel doesn’t have the best possible lawyer in this case we must find the next best one. Failing this, let us at least find one who will look good and capture as much media time as possible. This case will be one or lost on television as in the courtroom. Surely there are enough pro-Israel lawyers about who fulfill both qualifications?
David Schor Raanana, Israel: Is the EU’s monthly payment to the PA also funding the retention of Mr. Crawford’s expert services, instead of providing health, food, and jobs to the "desperate" Palestinian masses? Even though the EU officially objects to ICJ jurisdiction over this case, are they helping pay the PA’s legal fees? Does this bother anyone associated with the EU?
Bruce Kittess Nome, Alaska: I believe Israel has every right to build the wall or anything else for national security. The land belongs to Israel. The Palestinians are not recognized as a sovereign country. Arafat is to blame for that. Arafat should be on trial, not Israel.
Laurent Niddam, Budapest, Hungary: One should not forget that a case is heard and decided on the merits, and that even the best lawyer cannot win a bad case. The tribunal’s prejudice may however change the rule.
Nannette Simon, London, UK: Crawford talked of holding Sharon accountable for "war crimes" where the Maronite Christians killed a few hundred PLO, but what about someone holding Arafat accountable for his massacre of thousands at Damour? Obviously the man is very well paid and prefers to represent the Arab states, as do all politically correct, left wing oppressors of freedom. I hope the EU pay him well for his services. As for the accusations against Israel keeping the Palestinians in such a terribly deprived state, I think the world should ask Arafat for the return the billion dollars he’s skimmed off humanitarian aid donations to the Palestinian people. I’m sure it would go a long way to ease the present suffering.
Edward Kasner, Bradenton, Florida: In the report Mr Crawford states, "I am not pro anyone. I am a Lawyer.": The lawyer traditionally espouses his clients side of the controversy. A layer who at a trial presents his own version of the controversy is not a lawyer representing his client but a person setting forth his own position. I would not hire or pay such a person as my lawyer because he is not my lawyer. He is a party to the proceedings.
Ron Tishman, Kiev: The surest and fasted way for Jews to get a rise out of the world is for us to defend ourselves successfully. As soon as we stop being victims, we’re targetted by the world. The whole Middle East conflict is about which party can portray itself as the biggest victim and Yasser "holed up in Ramallah‘ Arafat is the best ’victim" in the whole drama. Either we lose children to bus bombings or lose the PR campaign. What a shame. No wonder the conflict never ends.
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