|
Today's
Stories
January 28, 2010
Bill Quigley
Haitians are Helping Haitians
January 27, 2010
Daniel Kovalik
Obama's War for Oil in Colombia
Paul Craig Roberts
Rule by the Rich
Dean Baker
We Won't Get Tarped Again!
Uri Avnery
The Two-Headed Monster
Sasha Kramer
Fear Slows Aid Efforts in Haiti
Vijay Prashad
Plan of Death in Haiti
Nikolas Kozloff
Hugo and the Shockwave: the U.S., Latin America and Haiti
Mark Weisbrot
Haiti: Where Security Kills
Jonathan Cook
Holocaust Day Invited Raises Storm in Israel
Bob Fitrakis /
Harvey Wasserman
Et Tu, ACLU?
Binoy Kampmark
Gordon Ramsay in India
Website of the Day
White House Die In
January 26, 2010
Michael Hudson
Myths of Recovery
Joan Roelofs
It's the Whole System
Patrick Cockburn
The Hanging of the Henchman
Mike Roselle
Photographing Mountain Top Removal: an Interview with Antrim Caskey
Brian M. Downing
Return of the Trust Busters
David Macaray
Big Brother is Alive and Well ... and He's Signing Your Paycheck!
Bouthaina Shaaban
Haiti -- Gaza: Varieties of Compassion
Kevin Zeese
Remodeling the Antiwar Movement
Richard Morse
The Press Only Likes Fresh Blood and the Blood in Haiti is Drying
Fidel Castro
We Send Doctors, Not Soldiers
Farzana Versey
Making Haiti: Survival, Charity Tourism and the Marketplace
Jonathan Cook
Israel's "Army-Owned" University
Website of the Day
Bagram: an Annotated Prisoners List
January 25, 2010
Michael Hudson
Will Obama Put Muscle Into the White House's New Populist Play?
Anthony DiMaggio
Supremely Swindled
JoAnn Wypijewski
Judges' Shock Ruling Okays Fantasist's "Repressed Memories" Fraud
Nadia Hijab
Aiding Yemen
Robert Jensen
Great Television, Bad Journalism: Media Failures on Haiti
John Maxwell
Boojum Hunting in the Caribbean
Richard Morse
Tweets From Port au Prince:
We are Far From Normal
Marilyn Langlois
Standing Shoulder-to-Shoulder in Haiti
Dan Bacher
Has Obama Sold Out to Big Ag?
James L. Secor
The Mental Paralysis of the Left
Jayne Lyn Stahl
Putting the "Pro" Back Into Progressive
Website of the Day
Glenn Beck's "Revolution Holocaust"
January 22/24, 2010
Alexander Cockburn
The Great Leap Sideways
Russell Feingold
The Supremes Have Opened the Floodgates
Ralph Nader
The Supremes Bow to King Corporation
Christopher Ketcham
Freedom of Speech for a Fiction
Manuel Garcia, Jr
Corporate Personhood and Political Free Speech
Paul Craig Roberts
How Wall Street Destroyed Health Care
Jeffrey St. Clair
Poison Letters
Nikolas Kozloff
A Thorn in the Side of the U.S. Military in Haiti
Jean Damu
Haiti: Blood, Sweat and Baseball
Mitchel Cohen
Haiti and Toxic Waste
Paul Buccheit
The Tragedy of Haiti ... and Us
Conn Hallinan
Something About Yemen
Steven Higgs
The Mystery of the Eli Lilly Rider
Rob Stone, MD
Face Time With Rahm on Health Care
Saul Landau /
Nelson P. Valdes
The Preventive Coup
Ron Jacobs
Just Walk Away From the Democrats
Vijay Prashad
The Killings in Bengal
P. Sainath
India:
Self-Slaughter Every 30 Minutes
M. Shahid Alam
Inviting David Brooks to My Class
George Wuerthner
Why Grass-Fed Beef Won't Save the Planet
Missy Comley Beattie
Could a Woman Who Posed Nude Get Elected?
Jean Sabaté
Russia's Ruined Far East Metropolis
Shamus Cooke
Company Unionism
Stephen Fleischman
The Founding Fathers and the Luck of the Draw
Michael Donnelly
Gitmo Closes
David Michael Green
How to Wreck a Presidency
Michael Dickinson
Art on Trial in the Capital of Culture
Charles R. Larson
In the Aftermath of 9/11
David Yearsley
From the Liberace Museum to Persian aub Zam Zam
Lorenzo Wolff
Catching Ziggy on the Lower East Side
Poets' Basement
Ahmad and Corseri
Website of the Day
Hitler Finds Out Scott Brown Won Mass. Senate Seat
January 21, 2010
Paul Craig Roberts
Security Fools
Alan Farago
Fat Tires in the Everglades
Richard Morse
Earthquake in the Red Zone
Stewart J. Lawrence
The Prospects for Comprehensive Immigration Reform
Harvey Wasserman
The Weimar Democrats
Carl Finamore
Class Clowns
Ramzy Baroud
Iran and Latin America: the Press Stirs the Pot
Marshall Auerback
Obama Still Doesn't Get It
Fawzia Afzal-Khan
Pakistan Love Story
Adam Federman
Did Commercial-ization Kill the Bees?
Website of the Day
How Free Market Theory Destroyed the Free Market
January 20, 2010
Alexander Cockburn
A Richly Deserved Humiliation
James Bovard
How the Patriot Act Perpetuates Official Robberies
Mary Lynn Cramer
Class and Party Differences in Massachusetts
Dean Baker
Making the Banks Pay
Uri Avnery
The Turkish Incident
Kathy Kelly
Tough Minds and Tender Hearts
Jeb Sprague
Haiti's Classquake
Ron Jacobs
Revolution Not a Tea Party
John V. Walsh
Why I Voted for the Republican in Massachusetts
Bouthaina Shaaban
A Wise Strategy for Obama
Gail Dines
The Ideal Partner?
Website of the Day
Water Insecurity in the Colorado Basin
January 19, 2010
Michael Hudson
Wall Street's Power Grab
John Maxwell
No, Mister, You Can't Share My Pain
Stephen Soldz
The Guantánamo Suicides
Richard Morse
Tweets from Port au Prince: "A Hungry Man is an Angry Man..."
Björn Kumm
The Tragedy of Toussaint L'Ouverture
Gary Leupp
Blowback of the Drones
Eric Toussaint /
Sophie Perchellet
Haiti's Odious Debt
Nikolas Kozloff
Chile's New Right
Benjamin Dangl
Profiting From Haiti's Misery: If the Marines Don't Kill You, the Loans Will
Dave Lindorff
The Blackout on Cuban Aid to Haiti
Robert Roth
The Politics of an Earthquake
Website of the Day
Break Up the Big Banks--ASAP
January 18, 2010
Petra Bartosiewicz
The Intelligence Factory: How America Makes Its Enemies Disappear
Nelson P. Valdés
The Rescue Operation's Priorities in Haiti
Bill Quigley
Why the U.S. Owes Haiti Billions
Richard Morse
I See No Evidence of a Government Presence Here: Tweets from Port au Prince
Tolu Olorunda
More Than Aid, Haiti Needs Allies
John Ross
The Silence of the Sub
Manuel Garcia, Jr. The Murder of Masoud Alimohammadi: Assassinating the Iranian H-Bomb
Ralph Nader
Privatizing Everything
Franklin Lamb
How McCain was Greeted in Lebanon
Frederick B. Hudson
Plucking the Chords of Change
Website of the Day
Senator Centerfold
January 15-17, 2010
Alexander Cockburn
Bum Rap for Harry, Not for Bubba Bill
Richard Morse
The Streets are Now Haiti's Living Room, Bedroom and Morgue
Bill Quigley
Ten Things the U.S. Can and Should Do for Haiti
Patrick Cockburn
Crushing Haiti, Now as Always
Jeffrey St. Clair
On the Firing Line
Anthony DiMaggio
Remaking an American Myth:
Haiti, U.S. Aid and Humanitarian Relief
Tom Reeves
Haiti, Where America Never Learns
Daniel Wolff
Haiti's Ongoing Emergency
Alan Nasser
Obama's Latest Ruse: the Bank Tax
Saul Landau /
Nelson P. Valdes
A Coup in Honduras ... So Twentieth Century!
Andrew Oxford
Afghanistan's Soft-Spoken Rebel
Michael Donnelly
Big Greens and Real Greens: Biodiversity in the Age of Big Money Environmentalism
Russell Mokhiber
Democrats Going Down in Flames
Darwin Bond-Graham
The Green Drillers
Missy Beattie
War Dealer
David Ker Thomson
The Attention Economy
Gary Leupp
War on Yemen
Ron Jacobs
The Untold Story of Afghanistan
Clifton Ross
Nicaragua Now: Living the Farce
Jordan Flaherty
Her Crime? Sex Work in New Orleans
Marshall Auerback
Why Placating the Tea Baggers Protects the Status Quo
Marjorie Cohn
Keeping Same Sex Marriage in the Dark
Joe Bageant
Bass Boats and Queer Marriage
Tariq Ali
Remembering Daniel Bensaîd
Jayne Lyn Stahl
Too Soon to Fail?
Charles R. Larson
Iran at the Seams
Kim Nicolini
Vampires in Hard Times
David Yearsley
Histories of Western Music, From Grout to Kleinzahler
Poets' Basement
Garcia and Bryan
Website of the Weekend
Green Tags: Words That Stick
Support Haiti Action
January 14, 2010
Ashley Smith
The Incapacitation of Haiti: Before and After the Quake
Harvey Wasserman
Hard Core Green: How to Kick Corporate Butt
Dean Baker
The Case for Bernanke: a Really Bad Joke
Brian Cloughley
Selective Compassion
Brock L. Bevan
One Night in Sana'a: Parties, French Girls and Security in Yemen
Don Monkerud
The Health Insurance Monopoly
Winslow T. Wheeler
More Pentagon Spending
Gideon Levy
Only Shrinks Can Explain Israel's Behavior
Adam Federman
The Exxon Clause
James McEnteer
This Week in Stupid
Brian Concannon Jr
Working with the Haitian Government
Website of the Day
Protest at Wall Street
January 13, 2010
Patrick Haenni /
Sami Amghar
The Myth of Muslim Conquest
Jonathan Cook
The Iron Dome
Cecil Brown
Knocking on Woods: What Tiger Woods Jokes Tell Us About the American Character
Steven Higgs
Mercury and the "Environmental Soup"
Paul de Rooij
A People's Cartoon History of Gaza
Richard Forno
What Happens When They Change Targets?
Dr. Trudy Bond
Psychologists in an Age of Torture
Daniel Drennan
A Black Panther in Beirut
Martha Rosenberg
The "Good Cancer" Spin
Brenda Baletti, Gilson Rego and Antonio Sena
Battle in Amazonia
Website of the Day
Haiti Aid: Artists for Peace and Justice
January 12, 2010
Bill Salganik
The Myth of "Cadillac" Health Plans
Uri Avnery
The Quiet American Goes to Yemen
Dean Baker
Big Bank Theory
Dan Kovalik
Chiquita Lauded for Human Rights Abuses
Raza Naeem
Yemen's Memories of Revolution and Resistance
George Wuerthner
Up in Smoke: Why Biomass Wood Energy is Not the Answer
Dave Lindorff
Looking for Those Green Shoots
David Macaray
I am Blacker Than Rod Blagojevich
Tolu Olorunda
Bono Bombs, Again
Patrick Bond
Copenhagen Inside-Out
Website of the Day
Unfortunate Checkout Aisle Juxtapositions: Tiger and Abdulmutallab
January 11, 2010
Patrick Cockburn
Only Fools Rush Into Yemen
Gareth Porter
Potemkin Tunnels: Iran Uses Fear of Secret Nuclear Sites to Avert Attacks
John Ross
Mexico Welcomes 2010 With Bombs and Riots
Gregory V. Button
TVA Health Assessment Report on Coal Ash Raises Troubling Questions About the Agency
Ralph Nader
The Last of the Prairie Populists:
Losing Byron Dorgan
Tom Barry
Not Systemic Failure, Failed System
Mikita Brottman
The Healing Powers of Facebook
David Michael Green Lost in the White House
David Swanson
Obama as the Secret Decider
Kevin Zeese
The Baucus 8 Are Free
Website of the Day
Solitary Watch: News From a Nation in Lockdown
|
January 28, 2010
Distorting the Basic Law
Apartheid at the Israeli High Court
By URI WEISS
In 1992 the Knesset enacted Basic Law: Human Dignity and Liberty. This basic law speaks clearly about human dignity. It states explicitly: "All persons are entitled to protection of their life, body and dignity". And let it be emphasized: all persons, not just citizens, not just residents, and not just Jewish persons. However, Judge Aharon Barak's Supreme Court (sitting as the HCJ) has ruled that the law is applicable to Jewish settlers in the territories, but the question of whether it is applicable to their Palestinian neighbors has been left as "pending decision", i.e. an open question about which the need to decide has not yet arisen.
This ruling is crude legal activism by the HCJ, distorting the words of the basic law enacted by the Knesset, turning it into an Apartheid law. More precisely, this is Apartheid common constitutional law.
Since then, the Israeli Supreme Court has added two building blocks to the edifice of Apartheid. The first one is the ruling which recognized "Bank-Hamizrachi's" constitutional property right in a house built in the Gaza strip. Thus, the HCJ actually decided that a Jewish corporation in the occupied territories is entitled to constitutional rights stemming from the Basic Law, but the question whether a Palestinian person in this area is entitled to those rights has been left open. The second building block was laid by the Ga'abith ruling, which addressed the question whether a Palestinian man residing in Israel as the spouse of an Israeli resident has the right of hearing, after the state decides to deport him for security reasons. The state argued that the Palestinian man had no such right, since he had no legal status in Israel. Judge Elyakim Rubinstein recognized the Palestinian man's right of hearing, since this right is supposed to be granted to every person. However, lo and behold, the view of this judge who represents the religious right wing remained a minority view! The seemingly liberal judges, Dorit Beinish and Hanan Meltzer, ruled that the Palestinian man's right could be derived from the right granted to his Israeli spouse, and subsequently left open the crucial question whether he himself has that right independently.
By doing so, the HCJ has completed the edifice of Apartheid which it had been building. Basic Law: Human Dignity and Liberty is not applicable to all those who are regarded as human beings by a humanist attitude. Neither are the boundaries of its jurisdiction geographic, like the green line. Instead, they are substantively ethnic. A Jewish settler will be protected by the basic law - both in the territories and in Israel. Her Palestinian neighbor's rights, which should follow from the basic law, either inside Israel or in the occupied territories, have yet to be decided.
Leaving this question open, under the status of "pending discussion", leads, at the very least, to a delay in the recognition of the Palestinians' right and conveys the message that for 17 years Israel's Supreme Court has been regarding basic laws as currently irrelevant for granting constitutional protection to the Palestinians. Thus, contrary to the common view, the Supreme Court has not only exercised a tight-fist policy in protecting Palestinians from violations carried out by the other Israeli branches of power, it has also exacerbated these violations, through its "legal activism" approach, denying Palestinians protection granted by the Israeli parliament.
Uri Weiss is a PHD law student at the Hebrew University, Jerusalem.
This article was translated from the Hebrew by Uri Weiss and Ofer Neiman.
|
Now Available from CounterPunch Books!

How the Economy
Was Lost
By Paul Craig Roberts
Yellowstone Drift:
Floating the Past
in Real Time
by John Holt
Introduction by Doug Peacock

Click here to Buy!
Born Under a Bad Sky:
Notes from the Dark Side
of the Earth
By Jeffrey St. Clair

2010 Country Mamas of Petrolia
Calendar Now Available!
Waiting for
Lightning
to Strike:
The Fundamentals
of Black Politics
Kevin Alexander Gray
Click Here to Buy!
"The Case Against
Israel"
Michael
Neumann's Devastating Rebuttal of Alan Dershowitz

Click Here to Buy!
RED STATE REBELS:
Tales of Grassroots Resistance from the Heartland

Edited by
Jeffrey St. Clair
and Joshua Frank
How the Press Led
the US into War

Buy End Times Now!
The Secret
Language
of the Crossroads:
HOW THE IRISH
INVENTED SLANG
By Daniel CassidyWINNER
OF THE
AMERICAN BOOK AWARD!

Click Here to Buy!
The Inside Story of the Shannon Five's Smashing Victory Over the
Bush War Machine
By Harry Browne 
Saul Landau's
Bush and Botox World
with a Foreword by Gore Vidal
Click Here to Order! Grand Theft Pentagon
How They Made a Killing on the War on Terrorism

Spell Albuquerque:
Memoir of a
"Difficult Student"
By Tennessee Reed




"Powerful and shocking ..
see this film"
-- Joseph Stiglitz on American Casino







The Occupation
by Patrick Cockburn






Humanitarian Imperialism
By Jean Bricmont
           
CITY BEAUTIFUL
By Tennessee Reed         
|