Posts Tagged Gaza
The judgment (in first instance; expect appeal) dismissing jurisdiction in Ismail Ziada v Benjamin Gantz is out in Dutch here and in English here. Gilles Cuniberti has reviewed the immunity issues here. I shall focus on the consideration of forum necessitatis, and can so do very briefly for the court does, too.
In essence the judgment on this point means that civil procedure rules on forum necessitatis do not set aside sovereign immunity based on public international law, and that the ECtHR judgment in Naït-Liman does not alter that finding. In that case, the ECtHR nudged States to consider a forum necessitatis rule:
‘“Nonetheless, given the dynamic nature of this area, the Court does not rule out the possibility of developments in the future. Accordingly, and although it concludes that there has been no violation of Article 6 § 1 in the present case, the Court invites the States Parties to the Convention to take account in their legal orders of any developments facilitating effective implementation of the right to compensation for acts of torture, while assessing carefully any claim of this nature so as to identify, where appropriate, the elements which would oblige their courts to assume jurisdiction to examine it.”
In Ismail Ziada v Benjamin Gantz the Court simply remarked that ECtHR authority on the issue all concerns immunity of international organisations not, as here, State sovereign immunity, in which consequently (in the court’s view) forum necessitatis does not have a role to play.
Article 6, Ben Gantz, Benjamin Gantz, Corporate social responsibility, CSR, ECHR, forum necessitatis, Gaza, https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBDHA:2020:559, Israel, Naït-Liman, Netherlands, Sovereign immunity, universal jurisdiction
Suing the Chief of the Israeli General Staff in The Netherlands. Ismail Ziada v Benjamin Gantz tests Dutch forum necessitatis rules.
Since the news broke in Mid-September of a Dutch claimant of Palestinian descent, suing former Chief of the General Staff Benjamin Gantz in The Netherlands, I have regularly checked ECLI NL for any kind of judgment. So far to no avail. I report the case now summarily, for it will be good to have a judgment (presumably first interlocutory: on the jurisdiction issue) to chew on.
The claim invokes the Dutch forum necessitatis rule (Article 9 CPR; other European States have similar rules), often also known as ‘universal jurisdiction’ however clearly the rule has its constraints. Claimant’s lawyer, Meester Liesbeth Zegveld, argues the application of the rule here. The piece includes assessment of sovereign immunity, and the involvement of Article 6 ECHR. Its outcome will also play a role in issues of corporate social responsibility and jurisdiction.
Clearly the moment I have a court opinion I shall post more.
Article 6, Ben Gantz, Benjamin Gantz, Corporate social responsibility, CSR, ECHR, forum necessitatis, Gaza, https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBDHA:2020:559, Israel, Netherlands, universal jurisdiction
- ‘Like Dassonville on steroids’. Bobek AG in Rheinland on personality v territoriality, the nature of EU harmonisation, and its links with (as well as historic roots of) conflict of laws and regulatory competition. 29/07/2020
- Avonwick Holdings. The High Court awkwardly on locus damni, and on ‘more closely connected’ in Rome II. 24/07/2020
- CJEU in Novo Banco: confirms mere presence of a natural person’s core immovable asset (the ‘family home’) does not in itself determine COMI (in insolvency). 22/07/2020
- The Hungarian Supreme Court on conduct in litigation resulting in implied choice of law. 21/07/2020
- Forum non and infringing copyright in the air: The Performing Rights Society v Qatar Airways. 20/07/2020
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