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February 24, 2020

How Trump can root out antisemitism at the U.N.

High Commissioner for Human Rights Michelle Bachelet (File photo)
"This month, the Human Rights Council released an anti-Semitic blacklist of companies doing business in Israeli settlements. This blacklist singles out Israel while ignoring more than 100 other zones of disputed territories around the globe, including areas with more far-reaching settlement activities, in many of which foreign companies actively support the settlement enterprise...

Several of the nongovernmental organizations that the Council relied on to compile the list, groups that support the boycott, divestment, and sanctions movement, employ convicted terrorists. They also maintain ties with U.S.-designated terrorist groups, including the Popular Front for the Liberation of Palestine and Hamas...

U.S. federal anti-terrorism statutes outlaw providing material support or services to certain designated terrorist organizations. The Supreme Court in Holder v. Humanitarian Law Project found that "a person of ordinary intelligence would understand the term 'service' to cover advocacy performed in coordination with, or at the direction of, a foreign terrorist organization."

The Office of the High Commissioner on Human Rights should be investigated by U.S. authorities for violating this law. First, building upon the suggestion of Senator Ted Cruz, the United States should withhold funds from the U.N. equivalent to the funding provided to the Human Rights Council and the Office of the High Commissioner for whatever period the blacklist remains in effect. Those funds are set aside and earmarked for entities that can demonstrate a negative effect caused by the blacklist.

Second, because this action is ultra vires - that is, beyond the legal scope and authority of the Human Rights Council - its members are not entitled to hide behind the immunity customarily afforded to the U.N. and its agencies under applicable treaties. As such, they can and should be sued or prosecuted for any damage they cause. At a minimum, the companies on the list should send cease and desist orders threatening to hold the council and its officers responsible for their actions.

Finally, the State Department should impose visa and travel restrictions on the officials responsible for this campaign, including High Commissioner for Human Rights and former Chilean President Michelle Bachelet..."
Date
February 24, 2020
Title
How Trump can root out anti-Semitism at the UN, The Washington Examiner
Author(s)
Mark Goldfeder and Gary Epstein
Original Source
https://www.washingtonexaminer.com/opinion/op-eds/how-trump-can-root-out-anti-semitism-at-the-un
Attachment
Click here to view this article in MS Word/PDF format

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Related Documents

Date Title
2/12/2020 Database of all business enterprises involved in the activities detailed in … the independent international fact-finding mission to investigate the implications of the Israeli settlements…, A/HRC/43/71
2/12/2020 UN rights office issues report on business activities related to settlements in the Occupied Palestinian Territory
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