Comments on: Bil’in and Yassin v. Green Park International Ltd. : Quebec Court Acknowledges War Crimes as Potential Basis for Civil Liability, Claim Ultimately Fails on Forum Non Conveniens http://www.thecourt.ca/2009/10/14/bil%e2%80%99in-and-yassin-v-green-park-international-ltd-quebec-court-acknowledges-war-crimes-as-potential-basis-for-civil-liability-claim-ultimately-fails-on-forum-non-conveniens/ The Court is the online resource for data and debate about the Supreme Court of Canada. Thu, 11 Mar 2010 13:11:24 +0000 http://wordpress.org/?v=2.7.1 hourly 1 By: Noel Semple http://www.thecourt.ca/2009/10/14/bil%e2%80%99in-and-yassin-v-green-park-international-ltd-quebec-court-acknowledges-war-crimes-as-potential-basis-for-civil-liability-claim-ultimately-fails-on-forum-non-conveniens/comment-page-1/#comment-159447 Noel Semple Wed, 21 Oct 2009 18:35:40 +0000 http://www.thecourt.ca/?p=2421#comment-159447 A very astute analysis. I agree that the pivotal "question is whether war crimes ... are themselves acts that are 'manifestly inconsistent with public order as understood in international relations.'" However I'm not sure I would answer in the affirmative. Everyone knows that Israel occupies land outside its borders, but no state with the power to stop this cares. If the occupation is indeed a war crime, this suggests that it's nonetheless not actually "inconsistent with public order." A cynic (aka "realist") might even go so far as to say that war crimes, like the rest of public international law, are only taken seriously in international relations when a state can advance its own agenda by doing so. If this is true, then perhaps Cullen J. got the answer to the pivotal question right. A very astute analysis. I agree that the pivotal “question is whether war crimes … are themselves acts that are ‘manifestly inconsistent with public order as understood in international relations.’” However I’m not sure I would answer in the affirmative.

Everyone knows that Israel occupies land outside its borders, but no state with the power to stop this cares. If the occupation is indeed a war crime, this suggests that it’s nonetheless not actually “inconsistent with public order.” A cynic (aka “realist”) might even go so far as to say that war crimes, like the rest of public international law, are only taken seriously in international relations when a state can advance its own agenda by doing so. If this is true, then perhaps Cullen J. got the answer to the pivotal question right.

]]> By: Gul Pacha http://www.thecourt.ca/2009/10/14/bil%e2%80%99in-and-yassin-v-green-park-international-ltd-quebec-court-acknowledges-war-crimes-as-potential-basis-for-civil-liability-claim-ultimately-fails-on-forum-non-conveniens/comment-page-1/#comment-159381 Gul Pacha Tue, 20 Oct 2009 19:37:20 +0000 http://www.thecourt.ca/?p=2421#comment-159381 Great analysis. Please don't forget that you could still think and write similar comments about any judicial decision in the state of Israel. I'm not sure you could do the same under the Palestinian authority or the Hamas in Gaza. Great analysis.

Please don’t forget that you could still think and write similar comments about any judicial decision in the state of Israel.

I’m not sure you could do the same under the Palestinian authority or the Hamas in Gaza.

]]> By: joyce weinman http://www.thecourt.ca/2009/10/14/bil%e2%80%99in-and-yassin-v-green-park-international-ltd-quebec-court-acknowledges-war-crimes-as-potential-basis-for-civil-liability-claim-ultimately-fails-on-forum-non-conveniens/comment-page-1/#comment-158679 joyce weinman Wed, 14 Oct 2009 17:36:05 +0000 http://www.thecourt.ca/?p=2421#comment-158679 James: Very comprehensive and instructive to a lawyer who has no background in international law, you crystallized the errors for me. Perhaps you should send it to Cullen J. James: Very comprehensive and instructive to a lawyer who has no background in international law, you crystallized the errors for me. Perhaps you should send it to Cullen J.

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