Israel Resource Review 22nd May, 2008


Contents:

CAN OLMERT'S SYRIAN INITIATIVE LEAD TO FELONY CHARGES?
DAVID BEDEIN


On May 22nd, 2008, Adv. Yosef Fuchs, a member of the Israel Bar Association and a founder of the Israel Legal Forum, dispatched a strong letter to Israel Attorney General Menachem Mazoz, in which Fuchs demanded that Prime Minister Olmert be investigated for a felony, since Olmert announced negotiations with Syria which would involve land transfer to a nation at war with Israel, without the necessary legally required Israeli government approval to launch any such negotiations.

Fuchs cited the Israeli legal statute from 1978 which forbids any Israeli citizen from discussing transfer of sovereign Israeli territory with any nation at war with Israel.

Fuchs noted that the provisions in this law also forbid any member of the Israeli government from launching negotiations concerning transfer of land to a nation at war with Israel without the express approval of the government of Israel.

Fuchs noted that Israel, unlike totalitarian states, operates with a parliamentary system that has created laws, procedures, checks and balances which oversee the operation of the Israeli government, so as to prevent arbitrary actions of Israeli leaders who may try to act without government sanction.

In that precise context, Adv. Fuchs has asked that Attorney General Mazuz issue an immediate directive to Prime Minister Olmert to cease and desist from any negotiations with Syria until and unless Olmert gains formal government consent.

Reached at his desk for comment, Adv. Fuchs commented that Olmert does not currently have a majority of government cabinet members who would favor any such negotiations with Syria that would involve Israeli land concessions to Syria.

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