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Preview November 2010 PEOPLE SPANISH AmbASSAdor to ISrAel MiddLE

November 2010 PEOPLE SPANISH AmbASSAdor to ISrAel MiddLE East digEst egyPt ANd ISrAel: 37 yeArS of wAr ANd PeAce REaLitY Different bank Different banking ≠ Æ U Bank is a banking and investment boutique We invite you to enjoy a level of service and expertise in standards that can Æ only be found with leading foreign bank μ ≤ ≥ ¥ ∏ Please dial ™ www.u-bank.net It’s not the same without U EDITOR EDITOR Dear Friends, EDITOR This 2008 year is now approaching its end. Despite the rapid end of the purely military phase of the Palestinian Conflict, the conflict is still raging, claiming too many lives. We wish the Middle-East an active 2009 year focused on peEadciet oanrd DDdeaeevrae Frlor Fipermniedenns,dt,s w, here hatred dissolves and harmony blooms. TDheiasr 2 F0r0i8e nydeasr, is now approaching its end. Despite the rapid end of the purely To our readers, as always we would like to offer our best wishes for 2009 may your military phase of the Palestinian Conflict, the conflict is still raging, claiming too La*st h Aeaulgthust b eT hoeb vDioipulso m(anatdic n Ceeludb n coe ldebisrcautessdi oitns )1 *3 myeaayr byioruthr dfaaym. ily relations be warm mThainsy 2 l0iv0e8s .y Weaer iws insho wth aep Mpriodadclhei-nEga sitt sa enn adc.t Divee s2p0it0e9 t yheea rra fpoicdu esnedd oonf tpheea cpeu raenldy * may your friends be loyal* may your enemies become * your friends (and those Asdm eIi vllioetolaokrpy bm pacehkna tsit,e w ios hfli ektrhee ea h P1a3at ylreeesadtr i dnoiilsdasn co hClvileodsn, fawlniecd th ,ha tvaherem b ceooennny fo lbivcleotr o itsmh sest .silalm raeg stinagg,e sc:l adiimffiicnuglt tieoso who don't, get lost) * may your spam be filtered * may your Emails be answered * ofm bairntyh laivneds .p aWinef uwl iesxhc hthaneg Mes iodfd tlee-eEtha,s tb raonk eanc tvivoeic 2e0, b0a9r ymeiatrz vfaohc u–s eJedw oisnh ptreaadciet iaonnd, may your papers get published * may your wisdom deserve the approval of Confucius, 10 Karlibah St., Tel−Aviv whTdeeonv o eaul orcp hrmeiladed nbeter,sc w,o amhse ear leaw hmaayatsnr we. dWe dwei osbsueolgdlav neli ska eas n tindod hoeafpfreemnr dooenunyrt b boelrosgota mwniiszs.ahteios nf oarn 2d0 w0e9 hmaavye ysuocu-r P.O.Box 20344, Tel Aviv 61200, Israel ce*ae ndhdeed ay loitnhu srba fevoi nollgby votihuoreu ispn r(daaenipsdee nnodefe eEndcr anes.o mM duoissr ce*u tmshsaaionyn ty)ho *au tmr w paeoy hwyaoevrue r gst efarto msnhiglaylry er kdeel,a pyttoi otuhnres w pbeoeal ilwcthya robmfe ob*Tfjr eomec eota ifuyvr reoy rmoienua fgrdo rrefemrreiseda, ntaaindos dsna .lby wEoeax ulyarosc yp twaolylev* eh wmreotrayeuy ,fl driyno ol miuIksr ere aentenovle ,yo m a*ftf i meetrhsa eoyb ucwerrc eobo scemsosintem g w*m oiysufoh nauelilrsc arffetorelirie g f2niro0udn0ists 9f(,u a wmnllaydas y a tb chyorooorusnsers 708 Third Avenue, 4th Floor thw*ce u hhidleotea udalt rohteon b 'ta*e,p gposelbsytvo tli ooo stupthse) ao(*atp mn ledoa, uynt hrey aeothdu t ornh rsoeip zmdaoimasnicn sbu tseasw sfioikildn toee)f rn* ed admipn *aldo ym m yraaoeytu asyr si osfou apnmrr oEirlvmyei dpraielinllasgac tbleiioens nk assvn bbisoweelt ewewrneaeercdmne * . New York, NY 10017, U.S.A com*u mnaytar yiyeo syu oarn updra ppfreeiroespn gldeesst . b pOeup bleolinysh amel*di nm *d m aayna dyy o"yutoorug ree nwtheisemdrioinemgs " bd -ee tcsheoirsmv iese tt*hh eey opauphrpil roforsivoeapnlh doyfs o (Cfa nothndef tuDhcoiiupss-e, 10 Karlibah St., Tel−Aviv The Diplomatic Club Magazine is Israel's fast growing media magazine and media P.O.Box 20344, Tel Aviv 61200, Israel loawmpnlhaadtot ify cdoo Corumnlru' t.fb ,oA glWlsey t ee t lvhaoeresen tp )tv rse*a rimiyns e hat yaoh pfye po EyMur trahi sdsampdta uloemsu Er* b cameos tanf iyccl teoyeponrtuet bdirne p*cu ooemwm taeeoyrs hygaooe vutled rsr hyEc aepmrnoeatpdieul,rs ly a bsort.eua rag new seawaneldtrh et dbh ee* C10lu Kb aDrliipblaohm Satt.i,q Tueel −dAe vGiveneva Nfmworweoae yrw l fydero’os uc marat np tg earspneaeyteir dotsah ngna,e dttt h wypeoue u bMhrli aapsvhgoeaev zdstei rnu*t demy i pefardryoo ymavo il duoeretn ,swv ayfinus *ddr tom hhmaeay vrd ewae ndseedo rc nvaoeedm datmh ilteoiu otan npaicapnalrd tor eewv aafelrl- uotdiifetm fi fCuenlo ilEtyne nfaluygcc lraiiosurhsess -, P7P.0.OO8. .BBToohxixr d22 20A38v4, e4Gn, euTneee, lv4 Aat,hv S iFvw lo6ito1z2re0rl0a,n Idsrael adcaluanulntdlg te uyunoarogueuer g cfh*oo nlvsloeystr o tath ogete r h epapanraetd ia stsoe up upoarpfst lE ehmmroaistresminaztkuoses,n s w.*s Si mtiwnhac iyaed c y1ceo9un9ura8ran tptedho ei wn rD-eedriaep gspleoottmhn s,a httroaiecrp epC-dnlla,ou cybtcoe mhus raq nvwuaiaeoglaeiltlemtynh ea cnbneted . free from greedand your poverty from envy * may we communicate fruitfully across New York, NY 10017, U.S.A haqsu baenetnit yw tohraknin agn oyn o trheceeri vIsinrage cl-rbeadsiet df omr etdhiea .diplomatic community. I am happy to Tcuhlet uDriep lo*m sastoic Cthluabt Moaugra zhinoer iisz oIsnrase lw's ifdasetn garnodw inrge amsoedni a rmepaglaazciense avnido lmenedceia. 708 Third Avenue, 4th Floor inform you that on April 2010 an agreement were signed between the Diplomatic Club platform. As events in the Middle East continue to hold center stage and the PNuebwli sYhoerrk, NY 10017, UT.Sh.eA Diplomatic Club ltd anTdh Aem Deirpilcoamn aEtxicp Crelsusb C Momagpaazninye r reegqaurdesintsg tthhee p clereadsuitr ef otro tphueb Dlisihp loopminaitoicn sC, domiscmususnioitnys Club Diplomatique de Geneva wTohrel dD’si paltotemnattioicn C, tlhueb MMaaggaazziinnee pisr oIsvriadeels's f fuarstth gerro awnidn ga dmdeitdioian mal argeaazl-itniem aen Ed nmgleidshia- P.O.Box 228, Geneva, Switzerland anlpadanln aidsgt sfuauoarirtgnmiegc l.cDe oAsi vpwsel orreaimvtgteaeent niatc nsb Cdyin r sAe utdmphitpeb Cl aeMasmsriadeddsnd:ot lsrGe,s .owE Wlidats heCt aaocrcroecpn uolotrriaaonttkueei enain ngt-d odf o Gehrpoowtllhaddr, idtcno edtpnoiv- tndiedoeruv tascelthl awo gqpietu ht aha lanii tsmdy i idatnenhia-de. CGleunbe Drailp Mloamnaatgieqrue de GJeunlieav aVerdel mum credit of 25000 NIS each. P.O.Box 228, Geneva, Switzerland qwTuoharenld tD’ist yai pttthleoannmt iaoannty,i ctoh tCeh elMur abIgs raaazneindl-eb m apsryeosdve imdlfee swd fiauis.rhth yero aun adl al dad istuiocncael srseaful-tli mNee wEn Ygleisahr-. Colannsgeuqaugeen tcloy vweera agree aunndd esrugpopinlegm inetnrtics,a twei tnhe gaoctciuatriaotne si nw-idthep tthhe, Itsorpa-enlio btacnhk qsu caolnitcye arnn-d PWubriltisehresr TBharer yD Ripulobminatic Club ltd inTqg uhtahen eDt ipitpryil votihmleaagnte iasc n fCyo lrou both pMeerna iIgnsagrza iaennle-d br eakqseeuedep simtnsge t dhaieca c.polueanstus rfeo tro t phueb Dlisihp loopminatiYoicon usC,r ods missicmnucusesnirioetnyly.s , Anthony J. Dennis Craenddi ta cratircdlse as rwe rsiptotennso brye dA bmy bcoasmsamdeorrcsi.a Wl ene taerrep rliosoesk ifnogr ofobrvwioaursd r etoas doenvs e–l omJpue ltmihab iVse eridsr deoaef .l GPuebnleisrhael rManager JTPuahlitear iDVcieiapr ldeo emHlaetmicr iCcoluubr tl,t dIsrael a cTluhbe fDoripmlo am reaatidci lCy liudbe nMtiafigaabzlien me raerqkuete sftosr tthhee iprl eparsoudruec ttos apnudb lsieshrv oicpeiGsn.i eFononersr ,C adlli usMcbu amsnseaiomgne-sr Ira Moskowitz, Israel beTarnsh,d te ha rDet ciicaplredlso iwms araint ttaieccnc eCbpylt uaAbbmle a bfnoarsdms am doofy risdse.e Wlnft iewt yai rwsehh li ocyohok muin aagkl eflos arit w seaAuarscndycd tte oots hrdseeefc vuEeeildvl oiNetp ode ritwsihacilo s YTu ienedaatesmra,. . GWernieterrasl Manager JBBuaelirrarn yVa reRdru dbMeinlarks, Israel beGneelfiuktsk iagne dnu swpee jcaiaarlly targeted offers. Hence mostB aliiraliinn neus,a tfhe emahtaeirsse dahnudiY tporuestrsi gsiionucse rdeel-y, ACnhtrhisotnoyp hJ.e Dr eBnanrdiser, UK paTGrtehmzueea nrD tV istiptionlro ee mRs ifaatciilcit aCtelu sibm ailnard C mluyb sseerlfv iwceiss thh aFyteo lticuhee aa nDlnlio p anl ousomuvaoctcice sCslufub lm NJaunelaiwag eV Ymeeredanert. l Writers PBIlaaatrnrr iByc eiRar umeb aHinne, mUrSiAcourt, Israel has organized. We have a privilege to introduce the second edition oGf eYtnhoeeur raRsl e sMstinaacunerarageneltyr , Kul 'am wa antum bikhair Akimashite Omedetto Gozaimasu IArna tMhoonsyk oJ.w Ditezn, nIsirsael guyed of 2010.Hope; this information will be very useful for yoAu.nd the EditJuolriiaa lV Teeradmel Reporter BPNaeetrrinli caSiraadn edM lHearrekms,r iIcsorauerlt, Israel Sheta Brikhta Saehae Bock Mani ba dGeue sneie yroa!l Manager Gelukkige nuwe jaar Bliain nua fe mhaise dhuit CIKrahse rMnisiotaos Skpvoheewtrli otBzv,a rIsdreare, lUK Shuvo Nabo Barsho NEWROZ PIAROnZd BtEhSei nEcdeirteolryia Yl oTuerasm, Gezuar Vitin e Ri Felice anno nuovo IBlaenr nBaerrdm Maanr, kUs,S AIsrael GBleolauvkkezighe M nuawte jaar BLlaiiaming on uJaa ufne om Ghaaidsue !dhuit Julia Verdel Advertising CTinheforl:i @s9t7od2pip−hl3eo−rm 5Ba6ac2ry.d−2ec0rl.u,6 bU1./cK2om KG"Cuezhl ue'asatmri tV aw iNtai noav nea tRu Gmio dbiiknhaa"ir AFLeakliiicmme iaansnghnuito Ne n Oauuomjvueodjuet MtoG eGetuonzearimala sMuanager Reporter NIlaeni l BSearnmdlaenr, USA SKFhEuelLt 'aIa BmAr NwikYah t aNanOtuUm bikhair SASarkeeikhmjanaeTa sBh hNoitecoek v DO Mam iGapenodlidoe btimntaoa adGetuoiz csae Cii myloau!sbu - Israel Ksenia Svetlov SXhiunv No iNana bKou Baai rLsheo NTrEaWtryR nOy Zta PonIaROZBE RLeapyoorutter NEgeoilr SKauntdilkeorv BShloeatav eBzrhi kMThtaeatl Aviv National Sport Center anLSdaa Teihmhageeo B DJoacuikpn Molo Gamnaida buta!i dce Cu sleui byo ! 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At the Tel Aviv National GSpoodtr tN Cytetnter MELKAM ADDIS AMET YIHUNELIWO! Feliz Ano Novo Accounting RToandyead LReisncehgionlsdky SPatacset en yS aNluotvey rok 2 Shitrit St., Tel AMIsv-aiSvseangaa tn-a Tnagj Bbaayung Banua Onnellista Uutta Vuotta AN NOU FERICIT Sretna Nova godina! Godt Nytt Godt Nyt Maligayang Bagong Taon LAecgcaol uSnutpinpgort MRoadtie Sdi mRcinheogvoitldz Law Office SBtoansntney A Nnonveey rok The outlined program isMS Naasso av gfiaomnlla oGnwgo dsBo:amyung Banua GELUKKIG NIEUWJAAR! Szczesliwego Nowego Roku Bo Nadal e Feliz Aninovo Sretna nova godina Godt Nyt Maligayang Bagong Taon Legal Support Mati Simchovitz Law Office 8.0MP0rEo-sL8it.K 3N0Ae uMja CAhroDffDeIeS AreMceEpTti YonIHUNELIWO! FSeulbizh aA Anolu Ntho vAowrudhak Vewa GELUKKIG NIEUWJAAR! Szczesliwego Nowego Roku 8.3O0n nellista UOutptae Vnuinotgt aceremony Mayor of Tel Aviv A/SNp oNrOt Ude FpEaRrtIaCmIeTnt GILOTSAVT AKHAL TSELS! Stastny Novy rok 9.M00E LKAM CAoDmDmISe AncMemETe nYtI H oUf N TEeLnInWisO T!ournamFeenlitz Ano Novo Bonne Annee S Novim Godom Kenourios Chronos sre novo leto Onnellista Uwuthtaic Vhu o wttiall continue through the daAyN NOU FERICIT Bo Nadal e Feliz Aninovo Sretna nova godina 14BL.0o'Sn0hn ae nAnnanhe TeCovoanhtinuation of the Tournament SF eNliozv Aimno G ~Noduoemvo Prosit Neujahr Subha Aluth Awrudhak Vewa Naye Varsha Ki Shubhkamanyen GOTT NYTT ! /Gott nytt Bo Nadal e Feliz Aninovo Sretna nova godina G(CIaLnOtoTnSesAe)V STuT nA LhKeeHe nMA FLaaii TnLSo PEkLriSz!e for the TournamSStaeawnstantd yCe Neh Poaveemy M rpoakiions is: Prosit Neujahr Subha Aluth Awrudhak Vewa Kenourios ChronoWs EEKEND IN THE MIZPEsr He nAovYo AletMo IM SPA Boldog Ooy Ayvet Yeni Yiliniz Kutlu Olsun The Diplomatic club Magazine GILOTS AVT AKH AL TSEL S! Stastny Novy rok L'Shannah Tovah Feliz Ano ~Nuevo Printed monthly KSeelnaomuarito Ts aChhurno *nBSoapsrounsored T-shirts will be given tsSorhe cnaholalv s tool ylnevt oothhoe N eonvtorhaon cReo ku Naye Varsha Ki Shubhkamanyen GOTT NYTT ! /Gott nytt Sal -e- no mobarak Yangi Yil Bilan L'Shannah Tovah Feliz Ano ~Nuevo Tel: 972−3−562.20.61/2 W(SCaaenn a thho onJaepsdeei) d tSahuhant L tehene F aaib Loovke condition meet you S wawelal daene dP e el oMoaki forward to you to Naye Varsha Ki Shubhkamanyen GOTT NYTT ! /Gott nytt Fax: 972−3−562.02.12 reBwporldeosgew nOtoiyn Agw y vyoetur. cdounitryp inl thoe emvent. aThisc isY neynoin Y − iplirnocizf eKsulstioluun Oall sTbunour.nacmenot. Tmhe The Diplomatic club Magazine (Cantonese) Sun Leen Fai Lok Sawadee Pee Mai iPnrfion@tedd ipmloomntahclyy−club.com STeloaumrant aTmaheunnt B wairlul be open for everybody, who iSs hinchtaesrtelystveohdo i Nn ojvooinhion Rgo ukus and likes wThwew D.diipplloommaatcicy −cclulubb M.coagmazine SBaoll d-eo-g n Oo omy oAbyavraekt tennis. YYeannigT Yi HYilEiiln DBizi IlKPaLnuOtlMu AOTlIsCu nClub Magazine 3 Printed monthly Selamat Tahun BarPulease, be so kind to give us a flSahgc hoafs ytloyvuorh coo Nuonvtorhy.o Roku Tel: 972−3−562.20.61/2 Sanah Jadidah Sal -e- no mobarak Yangi Yil Bilan Fax: 972−3−562.02.12 w w w . d i p l o m a c y − c l u b . c o m Please fill out the enclosed form to advise us of participation in the tournaments. Tel: 972−3−562.20.61/2 Sanah Jadidah info@diplomacy−club.com A prompt response will be appreciated, to help us through the organizing process. wFawx:w 9.d7i2p−lo3m−5ac6y2−.0c2lu.1b2.com w w w . d i p l o m a c yTH−E DcIPLlOMuATICb Cl.ubc Maogazimne 3 info@diplomacy−club.com Participation fees: single - $30, couple - $55 www.diplomacy−club.com THE DIPLOMATIC Club Magazine 3 Interview of the next issue:Poland's Ambassador to Israel The Diplomatic Club Magazine 3 People sPaiN aMbassadOR to ISrAel Along with the European Union, Spain be- lieves that it has a clear interest in stabilis- ing the Near East. Our current efforts are focused on the resumption of direct nego- tiations aimed at achieving the two-state solution. Without prejudice to the worthy ef- forts of other players, Spain can provide an added value to peace efforts in the region. We provide a security component (1,200 troops in UNIFIL), as well as an extensive social, economic and technical assistance to the Palestinian people. In the field of diplomatic engagement, Spain has fostered schemes of cooperation between the players around the Mediterranean. Madrid hosted the peace con- ference of 1991, where the peace process be- gan. Eminent personalities like Javier Solana and especially Miguel Angel Moratinos have devoted years of efforts to help bring peace to the Near East. These are important assets that sustain Spain’s role. 3. Both countries are full members of the Union for the Mediterranean. How- ever, Spain has a special place in this Un- ion, your comments. We believe that the Union for the Mediterra- nean is a valuable tool that can help all partici- pating countries to engage together in pursuit of our many shared interests, including the achievement of peace in the region. The Euro Mediterranean process was launched in 1995 in Barcelona, the city that hosts the UfM Sec- retariat. We successfully supported the Israeli candidacy to hold a position as Deputy Secre- tary General of the Union. 1. Israel and Spain have maintained dip- Much has been done, in any case, to develop lomatic ties since 1986, next year it will our friendly relations since 1986. The Span- 4. The Barcelona Process comprises be 25 years, your comments. ish Prime Minister paid an important visit to three "baskets": Israel one year ago. All along next year, it is Next year we will commemorate the 25th an- Economic - to work for shared prosper- niversary of the establishment of diplomatic our mutual intention to proclaim and enhance ity in the Mediterranean, including the relations between Spain and Israel. At face the close bonds that join our governments Association Agreements on the bilat- value, this period seems short. But we must and peoples as the best way to celebrate our eral level not forget the many centuries in which the 25 years of official relations. We hope that our Political - promotion of political values, Spanish and the Jewish people had close rela- efforts will be crowned by mutual visits at the good governance and democracy tions. Spanish identity cannot be understood higher level. We will also promote exhibitions without taking account of the Jewish ingredi- and conferences. The public should know Cultural - cultural exchange and ent. We take pride in the special effort taken how sophisticated our relations have become strengthening civil society in the last years in Spain to fully honour the and how ambitiously we intend to project Role of Spain in providing this with Is- great names of the Golden Era of Judaism in them towards the future. rael Sepharad and to restore and spread awareness of the important spiritual and monumental 2. Spain is well known as a broker in the Spain believes that Israeli cooperation with Jewish heritage in Spain. Middle East, your comments. other, notably Arab, participants in the Medi- 4 The Diplomatic Club Magazine Rubrika terranean process is highly desirable. All the areas mentioned in the question are pertinent. Spain has mediated between Israel and some of these partners in order to ensure the success of these multilateral efforts. In the context of the future work of the Union for the Medi- terranean, Spain is actively pursuing partnerships with Israel and other members (like Israel’s neighbours) to carry out projects of common in- terest in areas of shared needs, such as renewable energy or use of water, among others. 5. Economic relations (figures): export, import, tourism and potential 2007 2008 2009 Spanish exports to Israel (M€) 619 774 610 Spanish imports from Israel 905 846 702 (M€) Israel is an important economic partner for Spain. Our exchanges cover popular here. a wide range of sectors. Although the world economic crisis has slowed The Israeli public is quite knowledgeable of down the growth of bilateral trade, in 2010 the first signs of a recovery Spain’s History and cultural production. Span- have begun to appear. Tourism is blossoming in both directions. Invest- ish artistic productions are well received in Is- ment projects, especially in technological sectors, are on the rise. rael. Many Israelis have proven their devotion to the promotion of cultural relations. Singers like David Broza, Yasmin Levy and Achinoam Nini. Flamenco is passionately followed in Israel, where dance academies like Silvia Du- rán’s flourish. The fine arts, gastronomy, and sports (Spanish soccer draws vast public sup- port) complete the rosy picture. 7. Is it difficult to be an ambassador of Spain to Israel? Private details. There is never a dull moment being a diplo- mat in Israel. We constantly face challenging situations, but these help to bring out our true “grit”. Not forgetting the pleasure of assisting bilateral cooperation in many fields, peace making diplomacy is arguably the noblest of the branches of Foreign Relations. From the private perspective, since the very first day of my arrival in Israel with my fam- ily, we have felt at home in this country which shares a Mediterranean life style with Spain. Israelis are really easy to befriend, which fa- vours an enriching life full of interesting ex- changes. 6. Cultural relations The Spanish Minister of Culture visited Is- rael in 2010 to strengthen ties and sign agree- ments. Casa Sefarad-Israel, supported by the Span- ish Ministry of Foreign Affairs, the Region of Madrid and the City of Madrid, plays an outstanding role to maintain the presence of both cultures in Spain and Israel. In Tel Aviv, the Cervantes Institute, located near Dizen- goff Square, is a key centre for the promotion of the Spanish language and culture. Only to mention the last few months, two exhibitions -‘Spanish Diplomats during the Holocaust’ and the photographies of Ouka Leele- as well as several music and dance spectacles (e.g., Madrid Dance at the Suzanne Dellal Center) have been a real success among the Israeli public. Spanish films are also quite The Diplomatic Club Magazine 5 People n 2008 the Knesset, after long deliberations, passed a law regu- Ilating the immunity of foreign states (Sovereign Immunity). It expressly refrained from addressing the touchy subject of diplo- matic and consular immunity - Section 21: “This law does not derogate from diplomatic or consular immunity or other immunity prevailing in Israel under any other enactment or custom”. There were good reasons why the Knesset did not touch this touchy subject; they are regulated by the Vienna Convention of 1963 and 1964 to which Israel is a party by way of ratification. None of them, however, have been made part of the municipal Israeli law by codification. There is no dispute that these conventions reflect and have become part of the customary pub- lic international law which has on countless occasions been declared to form part of the Israeli legal system unless being in contradiction to other Israeli legislation. The Law had been needed for a long time, and the need had been epit- omized since the decision of the Israeli Supreme Court in the matter of Her Majesty The Queen in Right of Canada v. Sheldon Edelson et.al. in which the President of the Supreme Court (as he then was) Mr. Justice Barak, said: “Before concluding I want to draw the attention of the Minister of Justice to the necessity of enacting a law relating to the immunity of the state. So did England, the United States Australia and Canada. In all those countries, and in others, the customary international law pre- vailed, and was replaced by a codified enactment. The question of im- munity raises difficult problems which should be regulated by law.” In his recommendation, Justice Barak mentioned the subject of diplo- matic immunity which, in his view, should also be subject to legislation. However, the Ministry of Justice and the Knesset feared to enter the minefield of diplomatic immunity and contended themselves by ad- sOvEREigNtY ANd dIPlomAtIc ImmuNIty IN ISrAel Peter gad Naschitz dressing the subject of sovereign immunity (which is not subject of any setting out the reasons why he thought that the transaction being of a international convention). commercial nature, did not accord to the Ambassador any immunity. It should be mentioned that the lease contract was not between the The Edelson case, mentioned above, dealt with the residence of the landlord and the Ambassador or his Embassy, but between the landlord Canadian Ambassador in Israel which was rented to him for 5 years and the sovereign, Her Majesty The Queen in Right of Canada and with an option to prolong for a second period of 5 years. However, the the landlord. Thus, the legal battleground was the terrain of sovereign, exercise of this option was subject to the agreement of a bank which not diplomatic immunity. The Court analyzed at length the origin and held the mortgage over the house. In the interim this mortgage was extent of both facets of jurisdictional immunity, both emanating from purchased by Mr. Edelson, whose ultimate goal was to enforce the the executive power of the sovereign, but concluded that, which state mortgage and purchase the property. Now, the Canadian Ambassador (or sovereign) immunity was the creation of public international law, gave notice by the landlord about his intention to extend the lease, but diplomatic immunity was regulated by the Vienna Convention and the bank, the original holder of the mortgage, notified him (obviously was not to be the subject of the dispute at hand. The court went on at the wish of Mr. Edelson) that it objected to the extension of the the trace the historical development of the concept of the immunity, lease. The Ambassador went on the occupy the house, basing himself noting that with the advent of increasing intervention of states into as the notification of the extension of the lease. The landlord went commercial activities, particularly in the sphere of shipping, the justi- on to issue a summons and filed an eviction action. The Ambassador fication of immunity dwindled with the time. Thus, the (third) appeal wrote to the Court maintaining that he had immunity and did not con- to the Supreme Court was to no avail, and the Ambassador, ultimately, sider himself subject to the jurisdiction of the court. The judge, how- had to pack his belongings and move to other premises. ever, was not impressed, and proceeded to write a detailed decision, 6 The Diplomatic Club Magazine As a sideline it can be mentioned that Mr. the appellants, that the accepted exceptions District Court that the basis of the claim Edelson, who was behind the scenes of the to the rule of immunity should apply in this against the U.S. was founded on the allegation whole odyssey, did not manage to buy the case. These exceptions are the war-like opera- of negligence, which is a recognized exception house because another contender outbid tion and the discretionary rule. The basis of to the application of immunity. him. these contentions was that the Saratoga was The judgment of the Supreme Court was moored at Haifa in expectation of its possible In the long and erudite decision of the Su- given after the entry into force of the new involvement in the Iraq war, and the fact that preme Court, Justice Barak embarked upon Immunity Law (on 16 November 2008). Of the rental of the Altuvia and mode of board- a protracted voyage through English, Ameri- course, the events which formed the basis of ing of the seamen on its board were a matter can, Canadian, German and Greek jurispru- the litigation occurred 18 years before that of discretion of the naval authorities. The Su- dence, all of which led to the demise of the date; however, the Law is applicable also to preme Court repeated the rule that sovereign theory of absolute immunity in favor of the proceedings, which were commenced before immunity did not exist in respect of an activ- comparative doctrine, underlining the differ- the date of its operation, provided that they ity which could be carried out by any private ence between the executive and commercial had been pending before the court on that person (such as the hiring of a boat) and that immunity. date. As this was the case, the Law could not the correct yardstick was – not the specific be applied. Nevertheless, Justice Amit re- However, before the publication of the judg- purpose of the operation, but the general na- ferred extensively to the Law and analyzed its ment of Canada, and the events which led ture of the matter. Thus, the Court availed provisions and applications holding that they thereto, a tragic event occurred: on 21 De- itself of the example that a contract for the complied with the decisions as well. cember, 1990, a civilian ferry, which was char- purchase of shoes for the army would not tered by the U.S. Navy, to transport members benefit from immunity. This is the place to remember a dictum of Jus- of the crew of the aircraft carrier U.S.S. Sara- tice Barak in the Canada case, that as far as The decision of the Supreme Court, which was toga, from the ship to shore and from shore to he was concerned he would decide that the en- published on 3 August, 2010 had been awaited the ship, sank in Haifa Bay. tire doctrine of immunity should not be a part for a long time by the academic, legal and dip- of the law in Israel with very few exceptions. on board were 101 American seamen, who lomatic community, and it vindicated in full This opinion, however, was not accepted by spent a shore vacation, en route to their ship. the arguments of the claimants (respondents the Knesset. As aforementioned, there is no They were in civilian clothes and partly under in the appeal). The grounds propounded by codified law in Israel relating to diplomatic im- the influence of alcohol. Their shore furlough Justice Itzhak Amit and supported by Justices munity; there are however several judicial de- was not subject to any restrictions (except be- Naor and Hayut, based themselves mainly on cisions upholding the rights of Ambassadors, ing forbidden to visit the West Bank and Gaza) the “Negligence Exception”, but also support- consuls and diplomats to benefit from diplo- and no standing orders of the Navy applied to ed the application of the commercial transac- matic and consular immunity. them. The sea was rough and the boat, the tion doctrine. The Court agreed under the Altuvia, was unsafe in certain respects. The boat sank, with loss of 21 seamen. Some of the next of kin of the seamen sued the skip- Curriculum Vitae per and owners of the Altuvia, who eventu- TALYA LADOR-FRESHER ally settled the claims and pursued the Israeli Chief of State Protocol Ministry of Transport and the U.S. Navy, by way of a third party motion to reimburse them for the amount paid or a part of it, due Professional Career to negligence in performing their regulatory November 2010 Chief of State Protocol and Head of the duties and control and supervision of the ves- Protocol and Official Guests Bureau, sel, respectively, in permitting it to sail in an Ministry of Foreign Affairs unsafe condition and inclement weather. The 2006 – 2010 Minister Plenipotentiary Embassy of Israeli Ministry of Transport settled the claim Israel, London with the owners of the Altuvia, but the U.S. 2003 – 2006 Director, European Department of the Navy alleged that it enjoyed state immunity Economics Affairs Division, Ministry and could not be sued before an Israeli Court. of Foreign Affairs After a protracted hearing, the District Court of Haifa issued a decision, 15 years after the 2000 – 2003 Advisor to the President on World Jewish Affairs, Office of the President occurrence, upholding the arguments of the of the State of Israel Altuvia and rejecting the defence of immunity 1997 – 2000 Deputy Director, World Jewish Affairs Department, Ministry of Foreign by the U.S. The court particularly mentioned Affairs that the U.S. themselves defined the operation 1993 – 1997 Consul for Information Consulate General of Israel in New York of being of a civilian nature, by addressing the lease contract of the boat as being a “com- mercial liberty boat”, “commercial passenger 1991 – 1993 Second Secretary Embassy of Israel in Kingston, Jamaica ferry” and “water taxi”, and by permitting the 1989 – 1991 Diplomatic Cadet, Ministry of Foreign Affairs members of the crew to conduct themselves Education outside of American Navy regulations and 1984 – 1987 B.A. degree in Business Administration and Political Science, Hebrew discipline. It further mentioned that the de- University, Jerusalem scending from the “Saratoga” was optional for the 6000 seamen on board and was not a part Languages of their military duties. Hebrew, English, German The Supreme Court dismissed the appeal of Personal the United States and confirmed in full all the Year of Birth: 1962 reasons of the District Court, basing itself Military Service: Intelligence, 1981-1983 also an the judgment in the matter of Canada. Married, two children The Court also rejected the arguments of The Diplomatic Club Magazine 7 Middle East Digest egyPt ANd ISrAel: 37 YEaRs Of waR aNd PEacE "Today we would like to commemo- rate the generation of October, the heroic soldiers, the innocent vic- tims, and of course president Sa- dat, who refused to accept the de- feat of 1967. Brothers and sisters, those who experienced war, more over believe in peace. I have seen wars, with all their hardships, and I have seen peace process, with its ups and downs. We are reaching for just and lasting peace that will end occupation of Arab and Pales- tinian lands and will return rights to their owners" – from president Hosni Mubarak televised address on 06.10.2010 The occasion was 6-th of October, a day of pride and joy for every Egyptian, a day celebrated by Egyptians as Victory day in 1973 war, a day when all the Egyptian TV channels broadcast black and white chronicles of Egyptian forces crossing the Suez Canal, yet the president has chosen the anniversary of war to talk peace. President Mubarak who 37 years ago led the Egyptian Air Force as Commander in Chief, reminded the Egyptians and everybody else who was listening, that Egypt strongly supports current nego- tiations efforts between Israel and Palestinians and will put every possible effort into peacemaking in the region . Were Mubarak’s words falling on deaf ears? Although the Camp David agreement with Israel and Sadat’s historic visit to Jerusalem were unquestionably among the most obvious outcomes of that war, the majority of Egyptians prefer to dwell on sweet memories of military success rather than be reminded of the peace deal that many consider being humiliating and embarrassing. The anniversary of Camp David accords signed 5 years after the war, on 17.09.1978 went by large unnoticed by the mainstream press. It's no secret that today peace agreement with Israel still stirs heated discussions and controversy in the Egyptian society which is highly critical of normalizing relations with the Jewish state and consequently of the regime that refuses to cut ties with Israel no matter what. As governmental newspapers were praising the war and it outcomes, members of opposition, both secular and Islamic, had concentrated on less attractive side of October war aftermath. Muhammad Al-Baradei, ex-head of IAEA, rumoured to partici- pate in 2011 presidential elections race, believes that the oppor- tunities that were presented to Egypt after October war never 8 The Diplomatic Club Magazine egyPt ANd ISrAel: by Ksenia Svetlova existing peace between Israel and Egypt, its advantages weight a thousand times more then disadvantages. “Just think about all 37 YEaRs Of those victims, military and civilian that the war could of taken, think about the resourc- es. The war was devastating for Egypt, but if the Attrition war would continue, Israel waR aNd PEacE would be ruined as well. So although the circumstances could be different and more convenient, we have to stick to this peace and the Egyptian government is doing its best to achieve just and lasting peace in the region” the source said. materialized. "Unfortunately neither in field elites. Now it’s important to remember that At the same time, when some Egyptians of peace making nor in economic did we en- they comprise not more than 10% of the relished on black and white photos and joyed the long desired progress and stability" whole population and they are the only ones images from the past and others discussed wrote Baradei on his website on 6 of Octo- that can genuinely say that the war had ben- economic and political perspectives in ber. The comments of Baradei's popular Fa- efited with them, since Egypt went through post-war reality of Israel and Egypt, on the cebook page confirmed that his numerous economic liberalization process and joined other side of the Canal the ghosts of war supporters identify with his words, and even global economy. The masses, however, are were also coming back to life. Although the more so do not believe that peace with Israel impoverished and disappointed with all the official Israeli narrative claims that Israel is possible in short term, since more wars promises of better tomorrow. If the achieve- wasn’t defeated in 1973 war, 6 of October in the region will follow suit. “The Egyptians ments of the war were so tremendous, how is hardly a day of Victory and celebrations. give a new meaning for peace with Israel come the life after the war is becoming more It’s rather a day of commemoration, when and peace in general almost every year” says difficult day by day, they ask”, professor families visit the graves of their loved ones, professor Yoram Meital the Chairman of Meital says. This year a blockbuster “Wlad and the ex-soldiers look back at the battle the Chaim Herzog Center for Middle. East al-Aam” (Cousins) have demonstrated how scenes, and feel pain in their scars all over Studies and Diplomacy. “There were years shocked must an Egyptian feel if he or she again. This year the recollections of the when Mubarak was in particular stressed the will end up in Tel Aviv, and a few years ago war became that much more intense due military aspect of the war, reminding of great “Sefara fi Emara” comedy (Embassy in the to the release of declassified documents military achievements and the breakthrough building) starring Adel Imam revealed a pop- and protocols of the war. The exposure ular anti-Israeli sentiment on the streets of of hard disagreements between the politi- after 1967 defeat. However, during the early Cairo. So what kind of peace was Egypt’s 83 cal leadership and the military, desperate years of Oslo the vision changed, and the war years old president speaking on the day that battles, squabbling and uncertainty of the was described as the gateway for peace”, says commemorated the October war? Professor forthcoming opened up the old wounds. It Meital. Meital is convinced that the term peace can clearly showed that 1973 war was a power- Inevitably, different Egyptians attribute dif- be understood in broader Middle Eastern ful blow to the Israeli society, that is not ferent meaning to such complex and charged context. “Nowadays the region is comprised forgotten or forgiven despite the 37 years terms “war” and “peace”. As French poet and of two camps. The first camp is the peace of peace that came since. critic Paul Valery once put it: “War is a mas- camp, if you will. It includes Egypt, Jordan, In each war people die and hostages are tak- sacre of people who don`t know each other Saudi Arabia, some North African states and en, but the aftermath is always different. Will for the profit of people who know each other Palestinian Authority. The other camp is the a war be a gateway for peace or for a new but don`t massacre each other”. radical camp – Iran, Syria, Hizbullah, HA- war? Will the winner be generous towards MAS etc. The first camp defines itself as a Paradoxically, many Egyptians who fought the defeated? The October war is especially peace camp, and labels the others as the war Israel both in 1967 and 1973 (and a few who unique in that sense, since both parties con- camp, stressing that they know war, hence participated in 1948 war), have tasted the bit- sider themselves the winners, and both ad- they seek peace. The latter naturally argue terness of defeat and disappointment , were mit that they also experienced the defeat. that they are the sane ones, while the first deprived of food and adequate equipment Both countries seek peace, but put different camp is a camp of defeat. There is very sig- due to mishaps of the leadership and eventu- meanings into the word. For the meanwhile nificant tension between the two, and if find ally had to witness the change of heart of the Egypt and Israel will continue this awkward ways in political language first of all”. regime who now befriended the Israelis, hold dance around each other, committed to the strong anti- normalization attitudes. “Those The diplomatic sources in Cairo also told uneasy status quo. The question is how long who profited the most from the war were the the DC that despite the criticism of the could this status quo last? The Diplomatic Club Magazine 9 susaN g. KOMEN fOR thE cuRE® ORgaNizatiON LauNchEs its activitiEs iN isRaEL iN PaRtNERshiP with iNtERNatiONaL hadassah wOMEN’s ORgaNizatiON The "Victory of Life"-Israel Race for the Cure to be held on Octo- among women. In Israel alone breast cancer constitutes nearly 30 percent of all cancer ber 28th 2010 in Jerusalem was the highlight point of the organi- cases and is the number one reason for death zation's launch events in Israel with thousands of Israelis taking amongst women in Israel. In the last 25 years part in marching in support of the battle against breast cancer as the frequency of diagnosis with breast can- part of the partnership of more than ten women organizations. cer has gradually risen with over 4,000 new cases diagnosed every year hitting women at a The event which was the first of it kind to be held in Israel will younger age than ever up to a short time ago. bring to Jerusalem people from all over Israel asking to promote Hadassah's researchers in Israel have only re- the education for early detection of breast cancer alongside many cently been able to identify an apparent halt guests who will arrive to Israeli epically for this cause and event. in the rise due to prevention measures and de- velopment of advanced techniques of treating Komen races for the cure take place in cities and sites all over the breast cancer. The Susan G. Komen for the world creating a powerful and meaningful public presence that Cure organization has contributed over $2 brings attention and influences public agenda. The race in Jeru- million in Israel in the last 16 years to support salem was opened by internationally renowned fashion designer varying breast cancer research projects as well Dorin Frankfurt who has agreed to volunteer as the race's hon- as women’s outreach programs. orary chairperson. usan G. Komen for the Cure®, the Slargest volunteer-based international organization to raise awareness for battling breast cancer and support scientific research for the disease's prevention, will be launching the Israel Breast Cancer Col- laborative with activities in Israel in October 2010. This initiative is a continuation of the organization's plan of action to work globally to discover and deliver the cures for breast cancer. Susan G. Komen for the Cure is a unique foundation as it combines the support for scientific research with funding for educa- tion, screening and treatment programs on a global scale. The organization began with a promise be- tween two sisters, Nancy Goodman Brinker and Susan Goodman Komen, when Susan provide education, screening and treatment The Municipality of Jerusalem and the Hadas- was fighting her battle with breast cancer. Su- programs aimed at early detection and deal- sah World Zionist Organization are partner- san’s compassion for others and commitment ing with the disease. The organization has ing with Susan G. Komen for the Cure in this to making a difference throughout her own cooperated with more than 50 government coming year’s projects which will take place in ordeal moved her sister, Nancy Goodman and non-governmental organizations in five October 2010. Jerusalem Mayor Nir Barkat is Brinker, to promise her sister that she would continents in order to develop solutions and the official host of the organizations launches do everything in her power to end breast can- strategies for dealing with the global breast events in Israel. cer forever. That promise lives on in the Susan cancer crisis. G. Komen for the Cure foundation and is an THE 300,000- women strong Hadassah or- inspiration to people around the world. During its years of operation the Susan G. ganization which began developing modern Komen for the Cure has developed its unique health care in pre-state Israel nearly a hun- Since this promise 30 years ago, Susan G. Races – runs, walks and symbolic marches dred years ago and has continued to support Komen for the Cure has invested nearly $1.5 – coined the Susan G. Komen Race for the medicine, education and social welfare has billion US globally in research, education, Cure® Series, as main vehicles for both rais- partnered with Komen to increase awareness screening, treatment and awareness programs ing awareness while empowering people and and treatment of breast cancer. The work of particularly geared to low income communi- giving those who have the disease support and the Hadassah hospitals in Jerusalem serves as ties where the need for outreach and educa- hope. The Komen Race for the Cure Series an everyday testimony to the wide attention tion are greater. The organization has invested currently takes place in 141 cities globally. and focuses on issues of women health and more than $900 million to support scientific breast cancer treatment. research and an additional $450 million to Breast cancer is the most prevalent cancer 10 The Diplomatic Club Magazine

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Nov 1, 2010 4 THE DIPLOMATIC CLUb MAGAZINE. PEOPLE. 1. Israel and Spain have maintained dip- lomatic ties since 1986, next year it will be 25 years
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