Heideman Nudelman & Kalik, PC has filed an Amicus Brief on behalf of StandWithUs, the Raoul Wallenberg Center for Human Rights, EMET – Endowment for Middle East Truth, National Jewish Advocacy Center, Inc. and Temple Beth El of Boca Raton, FL, in the United States District Court for the Southern District of New York, in the pending case of Estate of Kedem Simon Tov et al v United Nations Relief and Works Agency (UNRWA), to support the principle that the US Department of Justice assertion of immunity for UNRWA’s impunity and liability for their support of HAMAS, the barbaric designated Foreign Terror Organization is wrong-headed and a denial of justice and accountability for victims of the October 7th HAMAS attack upon the people and sovereignty of the State of Israel.
Author Archives: hnklaw
A call for global action
The silence of the world on Iran’s innumerable crimes is dangerously deafening.
The International Court of Justice (ICJ) recently issued an “advisory opinion” on the “legal consequences of Israel’s occupation of Palestinian territories,” advising that Israel has effectively annexed parts of the historical, ancient and biblical lands of Israel known as Judea and Samaria and declaring this illegal under international law. This follows recent decisions by the ICJ in the matter of South Africa versus Israel and the International Criminal Court (ICC) prosecutor’s outrageous application for warrants for the arrest of Israel’s Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
Our law firm, Heideman Nudelman & Kalik, PC (Washington, D.C.) submitted briefs to the ICJ in 2004, 2023 and 2024—and the ICC in 2020—concerning Israel’s fundamental right and obligation to defend her people and today we issue this call for global action in defense of Israel, the Jewish people and Western democratic values:
The global community needs to recognize and clearly articulate that the sovereign State of Israel has the right and the obligation to defend her people. It must be acknowledged that citizens of 42 countries, mainly Israelis, were beaten, burned, beheaded, buried, murdered or taken hostage during the barbaric and heinous Hamas attacks perpetrated on and since Oct. 7, 2023 upon peaceful Israeli communities located along the Gaza-Israel border.
The United Nations and its world courts were founded to promote peace, justice and order. In dereliction of these duties, the ICJ and the U.N. incredulously injected themselves into this matter not in support of Israeli and other country’s victims, but rather in support of Hamas, a designated terrorist organization.
The international community must immediately stop emboldening terrorists by allowing them to hijack international organizations and international law and use them as diplomatic shields against being held accountable for their inhumane, barbaric, belligerent and unconscionable acts of maiming, murder and hostage-taking against people from countries around the world.
World leaders who fail to speak clearly and forcefully about the undeniable dangers of these international institutions will only continue to unnecessarily cede power to terror organizations and terror-states from the hands of their countries, their people and all who care deeply about human rights and respect for the rule of law.
We have over 20 year’s experience representing American victims of terrorism, including in terror attacks perpetrated by Hamas or the Islamic Resistance Movement; resistance being a pseudonym for the call to remove all Jewish people from the lands between the Mediterranean Sea and the Jordan River; that means all of Israel; and further means Judenrein, “free of Jews,” an unconscionable discriminatory, bigoted and hateful attempt at genocide against the Jewish people.
We recently filed actions in U.S. Federal Court against Iran, the Syrian Arab Republic and North Korea on behalf of American victims of the brutal, barbaric and heinous terror attacks committed on and since Oct. 7. The rocket attacks launched by the Iran-sponsored terrorist organization Hezbollah targeting a soccer field in Majdal Shams, home to Israel’s precious Druze community, killing and mutilating over a dozen Druze children, makes it clear that acceptable terror targets are not just the Jewish community, but all of Israel.
Terror and hostage-taking tear apart the fabric of families, communities and peaceful world order. International organizations have no business impeding the affected countries in their dutybound responses.
The ICC
The ICC, of which neither the U.S. nor Israel are members, has been selective, rogue and inappropriate in threatening to arrest the duly elected leaders of the sovereign State of Israel.
For the ICC prosecutor to selectively target Netanyahu, the longest-serving prime minister of the State of Israel, and Gallant is morally and legally repugnant. So is the attempt to equate Israel’s defensive war to the Hamas Oct. 7 terrorist onslaught.
The demonizing accusation that Israel is committing genocide is false. This term, coined by Raphael Lemkin in the context of the Nuremberg trials of Nazi war criminals, refers to the attempted annihilation of a race or people. The untold millions killed by the Nazis were targeted for persecution based on their religion, race, beliefs, sexual orientation and practices. This defines the Holocaust as a unique genocide.
In this context, the Hamas invasion of the sovereign State of Israel on the Jewish holiday of Simchat Torah, the Shabbat of Oct. 7, and its attendant atrocities are properly classified by many as an attempt at committing genocide against the Jewish people in violation of all standards of decency and law.
Thus, Israel’s defensive and preventative military response to Hamas’s attempted genocide warrants not condemnation or unreasonable scrutiny but rather the support of international leaders in keeping with Israel’s right and obligation to protect her population. As Netanyahu stated in his recent address to a joint session of the U.S. Congress:
The ICC prosecutor accuses Israel of deliberately targeting civilians. What in God’s green earth is he talking about? The IDF has dropped millions of flyers, sent millions of text messages, made hundreds of thousands of phone calls to get Palestinian civilians out of harm’s way. But at the same time, Hamas does everything in its power to put Palestinian civilians in harm’s way. They fire rockets from schools, from hospitals, from mosques. They even shoot their own people when they try to leave the war zone.
The ICC’s Pre-Trial Chamber must reject the request of its prosecutor Karim Khan, issued on the very day of his scheduled but canceled fact-finding investigative trip to Israel and Gaza, and reject his wrongly requested arrest warrants.
The ICJ
Equally incredulous, outrageous, ludicrous and inhumane is the ICJ order that demands Israel immediately halt her efforts to obtain the release of and bring home the remaining Oct. 7 hostages of various nationalities. Israel has the right and moral obligation to take whatever actions she deems necessary to rescue both her civilians and all others, including Americans, who have been held apart from their families for more than 300 days and are reportedly being continuously and frequently subjected to rape, abuse and torture because they are Jewish.
As to the most recent advisory opinion that Israel has effectively annexed parts of Judea and Samaria, it is worth noting that the ICJ’s decision is ultimately grounded in the U.N.’s 1947 Plan of Partition resolution, wherein it acknowledged the “Jewish population accepted” and the “Arab population of Palestine and the Arab States rejected.”
After walking through the history of Israel’s Declaration of Independence, issued in the context of the end of the British Mandatory Period dating back to the end of World War I, and Israel’s victories in the wars launched against it in 1948-1949, 1956, 1967 and 1973 by the Arab states, the ICJ acknowledges that the Oslo Accords (“Accords”), the primary operative treaty between Israel and the Palestinian representative government, legitimizes and even calls for Israel’s presence in and across her ancient, historical and biblical homelands constituting mostly of Judea and Samaria.
Although the Accords under international law are the most authoritative legal instrument, the ICJ effectively casts them aside as irrelevant, citing instead biased political documents that carry no force of law, such as its own prior “advisory opinion” and a collection of biased U.N. General Assembly resolutions issued by a body that is based on one country-one vote and always stands against Israel in favor of the interests of the various Arab states.
This is just one of countless legal and logical fallacies that the ICJ employs to support its otherwise unsupportable conclusion: That Israel is somehow illegally occupying Judea and Samaria.
A call to the global community
The silence from presidents, prime ministers, foreign ministers and ambassadors regarding the hostages held by Hamas has been and continues to be increasingly deafening with each passing day. We call upon all to demand of Hamas and its terrorist leader in Gaza, Yahya Sinwar, to release the hostages.
Other democracies—including the United States, Canada, France and Australia—have never and would never tolerate the mass murder, maiming and kidnapping of their citizens by a designated foreign terror organization or its operatives. They, too, would respond with force and determination to seek justice for their citizenry.
Hamas must be held fully accountable for its taking and treatment of the hostages and its unconscionable attack upon the people of Israel. It must also be held accountable for its inhumane treatment of the residents of Gaza in usurping their humanitarian aid and repurposing it to initiate and perpetuate a violent conflict, as well as Hamas’s unconscionable placing of civilian lives in danger as human shields.
The U.N., ICC and ICJ must be castigated for their selective prosecution, sham proceedings and other grave miscarriages of justice, law and order, and the threats they pose to democracy. By having singled out Israel for multiple decades, they have played right into the hands of Iran, the worst sponsor of terror in the world that continues to directly attack Israel, the world’s only Jewish state.
Only months ago, the Islamic Republic of Iran launched hundreds of rockets and drones in a direct attack upon the sovereign State of Israel and surely will strike again, this time more forcefully. Iran continues to advance its nuclear capabilities; magnify its sponsorship of terror through its proxies Hamas, Hezbollah and the Houthis; repeatedly threaten to annihilate the people and the State of Israel; promote and illegally practice economic, academic and multi-pronged diplomatic boycotts of Israel; and support demonstrations in the U.S. and around the world to rally fervor against Israel and the Jewish people. The silence of the world on Iran’s innumerable crimes is dangerously deafening.
The global community and leaders of the Jewish community itself must use their strong voices, express their vision and assert their leadership in support of the strongest democracy in the Middle East. For decades, Israel has demonstrated its just commitment to international human and legal rights, including those of the Jewish people, whose proud tradition deserves praise and protection, not scapegoating.
Originally published by Richard D. Heideman and Joseph Tipograph at JNS.org
VICTIMS OF OCTOBER 7th HAMAS TERROR ATTACKS SUE IRAN, SYRIA
(Washington, DC) American victims and their family members of terror attacks taking place on or after October 7 today commenced litigation against the Islamic Republic of Iran (“Iran”) and the Syrian Arab Republic (“Syria), as state material sponsors of HAMAS, a designated Foreign Terrorist Organization. The lawsuit, Estate of Ayelet Arnin, et al v. Islamic Republic of Iran, et al. 1:24-cv-01819 (D.D.C.) was filed on behalf of all Plaintiffs by Heideman Nudelman & Kalik, PC, a Washington, DC law firm (“HNKLaw”) which has been representing American victims of terrorism for more than twenty years.
The plaintiffs include estates and loved ones of those murdered at the Supernova Music Festival (“NOVA”) on October 7th, 2023. Additional Plaintiffs include American citizens who were heinously murdered along the southern border of Israel and in Gaza, along with those who suffered severe physical and emotional injuries as a result of this ongoing terror attack. The Plaintiffs bring their Complaint and seek damages for the personal injuries they suffered when HAMAS committed the well-planned and simultaneously executed wave of deadly attacks on civilian communities, Kibbutzim, villages, towns and individuals, including against those attending NOVA.
Richard D. Heideman, Senior Counsel of HNKLaw states that “HAMAS’s attack on the NOVA festival and within the sovereign State of Israel was an attack against humanity itself. It is essential for American victims to stand against terror, and to seek justice and accountability, both through the courts of law and in the court of public opinion. Iran remains the world’s most flagrant state sponsor of terrorism, while Syria remains the longest standing state sponsor of terrorism, and both countries were instrumental in supporting HAMAS’s heinous attacks on and since October 7.”
Samuel Silverman, principal member of The Silverman Law Firm, PLLC (“Silverman Law”) who represents many of the Plaintiffs states “I am proud and humbled to join Richard and his esteemed team, standing together, united against terror and the forces of evil. Nothing can ever bring back a loved one, but perhaps we will make those responsible for these atrocities think twice before taking future action.”
About Heideman Nudelman & Kalik, P.C.
The law firm of Heideman Nudelman & Kalik, P.C. (www.HNKlaw.com), based in Washington, DC, is a global firm with affiliates in various parts of the world. Richard D. Heideman, Noel J. Nudelman, Tracy R. Kalik, Joseph H. Tipograph and other members, associates, of counsel and affiliates of the firm have extensive experience in complex litigation. The firm has served as lead counsel in numerous cases on behalf of victims of terror and their family members who have been killed or injured in terrorist attacks throughout the world. The firm has successfully brought cases against Libya, the Syrian Arab Republic, the Islamic Republic of Iran, Arab Bank plc and others accused of funding or providing material support for terror and continues committed to seeking justice on behalf of Americans who have suffered tragic murders or maiming at the hands of terrorists, their sponsors, supporters and funders.
HNKLaw, which represented many of the Americans killed or injured in the Second Intifada, has previously brought cases where US Federal courts have repeatedly found Iran and Syria guilty of supporting HAMAS and awarded judgments against both countries in those cases. HNKLaw also has obtained judgments and/or settlements, many of which have resulted in financial recoveries on behalf of its clients who were victims of acts of terrorism perpetrated by Libya, Iran, Syria, HAMAS, Al Aqsa Martyrs Brigade, Hezbollah, ISIS, Palestinian Islamic Jihad, the Taliban, the Abu Nidal Terror Organization and others, and has many pending actions on behalf of American victims of terror attacks against Iran, Syria, Arab Bank plc, the PA/PLO, Qatari entities and others accused of providing material support for terror in cases including hijackings, hostage-taking, hotel bombings, stabbings, shootings and other heinous terror attacks.
Richard D. Heideman, Senior Counsel of HNKLaw, previously served as President of B’nai B’rith International, is the Chairman of The Israel Forever Foundation, and is the author of The Hague Odyssey: Israel’s Struggle for Security on the Front Lines of Terrorism and Her Battle for Justice at the United Nations (Bartleby Press) and also The Bloody Price of Freedom (Gefen Publishing House). He and other members of the firm are available for interviews and comments on matters relating to the ongoing battle against terror and the important use of the American legal system in pursuit of justice.
LISTEN: Interview about holding sponsors of terror legally accountable
Richard Heideman is an attorney in Washington, D.C, who represents American victims of terror and their families.
He is also the founding chairman of The Israel Forever Foundation, a non-profit that develops and promotes opportunities to strengthen people’s personal connection to Israel.
Click below to listen to the interview about holding the sponsors of terrorism legally accountable.
Learn more: AllIsraelNews
Federal court: Iran, Syria must pay $191 million for murder of Ari Fuld
“It’s not a military act, but it’s an act of defiance that is essential,” said Richard Heideman, who represented the Fuld estate in the lawsuit.
The U.S. District Court for the District of Columbia ordered on Thursday that Iran and Syria pay $191 million for complicity in the murder of Ari Fuld, an American-Israeli killed by a Hamas terrorist in 2018.
Royce Lamberth, a senior judge and former chief judge on the court, held that Fuld’s estate and surviving family members are entitled to damages due to Iran’s and Syria’s roles as state sponsors of Hamas terrorism.
“The stabbing that killed Mr. Fuld was a tragic event, and money cannot fully account for the harm that these defendants have inflicted,” Lamberth wrote. “Iran and Syria have, once again, provided material support to Hamas and thereby facilitated the savage murder of a husband, father, son and brother to these plaintiffs.”
“The court’s ruling today cannot erase plaintiffs’ pain, but it can begin the process of affording them due compensation for their loss,” he added.
Richard Heideman, senior counsel at Heideman, Nudelman & Kalik, which represented Fuld’s estate and most of his family members in the suit, told JNS that the $191 million in damages is intended to compensate for the suffering of Fuld and his family but also to send a signal to Hamas’s sponsors.
“The court also went one step further and assessed punitive damages, as not only a punishment of Iran and Syria but also to send a loud and clear message that the court will not countenance the continued sponsorship by Iran and Syria of terror against Americans,” he said.
Fuld was born in New York and emigrated in 1994 to Israel, where he served in an Israel Defense Forces paratrooper unit. He then worked for an organization supporting Israeli soldiers. Fuld, who lived in Efrat with his wife and four children, was also a staunch advocate for Israel on social media.
“Ari Fuld was a wonderful young man, who was a great advocate for Israel and the Jewish people,” Heideman told JNS. “He was known and respected by everybody. A brilliant husband and father and articulate member of a very articulate family that is passionately committed to standing up for Israel and the Jewish people in the court of public opinion, and in helping people in every walk of life.”
On Sept. 16, 2018, Khalil Jabarin, a 17-year-old Palestinian terrorist, set out with an eight-inch knife used for slaughtering animals to look for an English-speaking Israeli of American origin to kill.
Jabarin ambushed Fuld that morning outside a supermarket in Gush Etzion, stabbing him multiple times in the neck and upper body.
Despite being mortally wounded, Fuld chased Jabarin down and shot him before he could stab a woman working at a nearby shop. Jabarin survived and was arrested and given a life sentence in 2020.
Fuld died from his wounds in an ambulance, en route to the hospital. “He’s a true American hero,” Heideman said.
Hamas claimed responsibility a few hours after the attack.
Heideman, a former B’nai B’rith International president, has brought lawsuits on behalf of U.S. victims of terrorism for decades. He told JNS that Jabarin’s intent to kill English-speaking Americans reflects the goals of Hamas and its state sponsors.
“If we look back over the last 25 years, Hamas has not just targeted Israelis, not just targeted Jews, but has also targeted Americans in Israel, whether they live there, whether they’re visiting there,” Heideman said.
“There are numerous cases, where U.S. federal courts have found that it was Hamas terror and found that Hamas was sponsored, provided with material support by the Islamic Republic of Iran and the Syrian Arab Republic,” he said.
The Hamas terrorists receive training and “get incentivized” and “many of them receive instructions, much as went on on Oct. 7 with the most barbaric, heinous massacre of our time,” Heideman said.
“We see that in the Ari Fuld case, where he was targeted because he was an English-speaking American, and we have to understand the threat,” he added. “We have to understand that the terrorists are out to kill.”
Sovereign immunity
A member of a Palestinian terror group killed Fuld on Israeli soil, but a U.S. court was able to find Iran and Syria responsible due to a combination of U.S. laws, which strip sovereign immunity from designated state sponsors of terrorism under certain circumstances.
The U.S. State Department designated Syria as a state sponsor of terrorism on Dec. 29, 1979. It did the same with Iran on Jan. 19, 1984. (The only other two currently designated state terror sponsors are North Korea and Cuba.)
In his ruling, Lamberth wrote that both Iran and Syria have a well-established legal record of aiding Hamas.
“The evidence in this case establishes, once again, that Iran and Syria have provided material support and resources to Hamas,” he wrote. “Because defendants enabled, encouraged and facilitated the attack here, the court’s findings of fact reflect that Iran and Syria are responsible for the murder of Mr. Fuld.”
Heideman told JNS that neither country sent lawyers to court to dispute the case, and the ruling was therefore a default judgment in the defendants’ absence.
JNS sought comment from the Syrian and Iranian missions to the United Nations in New York. Neither country currently operates an embassy in Washington.
The Fulds may find it difficult to collect the $191 million in damages from two hostile countries, which are already under U.S. sanctions. But there are pathways for them to pursue what they are owed.
That includes the U.S. Victims of State Sponsored Terrorism Fund, a program of the U.S. Justice Department that distributes money that the U.S. government seizes from state terror sponsors or other entities involved in sanctions evasion.
Heideman told JNS that Thursday’s court victory also points to legal remedies that victims of Oct. 7 might pursue to achieve justice against Hamas and its backers.
“It is important, we believe, to stand against terror in every way that we can,” he said. “We and other law firms are indeed busily standing up on behalf of victims and their families as a result of these acts of terror.”
“Our firm has been engaged to represent a number of families and we’ve drafted complaints that will be strategically filed in the near future,” he added. “It’s not a military act, but it’s an act of defiance that is essential.”
“It won’t bring lives back, but it will bring dignity to the memory of those whose lives were taken,” he said.
The Failure of International Organizations
The failure of international organizations today mirrors the failure of the League of Nations, as assessed by Samuel Flagg Bemis, the esteemed, two-time Pulitzer Prize winning American diplomatic historian whose career spanned the League’s 1920 creation and 1946 dissolution:
The League of Nations has been a disappointing failure. … because the great powers have been unwilling to apply sanctions except where it suited their individual national interests to do so, and because Democracy, on which the original concepts of the League rested for support, has collapsed over half the world.
Today, 70 percent of the world reportedly lives under dictatorships, which have joined forces to leverage the power of democracy that they themselves deny their people—to aid, abet, enable, and manipulate the UN into permitting, perpetuating, and even participating in acts of human rights violations and violent conflict, the antithesis of the United Nations’ mandate.
Under the guise of promoting peace, the conduct of these countries at the UN works to harm the marginalized people the UN claims to protect and serve; as well as the UN’s peace-loving, human-rights respecting, democratic benefactors, including the United States. Decade after decade, countries such as the Islamic Republic of Iran, the former Qaddafi-controlled Libyan regime and others band together to castigate good and work to control the one-country one-vote outcomes at the UN General Assembly (UNGA), permitting bias and prejudice to control the voice and pronounced “accomplishments” of the UN. Except through the exercise of vetoes by the permanent members of the UN Security Council (UNSC) on issues of particular concern to those countries, Western powers have been unable to remedy the failures of the international organization’s machinery or provide justice to citizens of non-democratic UN members.
Compounding the issue, propaganda generated by international organizations and funded by UN arms and organs works to influence public opinion and voters in democratic countries to be more sympathetic to the whims of enemy authoritarian regimes and more hostile to their own freer systems of government. Consequently, the sympathies of well-minded people seeking to empower the downtrodden develop a bias against the wrong countries, deepening the suffering of those in need in an endless downward spiral.
Failure at the United Nations
International organizations trace their origins back to Immanuel Kant’s 1795 book, Perpetual Peace. At that time, all of Europe was consumed by war. In 1815, the Concert of Europe was launched as the first international co-operative effort to promote collective security. After a century and with the outbreak of World War I, the Concert dissolved, subsequently followed by the establishment of the League of Nations and, at the end of World War II, the United Nations.
One major failure of the UN’s international organization network is the deafening silence regarding the most egregious human suffering wrought by the world’s most flagrant human rights abusers and militant aggressors such as the dictators controlling Russia, China, Iran, Syria, North Korea, Cuba, and elsewhere. These authoritarian regimes lack incentive to sanction each other for crimes against humanity similar to what they themselves are committing; and use their accusations against other countries, particularly Israel, at least in part to divert attention from their own malfeasance.
According to data from the non-profit UN Watch, dictators enjoy majority voting on the UNHRC (Human Rights Council, 64 percent), the UN Commission on the Status of Women (57 percent), Committee on NGOs (non-governmental organizations, with the power to grant and suspend NGO’s UN credentials, 74 percent), UN Women Executive Board (56 percent), and UNESCO (Educational, Social and Cultural Organization, 61 percent).
Dictators have masterfully leveraged these bodies, their collective voting power in other organs, and their willingness to exploit their countries limited resources, to direct the bulk of international organizational sanctioning at the lone democracy in the Middle East, the Jewish State of Israel.
Israel was admitted to the UN as a fully accredited member-state in 1949 by a two-thirds majority of the then-members of the UNGA. A flood of Arab, Islamic, and other totalitarian regimes admitted after Israel, seized control and forever changed the UN from an organization that could effectively advance the interests of peace into a tool for pronouncing destructive propaganda disguised as international policy.
This practice started with the Arab League, established in 1944, whose 22 members, in 1975, sponsored the first anti-Israel resolution (the Zionism=Racism resolution). The League enjoys special status at the UN, as does the Organization of Islamic Cooperation (OIC), which touts itself as the “second largest [international] organization after the [UN] with a membership of 57 states spread over four continents.” While the OIC purports to represent the unified Muslim voice on a range of issues, its activity at the UN, where its members comprise approximately 30 percent of UNGA votes, appears singularly focused on promoting the Palestinian narrative through the demonization of Israel on all Palestinian-Israeli matters.
This critical mass of votes was leveraged to also exclude Israel from the Asian Pacific Regional Group, thereby denying Israel eligibility to be elected to a rotating UN Security Council seat, which are allocated by regional groupings. It was not until 2004 that Israel found a permanent home in the Western Europe and Other States group, accepted with conditions; and it was not until recently that any Israeli diplomat was elected to serve in a UN leadership role.
Embedded Anti-Israel Bias
The UN system includes bodies such as the Committee on the Exercise of the Inalienable Rights of the Palestinian People, funded from within the UN budget, that are specifically focused on the promotion of Palestinian issues, which includes castigating Israel at every turn.
Today, Israel remains uniquely targeted by discriminatory voting. Data compiled by UN Watch shows the following prevalence of resolutions condemning Israel.
UNGA |
Since 2015 |
67.75% |
UNHRC |
Since 2006 |
51.2% |
WHO |
Since 2015 |
100% |
Percent resolutions condemning a single country which specifically target and condemn the State of Israel.
The UN Charter does nothing to prevent such discrimination, nor to ensure resolutions focus on the more flagrant threats to world peace and human rights. Thus, UN policy documents simply reflect the will of an undemocratic plurality of countries acting out of their own self-interest. NGOs seeking UN credentials adopt the picture these resolutions wrongly paint of Israel, as the ultimate global villain: a racist, apartheid criminal state always allegedly acting in violation of international law. The accusations have been effective in manipulating the body of nations, the press and the court of public opinion to advance the discriminatory focus upon Israel.
The International Court of Justice (ICJ), the UN’s world court has repeatedly accepted jurisdiction over requests for Advisory Opinions and other proceedings initiated against Israel, to then substitute the biased findings of the UN policy documents in place of the evidence-based fact-finding that stands as a fundamental characteristic of a democratic tribunal.
The October 7 Massacre
On October 7, 2023 Hamas, the acronym for the Palestinian Islamic Resistance Movement, a US-designated Foreign Terror Organization, committed the most heinous, barbaric, brutal and evil attack upon citizens, civilians, police, and soldiers guarding the border between the Gaza Strip and the sovereign State of Israel. Thousands were massacred or maimed, with many burned in their homes, beheaded, and raped; and more than 240 children, women, and men of various nationalities were taken hostage. At this writing, 134 hostages remain in the hands of Hamas, many believed to have been raped and murdered in captivity.
The world’s momentary expression of profound disgust was quickly drowned out by proclamations that the terrorist invasion was caused by – and is the fault of – Israel itself, attributed to various issues ranging from where Israeli Jewish people live to how the country defends them. UN bodies are again passing propaganda laden-resolutions and rulings. At the ICJ, South Africa launched a meritless case acting as a shill for Hamas and accusing Israel of genocide.
Every country in the world has the primary right and obligation to protect its citizens and cannot tolerate acts of brutality, or the raining of missiles into its territory from across its border. Every world leader should ask themselves: what would they do if Hamas, ISIS, or the Nazis invaded and brutalized their population? Would the unfortunate likelihood of civilian casualties, bolstered by the use of human shields, deter them from striking back?
Like never before, Israel’s re-entry into the Gaza Strip, from which it unilaterally withdrew in 2005, has uncovered evidence of malignant conduct by UNRWA (United Nations Relief and Works Agency), which purports to serve Palestinian refugees with education and aid, but in practice seems primarily to serve Hamas.
UNRWA on October 7
Among other things, UNRWA employees were found to have aided, encouraged, and/or participated in the October 7 atrocities, including kidnappings, transfers of dead bodies and weapons, and rampages on some of the 22 Israeli communities across southern Israel, including in Kibbutz Be’eri, and the Nova Music Festival where civilians were gunned down or murdered in their cars, in fields, in safe rooms, and on the roads.
Israel estimates that about ten percent of UNRWA’s 13,000 employees in the Gaza Strip are themselves members of Hamas or other Islamist terrorist groups, and 50 percent have immediate family members in terrorist organizations. As UNRWA and the terror groups combined comprise less than three percent of Gaza’s population of more than 2.2 million, the statistically significant overlap between them is staggering and is not a coincidence.
Since the news of UNRWA workers’ misconduct broke, the United States and other countries announced they would suspend funding pending an investigation into the accusations and circumvent UNRWA in the provision of humanitarian assistance to Gaza in the meantime, although sentiment is increasing to resume funding for UNRWA from various political and governmental quarters.
While nine UNRWA employees have thus far been terminated for participating in the grotesquely violent unprovoked Hamas attack on Israel, this is but a drop in the bucket.
Israel security forces have reportedly found military drones in UNRWA donations to the region, and Hamas terrorist tunnels and weapons under and in UNRWA buildings. The food, fuel and construction materials given to UNRWA as humanitarian aid for the Gazan population is frequently redirected to Hamas for its own terrorist use.
The Broader Problem
As a UN organ, UNRWA must promote international peace and security, but much of its unusual function of serving only Palestinian refugees is clearly disruptive to these ends, particularly when contrasted with the UN High Commissioner for Refugees (UNHCR), which serves the rest of the world’s refugees.
Where UNHCR’s budget is primarily dedicated to supporting infrastructure and employment, more than half of UNRWA’s budget goes to its schools, which indoctrinate students to hate Jews and Israel. UNHCR operates in 130 countries with a staff of 11,000 and has resettled well over 1 million refugees in the last 20 years. By contrast, UNRWA operates in 4 countries, employs 30,000 people, reports to no one, and has not resettled any Palestinian refugees in its 70+ year existence. UNRWA’s very definition of refugee prevents resettlement.
Unlike the children of refugees resettled by UNHCR – who enjoy citizenship of their birth countries – children of Palestinian refugees inherit their parents’ refugee status and later pass it on to their children. In preserving Palestinian refugee status, UNRWA has asserted that each of these intergenerational refugees and only these refugees enjoy a “right of return,” not just to Palestinian Arab majority territories in the West Bank and Gaza Strip but also to all of Israel proper. Their home countries, namely Jordan, Lebanon, Egypt and Syria discriminatorily deny them citizenship, prohibit them from engaging in many different professions, and keep them marginalized.
This unique and problematic dictation of a UN member state’s immigration policy is an intentional design of the UN, and until it is properly addressed, it will only continue to fuel increasingly violent wars. Through the inclusion of lineal descendants, the number of Palestinian refugees—committed to the destruction of Israel and maintained in a perpetual state of victimhood—has exploded, growing from an estimated 650,000 in 1948 to a claimed 5.2 million today.
UNRWA’s annual budget exceeds $1 billion and is supported by other programs mandated by UNGA to shape public opinion around the world in support of the conflict-perpetuating status that UNRWA uniquely confers on Palestinian Arabs. The promoted narrative is that Israel is the oppressor of the Palestinian people, despite everything Israel has done over the generations to help improve their security, stability, growth, employment, educational opportunities, and standard of living.
Evasion of Accountability
Consistent with this framework, a recipe for perpetuated conflict, UN staff and beneficiaries have killed, injured, or taken hostage dozens of American and other Western civilians, and their governments have done little about it.
UNRWA should be held accountable for its support of Hamas. Obstacles, however, abound. Typically, US federal courts hold liable foreign governments and non-state entities that provide similar, and in some cases, much less support for terrorist acts to the American victims of those acts and their American family members. But the UN and UNRWA itself surely will claim to be shielded from such liability, as US federal courts have found in certain cases that the UN enjoys absolute immunity, citing a series of UN treaties to which the US has acceded.
Challenges to such immunity claims, however, are expected to be undertaken.
A solution to this robust immunity claim could also develop in the form of a waiver by and consent of those entities, including at the UN and/or its organs, which could be as a condition of future funding. Additionally, Congress might undertake a legislative fix akin to the terrorism exception under the Foreign Sovereign Immunities Act. In order to help facilitate litigation against international organizations which provide material support to, or aid and abet the commission of acts of international terror, it permits the designation of Foreign Terror Organizations.
The failure of international organizations today is no different than what brought about the 1946 failure of the League of Nations as identified by Bemis: a world that mostly rejects democracy sanctioning only out of self-interest.
The leaders of the free world must more fully acknowledge and more forcefully address this gross defect: the tacit encouragement of and support for the facilitation of terrorism committed under the guise of freedom fighting.
Unless and until they do, the UN and their own citizens can and will continue to be manipulated by authoritarian regimes, to the detriment, harm and denial of justice of innocent people everywhere.
Richard D. Heideman is Senior Counsel of Heideman Nudelman & Kalik, PC, which has represented American victims of terror seeking legal accountability for acts of terror and antisemitism. Joseph H. Tipograph is an attorney with the firm of Heideman Nudelman & Kalik, PC. He co-authored with Heideman and David Matas the legal brief submitted to the ICJ for inclusion in the public record and co-authored a separate brief in the matter of South Africa v. Israel.
As soldiers fight in Gaza, lawyers take on terror funding in court
As soldiers fight in Gaza, lawyers take on terror funding in court
“If you block the flow of the money, you can block the flow of the terrorism, and the only way to do so is by bringing legal actions against the terror organizations and their financial patrons.”
By Michael Starr in The Jerusalem Post
Approximately 70 US and Israeli victims of October 7 filed a lawsuit with a US federal court, seeking restitution from Iran as a sponsor of Gazan terrorist organizations in January. (photo credit: UNSPLASH/CLAIREANDERSON)
The IDF is fighting the Israel-Hamas war to release the hostages taken during the October 7 massacre, ensure that such a pogrom can never happen again, and secure justice against the perpetrators. The physical battlefield is not the only arena in which these objectives can be achieved – the courtroom is also a vital front in the war against terrorism.
“Israel is fighting this war on multiple fronts, not only against Hamas in Gaza but in the ‘war of narratives’ and the legal arena as well,” Human Rights lawyer and International Legal Forum CEO Arsen Ostrovsky said.
“It is imperative that we are unwavering in using every legal tool at our disposal to change the paradigm in pursuing justice by holding not only the perpetrators of October 7 accountable but all those who supported, enabled, and funded this massacre and ongoing captivity of hostages.”
Ostrovsky and his coalition of thousands of attorneys are among the many actors who have taken the fight to the courtroom. Since October 7, NGOs, activists, survivors, and the families of victims have sought justice and the prevention of future horrors, by filing lawsuits against those who facilitated Hamas’s crimes.
At the end of January, 67 US and Israeli October 7 victims filed a lawsuit with a US federal court, seeking restitution from Iran as a sponsor of Gazan terrorist organizations. On February 14, the Hostage and Missing Families Forum filed a complaint with the International Criminal Court (ICC) against Hamas for genocide, kidnapping, sexual violence, and torture.
Additionally, on behalf of family members and victims, the National Jewish Advocacy Center (NJAC) and several firms, on February 23, sued the Associated Press (AP) before the Southern District of Florida for allegedly knowingly supporting terrorism by purchasing photos from Hamas-linked journalists, including Gazans who participated in the October 7 massacre.
“If you block the flow of the money, you can block the flow of the terrorism”
NJAC also worked with ILF and attorneys David Schoen and Ben Schlager to file a suit in Alabama on behalf of October 7 victims against cryptocurrency platform Binance, for facilitating Hamas and Palestinian Islamic Jihad (PIJ) funding and financial transactions.
Representatives of the parents of Shani Louk, May Naim, Lotan Abir, Guy Gabriel Levi, and Shalev Madmoni filed a lawsuit in the Jerusalem District Court on February 28 against AP and Reuters for their employment of photo-journalists who accompanied the terrorists on their pogrom.
In another suit on behalf of victims, Schoen, attorneys David Finger and Jason Torchinsky, NJAC, and ILF launched a March 10 Delaware lawsuit against the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) USA National Committee, for alleged support of Hamas.
The Shurat Hadin-Israel Law Center also filed a lawsuit in Jerusalem, on March 11, on behalf of 124 family members of October 7 victims, against the Palestinian Authority (PA) and Hamas. Shurat Hadin founder Nitsana Darshan-Leitner said the barrage of such lawsuits can serve to cut off the financial oxygen that terrorist organizations need to breathe.
“If you block the flow of the money, you can block the flow of the terrorism, and the only way to do so is by bringing legal actions against the terror organizations and their financial patrons,” said Darshan-Leitner.
“The players in this fight are the terror victims who were harmed as a result of terror attacks. They are seizing billions of dollars of terror funds, and putting liens on hundreds of millions of dollars of terror assets. This fight grants the terror victims a way to fight back. Money cannot bring back life, but money gives a measure of closure, a measure of justice to the terror victims. In Shurat HaDin we’ve been fighting terror funding for two decades and we’ll continue to do it until we dry all the sources for their money.”
As noted by Darshan-Leitner, such legal efforts on behalf of terrorism victims are part of a long war against terrorists.
Richard Heideman has been fighting on the frontlines of this battle for decades. Heideman hasn’t just served as ex-president of the American Zionist Movement and B’nai B’rith International and founding chairman of The Israel Forever Foundation, he is also senior counsel for the DC law firm, Heideman Nudelman & Kalik, PC. Over several decades, the firm has frequently been asked to represent the victims of terrorism.
“Terrorism didn’t begin with October 7 or the Second Intifada or September 11,” said Heideman.
He explained that there are two alternate but not competing paths when pursuing legal action and justice for terrorism victims: Action against states and action against non-state actors.
Normally, states do not fall under the jurisdiction of US courts, but under the terrorism exception in the Foreign Sovereign Immunities Act, any country designated by the US State Department as a State Sponsor of Terrorism can be sued by American victims. The current list includes Syria, Iran, North Korea, and Cuba. Spouses, children, parents, and siblings of terror victims all have claims against these countries, said Heideman.
Libya used to be on the list but was removed in 2006 after a series of agreements with the United States and United Kingdom, which included settlements for litigation against it for support of terrorism.
Heideman also served as counsel for victims of the 1985 EgyptAir Flight 648 hijacking, after three Palestinian Abu Nidal terrorists seized the flight from Athens to Cairo, diverting it to Malta. They separated Americans, Israelis, Europeans, and Australians, putting them at the front of the plane. Sixty hostages, including an American, were killed during a shootout with Egyptian special forces. Heideman said that a surviving terrorist told him that he had received the weapons through a Libyan diplomat and that they had trained in the Beqaa Valley. Heideman worked on the suit against Libya and Syria.
That same year, terrorists simultaneously attacked the El Al ticket counters in Rome and Vienna. In Rome, Americans waiting at the Trans World Airlines (TWA) counter were killed. Heideman served as counsel to some of the American victims. He spoke to terrorists in prison, who gave affidavits stating that the attack was sponsored by Libya and that they had been trained by Syrian intelligence along with the flight 648 terror cell. As part of Libya’s claims settlement agreement that Heideman worked on, Libya, in 2008, settled with $1.5 billion, dispersed to victims of those attacks.
This demonstrates that while it may take decades of work, judgments against rogue states such as Syria can eventually yield fruit. Yet because victims and their families can’t wait decades for financial and emotional relief, Heideman said, in 2014 the US Congress created the United States Victims of State Sponsored Terrorism Fund for American claimants to be awarded according to court judgments.
Lawyers expect October 7 cases to go on for years
THE OTHER path for suing those supporting terrorist activities is through the Anti-Terrorism Act as amended by the Justice Against Sponsors of Terrorism Act, allowing victims to sue NGOs, corporations, banks, charities, and foundations for material support in aiding and abetting terrorism. Heideman said that such cases can be difficult since they require proof of the use of funding in terrorism and prior knowledge that the funds would be used in such a capacity. Under the Alien Tort Statute, foreign citizens can bring lawsuits before American courts.
Heideman took part in legal action against Arab Bank in 2018 when it was accused of facilitating Hamas terrorist attacks by knowingly providing funds to Hamas through charities. The bank settled. Heidman said that one of the terrorists who received funds through Arab Bank was Tamer Rimawi, an alleged al-Aqsa Martyr’s Brigades terrorist who murdered special-needs kindergarten teacher Esther Klieman in 2002. On behalf of her family, Heidman sued the PA, Palestinian Liberation Organization (PLO), and then Palestinian leader Yasser Arafat. The case has gone on for years as the PA and PLO have contested jurisdiction, demanding the case be tried in Ramallah.
The slaughter of so many people on October 7 shocked Heideman, who visited the towns that had been attacked.
“Americans, Israelis, and the citizens of 42 other countries deserve to seek and obtain justice,” he said. “Our firm has been engaged to litigate against Iran and Syria for providing aid to Hamas.”
Heideman said that they had already consulted with experts who were willing to opine to the court that Hamas was sponsored by Iran – and had engaged a number of investigators to collect more information on material and funding support.
As a general rule, judges look to precedent in their decision-making, and if a court has accepted research findings, they can be applied to other cases. Heideman pointed to the case of Eitan and Naama Henkin who were murdered by a Hamas cell in 2015. He represented Eitan’s side of the family against Syria, Iran, and Iranian military and financial bodies for their support of the Hamas terrorist attack, resulting in a judgment in their favor.
Heideman is also co-counsel representing the mother, father, wife, children, and most of the siblings of Ari Fuld, who was murdered by a terrorist in 2018. The family is also suing Iran and Syria in a pending case.
“We anticipate we will be engaged for many years with the multiple legal actions we will be launching” over October 7, said Heideman.
The attorney said that his firm was looking at different non-state entities operating in Qatar and anticipated taking action over UNRWA-related issues. Heideman has been in contact with the families of soldiers killed or injured during IDF service. He had previously represented the family of American-born IDF soldier Max Steinberg, who was killed in Gaza during the 2014 Operation Protective Edge. They successfully sued Iran for providing material support to his killers, Heideman said.
Many avenues remain open to possibility in the war on terrorism, and in the legal realm, warriors like Ostrovsky, Darshan-Leitner, and Heideman are intent on pursuing victories.
“Israel is not only taken to task on the battlefield and the diplomatic front, Israel and the Jewish people face a continuing battle of public opinion and we hope that our quest for truth and justice will help not only pursue the guilty but protect the good name of Israel,” said Heideman.
“Justice, justice, you shall pursue (Deuteronomy 16:20),” he concluded.
Syrian Arab Republic Hit with Judgment, Victims of Paris Bataclan Theatre Terrorist Attack Awarded $54 Million
The US District Court for the District of Columbia has entered Judgment against the defendant, Syrian Arab Republic (“Syria”), ordering Syria, a designated State Sponsor of Terrorism, to pay compensatory and punitive damages to Helen Wilson and her family as a result of the Paris Bataclan Theatre Attack which was carried out by ISIS on November 13, 2015. The victims are represented by the Washington, DC law firm Heideman Nudelman & Kalik, P.C., which has represented American victims of terror for more than 20 years and concentrates in civil counter-terror litigation.
Judge Emmet G. Sullivan has awarded damages totaling approximately $54 million to Helen Wilson and members of her family. The Court found that Syria was liable for the attack due to the material support it provided to ISIS. ISIS, which claimed responsibility for the attack, has long been designated as a Foreign Terrorist Organization by the US government.
“This judgment provides an important measure of justice to Helen Wilson and her family for the heinous injuries Ms. Wilson suffered as a direct result of the Syrian sponsored attack of the Paris Bataclan Theatre” said Richard D. Heideman, Senior Counsel of Heideman Nudelman & Kalik PC.
About Heideman Nudelman & Kalik, P.C.
The law firm of Heideman Nudelman & Kalik, P.C. (www.HNKlaw.com), based in Washington, DC, is a global firm with affiliates in various parts of the world. Richard D. Heideman, Noel J. Nudelman, Tracy R. Kalik, Joseph H. Tipograph and other members, associates and affiliates of the firm have extensive experience in complex litigation. The firm has served as lead counsel in numerous cases on behalf of victims of terror and their family members who have been killed or injured in terrorist attacks throughout the world. The firm has successfully brought cases against Libya, the Syrian Arab Republic, The Islamic Republic of Iran, the PA/PLO, Arab Bank plc and others accused of funding or providing material support for terror and continues committed to seeking justice on behalf of Americans who have suffered at the hands of terrorists, their sponsors, supporters and funders.
Richard D. Heideman, Senior Counsel of Heideman Nudelman & Kalik, P.C., is the author of the recently published The Bloody Price of Freedom (Gefen Publishing House, 2021) and is available for interviews and comments on matters relating to the ongoing battle against terror and the important use of the American legal system in pursuit of justice.
For further information, contact:
Richard D. Heideman, Senior Counsel, Heideman Nudelman & Kalik, P.C.
Tel: 202 463-8018
Qatar behind Hamas
The country’s role in Hamas’s Oct. 7 massacre and its massive influence operation in the U.S. demand a serious investigation.
International Court of Justice: Relating To The Legal Consequences of The Construction by Israel of A Terrorism Prevention Security Fence
As Counsel to the Foundation for the Defense of Democracies (“FDD”), submitted a Friend of the Court brief to the International Court of Justice (“ICJ”) on January 30, 2004, on the issues then pending before the Court relating to Israel’s terrorism prevention security fence.
• View: 2004 Background Briefing and Analysis
As Honorary President of B’nai B’rith International (“BBI”), Richard D. Heideman, B’nai B’rith International, B’nai Brith Canada and the B’nai B’rith World Center-Jerusalem jointly submitted a brief to the International Court of Justice “(ICJ”) on July 25, 2023, with arguments why the court should refuse to engage with the outrageous request for an advisory opinion against Israel.
• View: 2023 Background Briefing and Analysis
• View: 2023 Press Release