Abstract
This chapter provides readers with a postcolonial analysis of how the lawyers for the plaintiffs in the Linde et al. v. Arab Bank, PLC cases used these terrorist-financing cases as a rhetorical vehicle for commenting on the causes of Middle Eastern terrorism, the origins of the Second Intifada, and the perfidy of Hamas. For more than a decade Gary Osen and other attorneys for the plaintiffs used the rules of discovery, civil procedures, the rules of evidence, and expert witness testimony to put on display selective interpretations of dozens of “Palestinian” terrorist incidents in order to convince American jurists that the Arab Bank knew that it was helping bankroll terrorists.
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Notes
For a summary of some of these themes, see Rashid Khalidi, “1948 and After in Palestine: Universal Themes?” Critical Inquiry 40 (2014): 314–331.
For an example of this unabashed defense of American exceptionalist ways of coping with perceived terrorist threats from banks and others involved in this type of financing, see Jennifer A. Rosenfeld, “Note, the Antiterrorism Act of 1990: Bringing International Terrorists to Justice the American Way,” Suffolk Transnational Law Review 15 (1992): 726.
Keith Y. Cohan, “The Need for a Refined Balancing Approach When American Discovery Orders Demand the Violation of Foreign Law,” Texas Law Review 87 (2009): 1009–1044, 1040.
Jack D. Smith and Gregory J. Cooper, “Disrupting Terrorist Financing with Civil Litigation,” Case Western Journal of International Law 41 (2009): 65–84, 65.
David Kennedy, “Reassessing International Humanitarianism: The Dark Sides,” in International Law and Its Others, ed. Anne Orford (Cambridge: Cambridge University Press, 2006), 132.
Sascha Dominik Bachmann, “Bankrupting Terrorism: The Role of U.S. Anti-Terrorism Litigation in the Prevention of Terrorism and Other Hybrid Threats: A Legal Assessment and Outlook,” Liverpool Law Review 33 (2012): 91–109, 94.
See, for example, Madelena Santos work on settler colonialism in the region. Madelena Santos, “Relations of Ruling in the Colonial Present: An Intersectional View of the Israeli Imaginary,” Canadian Journal of Sociology 38, no. 4 (2013): 509–532.
For an intriguing discussion of how Israeli occupations of Palestinian lands have been influenced by earlier British rhetorical figurations of these areas, see Robert Home, “An ‘Irreversible Conquest?’ Colonial and Postcolonial Land Law in Israel/Palestine,” Social & Legal Studies 12 (2003): 291.
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© 2015 Marouf Hasian, Jr.
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Hasian, M. (2015). A Critical Review of the Linde Plaintiffs’ Framing of the Role that Financial Institutions Played in the Rise of Hamas, 2000 to 2014. In: A Postcolonial Critique of the Linde et al. v. Arab Bank, PLC “Terrorism” Bank Cases. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-137-57403-9_4
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DOI: https://doi.org/10.1007/978-1-137-57403-9_4
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