Federal lawyer cites Israeli 'war crimes' Refugee board rejects claim by Lebanese spy for Mossad
Stewart Bell National Post
TORONTO - A man who spied on the terrorist group Hezbollah for the Israeli secret intelligence agency Mossad has been branded a war criminal by Canadian authorities, who said his actions helped Israel commit "heinous" atrocities.
In a ruling likely to raise diplomatic tensions between Canada and Israel, a lawyer representing the Minister of Immigration intervened in the Lebanese man's refugee case to argue his claim should be rejected for his role in Israeli "war crimes."
The Immigration and Refugee Board agreed and, citing reports by an American human rights group, ruled that the Israeli government was responsible for crimes against humanity in South Lebanon, including torture and murder.
The Israeli embassy in Ottawa called the Canadian assertions false. "Israel did not and has not been involved in any war crimes or crimes against humanity in southern Lebanon or any other place," said Ronen Gil-Or, the deputy head of mission.
Under Canadian law, Hezbollah is considered a terrorist organization because of its involvement in car bombings, hijackings and kidnappings. Despite that, Canadian officials condemned the man, identified only as Mr. X, for his work against the group.
"It certainly is curious," said Eric Vernon, director of government relations at the Canadian Jewish Congress, which is drafting a response to the IRB, complaining that its ruling relied on the "distorted" assertions of human rights activists.
Mr. X gave Mossad agents the names of 40 Hezbollah members. He also told Mossad about the centres used by Hezbollah, the places where they prayed and met, the cars they used and the print shops that produced their materials.
He was paid US$800 a month for his services between 1998 and 1999 but fled Lebanon in May, 2000, after the Israelis withdrew from South Lebanon. He filed a refugee claim in December, 2000, because his former superior had turned himself in to the Lebanese security services and identified the informants under his direction.
The IRB said the names Mr. X gave to Mossad were probably handed to the South Lebanon Army (SLA), the pro-Israeli militia that controlled South Lebanon, and that Hezbollah members would have been mistreated as a result.
"According to the documentary evidence, the SLA and Israeli government were responsible for a number of crimes, including civilian displacements, house demolitions, murders, torture as well as heinous crimes committed at Khiam Prison [an SLA jail in Lebanon]," the IRB said.
"The claimant alleged not to be aware of the purpose of the information he was providing, but knew that it was for the Israeli intelligence service.... The panel found it implausible that the claimant, who had worked as an informer for the Mossad for a year, would not be aware of the abuses inflicted by Israel and the SLA on people suspected of being members of the Hezbollah.
"The panel was of the opinion that there were serious reasons for considering that the claimant had been an accomplice, because of his personal and conscious participation in crimes against humanity committed by Israel and the SLA," the IRB said.
The adjudicator went further, suggesting Israeli counter-terrorism measures were on par with the tactics of terrorists. "Those who attempt to eradicate terrorism and fight terrorists must in no way conduct themselves as they do."
Mr. X was excluded from refugee protection on the grounds he had committed crimes against peace, war crimes or crimes against humanity. The adjudicator also said he was not credible.
Israel has been battling allegations it committed war crimes in Lebanon since 1982, when it invaded its northern neighbour to chase out Yasser Arafat's Palestine Liberation Organization, which was based in Beirut.
Palestinians tried to bring war crimes charges against Ariel Sharon, the Israeli Prime Minister, in Belgium, but an appeals court ruled last year that Mr. Sharon could not be put on trial because he was not on Belgian territory.
Human Rights Watch has documented what it calls "grave breaches of the Geneva Conventions by SLA forces, including torture and expulsion of civilians." It said Israel was ultimately responsible for the SLA's abuses because it was an "occupying power."
Mr. Gil-Or said contrary to the Canadian government claims, Israel "is continuing to give humane treatment even under the most difficult conditions as a result of violence directed against it by terrorist organizations."
By contrast, Lebanon and Syria continue to back Hezbollah, even as it regularly fires rockets at villages in northern Israel.
"Hezbollah is a destabilizing force in the region and committed terrorist attacks throughout the world," he said.