Michael Sfard ( he, מיכאל ספרד; born 1972) is a lawyer and political activist specializing in international
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
law and the laws of war. He has served as counsel in various cases on these topics in
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
. Sfard has represented a variety of
Israeli and
Palestinian
Palestinians ( ar, الفلسطينيون, ; he, פָלַסְטִינִים, ) or Palestinian people ( ar, الشعب الفلسطيني, label=none, ), also referred to as Palestinian Arabs ( ar, الفلسطينيين العرب, label=non ...
human rights and peace organizations, movements and activists at the
Israeli Supreme Court
ar, المحكمة العليا
, image = Emblem of Israel dark blue full.svg
, imagesize = 100px
, caption = Emblem of Israel
, motto =
, established =
, location = Givat Ram, Jerusalem
, coordina ...
.
Life and work
Michael Sfard was born in 1972 in the Rehov Brazil public housing complex in Kiryat HaYovel
Kiryat HaYovel ( he, קריית היובל) is a neighborhood in southwestern Jerusalem on Mount Herzl. It was built in the early 1950s to house new immigrants. Today, Kiryat HaYovel has a population of 25,000 residents.
Kiryat HaYovel is located ...
, Jerusalem
Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...
.
Sfard is the grandchild of Holocaust survivors. His parents had been expelled from Poland for their involvement in the University of Warsaw
The University of Warsaw ( pl, Uniwersytet Warszawski, la, Universitas Varsoviensis) is a public university in Warsaw, Poland. Established in 1816, it is the largest institution of higher learning in the country offering 37 different fields o ...
student uprisings against the Communist Government in 1968. When he was five, his family moved to an apartment building in Ma'alot Dafna that was home to many journalists.[
Sfard completed a law degree (]LLB
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
) at Hebrew University of Jerusalem.
He was a reservist for the Israeli Defense Forces
Israeli may refer to:
* Something of, from, or related to the State of Israel
* Israelis, citizens or permanent residents of the State of Israel
* Modern Hebrew, a language
* ''Israeli'' (newspaper), published from 2006 to 2008
* Guni Israeli (b ...
(IDF) in the Gaza Strip
The Gaza Strip (;The New Oxford Dictionary of English (1998) – p.761 "Gaza Strip /'gɑːzə/ a strip of territory under the control of the Palestinian National Authority and Hamas, on the SE Mediterranean coast including the town of Gaza.. ...
while at law school.[ He served in the Nahal Brigade of the IDF, mostly in Lebanon, as a military paramedic.] According to Sfard, before his reserve duty in Gaza, he believed "left-wing soldiers" should agree to patrol the Palestinian territories "to stop bad things from happening" rather than be conscientious objectors.[
While serving in Gaza his views changed, and in a later reservist session, Sfard became a conscientious objector and spent three weeks in military prison due to his refusal to serve as escort for Israeli settlers in ]Hebron
Hebron ( ar, الخليل or ; he, חֶבְרוֹן ) is a Palestinian. city in the southern West Bank, south of Jerusalem. Nestled in the Judaean Mountains, it lies above sea level. The second-largest city in the West Bank (after Eas ...
. He was released from the army in 1994 and attended a course on Jewish-Arab encounters at Neve Shalom
Neve Shalom ( he, נְוֵה שָׁלוֹם, ''lit.'' Oasis of Peace), also known as Wāħat as-Salām ( ar, واحة السلام) is a cooperative village in Israel, jointly founded by Israeli Jews and Arabs in an attempt to show that the two p ...
. He started his legal apprenticeship with Avigdor Feldman in 1998 and worked with him for several years as an attorney.[
In 2000, Sfard and his wife moved to ]London
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
so that he could pursue a master's degree, but he says it was also "to get away" from Israel.[ He studied international human rights law, "discovered the subject ewanted to work in" and returned the following year having decided that emigration from Israel was "a tragedy".][
He completed his ]Master of Laws
A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
at University College London
, mottoeng = Let all come who by merit deserve the most reward
, established =
, type = Public research university
, endowment = £143 million (2020)
, budget = ...
.[ Shortly after Sfard returned, he attended the first conference of the group Courage to Refuse, "saw 200 people who thought and felt like edid", and decided to be an activist.][ In early 2004, Sfard opened his own office in ]Tel Aviv
Tel Aviv-Yafo ( he, תֵּל־אָבִיב-יָפוֹ, translit=Tēl-ʾĀvīv-Yāfō ; ar, تَلّ أَبِيب – يَافَا, translit=Tall ʾAbīb-Yāfā, links=no), often referred to as just Tel Aviv, is the most populous city in the ...
.[
Sfard has described ]Shulamit Aloni
Shulamit Aloni ( he, שולמית אלוני; 29 December 1928 – 24 January 2014) was an Israeli politician. She founded the Ratz party, was leader of the Meretz party, Leader of the Opposition from 1988 to 1990, and served as Minister of Edu ...
as a "major influence" who introduced him through her activities to the world of human rights in Israel.[
Sfard's has expressed his views on the role the ]media
Media may refer to:
Communication
* Media (communication), tools used to deliver information or data
** Advertising media, various media, content, buying and placement for advertising
** Broadcast media, communications delivered over mass e ...
play in his work. He feels that "the media are an important part of the work. They are a tool." In addition, he said that media can influence or create the debate. But, he also said that "I, as any lawyer, have a fear of cameras entering the sanctified zone between the lawyer and the client."[
Articles by Sfard have been published by '' Haaretz'',][
*
*
*
*
*
*
*
] ''The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publish ...
'' and ''The Observer
''The Observer'' is a British newspaper published on Sundays. It is a sister paper to ''The Guardian'' and '' The Guardian Weekly'', whose parent company Guardian Media Group Limited acquired it in 1993. First published in 1791, it is the ...
''.
Sfard is the grandson of sociologist Zygmunt Bauman
Zygmunt Bauman (; 19 November 1925 – 9 January 2017) was a Polish sociologist and philosopher. He was driven out of the Polish People's Republic during the 1968 Polish political crisis and forced to give up his Polish citizenship. He emigrat ...
and writer Janina Bauman on his mother's side and of Communist Yiddish
Yiddish (, or , ''yidish'' or ''idish'', , ; , ''Yidish-Taytsh'', ) is a West Germanic language historically spoken by Ashkenazi Jews. It originated during the 9th century in Central Europe, providing the nascent Ashkenazi community with a ve ...
author David Sfard and Cinema Studies Professor Regina Dreyer on his father's side. His father Leon is a mathematician and his mother Anna Sfard is a Professor of Mathematics Education in the Department of Education at the University of Haifa
The University of Haifa ( he, אוניברסיטת חיפה Arabic: جامعة حيفا) is a university located on Mount Carmel in Haifa, Israel. Founded in 1963, the University of Haifa received full academic accreditation in 1972, becoming ...
.
His parents emigrated to Israel from Poland at the end of the 1960s, after they were involved in the University of Warsaw student rebellions against the Communist Government in 1968.
Legal activities
Sfard has represented a variety of Israeli and Palestinian
Palestinians ( ar, الفلسطينيون, ; he, פָלַסְטִינִים, ) or Palestinian people ( ar, الشعب الفلسطيني, label=none, ), also referred to as Palestinian Arabs ( ar, الفلسطينيين العرب, label=non ...
human rights and peace organizations, movements and activists at the Israeli Supreme Court
ar, المحكمة العليا
, image = Emblem of Israel dark blue full.svg
, imagesize = 100px
, caption = Emblem of Israel
, motto =
, established =
, location = Givat Ram, Jerusalem
, coordina ...
.[ His clients are "mostly Palestinians who live in the West Bank and need permits to come into Israel."][
According to the ''New York Times'', he has brought many cases to challenge the Israeli occupation of the Palestinian territories, represented hundreds of Israeli soldiers who have refused to serve, with the work mostly being financed "by Israel's premier left-wing nonprofit organizations, which in turn are financed in part by European governments".][ Sfard and his law office provide legal counsel for ]Yesh Din
Yesh Din: Volunteers for Human Rights ( he, יש דין) is an Israeli organization working in Israel and in the West Bank. The organization was founded in 2005 by a group of women who previously worked with the organization Machsom Watch. The p ...
. Sfard is legal counsel for Peace Now
Peace Now ( he, שלום עכשיו ''Shalom Achshav'', ) is a non-governmental organization, liberal advocacy and activist group in Israel with the aim of promoting a two-state solution to the Israeli-Palestinian conflict.
Objectives/position ...
.[
Cases which Sfard has handled include:
* Sfard filed a petition on behalf of a group of Israeli Human Rights organizations against the IDF decision to reduce the size of the humanitarian "safety zone" during bombardments of Gaza.
* Sfard has litigated a case on behalf of the Israeli human rights organization Hamoked, against the "permit system" which governs the area between the separation fence and the 1949 armistice line.
* Sfard represented ]Peace Now
Peace Now ( he, שלום עכשיו ''Shalom Achshav'', ) is a non-governmental organization, liberal advocacy and activist group in Israel with the aim of promoting a two-state solution to the Israeli-Palestinian conflict.
Objectives/position ...
in a petition against settlement outposts. Sfard litigated the case for the demolition of nine houses built illegally on Palestinian private land, in the outpost known as " Amona". He also litigates the case in which Peace Now demands to evacuate an outpost called " Migron".
* A case involving the International Solidarity Movement
The International Solidarity Movement (ISM) is a Palestinian-led movement focused on assisting the Palestinian cause in the Israeli–Palestinian conflict. ISM is dedicated to the use of nonviolent protests and methods only. The organization ...
's Brian Avery, who was wounded during the course of his activities in Jenin. Avery was injured in the head by IDF soldiers. Avery accepted a settlement for NIS 600,000 (USD $150,000) from the state of Israel in exchange for dropping the lawsuit. Shlomo Lecker was his Israeli lawyer and Sfard represented him as well.
* Sfard and co-counsel Carmel Pomerantz, represented 17 Bedouins
The Bedouin, Beduin, or Bedu (; , singular ) are nomadic Arab tribes who have historically inhabited the desert regions in the Arabian Peninsula, North Africa, the Levant, and Mesopotamia. The Bedouin originated in the Syrian Desert and Ar ...
, who lived near Beer Sheva , claiming the land they were on, including Al-Araqeeb
Al-Araqeeb ( he, אל-עראקיב) is an unrecognized village of the Al-Turi Arab Bedouin tribe, five miles (8 km) north of Beersheba demolished and rebuilt over 197 times. Gideon Levy and Alex Leva'Drafting the blueprint for Palestinian ...
, belonged to them rather than to the State of Israel. The judge ruled in favor of the State saying that the land was not "assigned to the plaintiffs, nor held by them under conditions required by law" and that they still had to "prove their rights to the land by proof of its registration in the Tabu". Furthermore, the judge said that the Bedouins knew they were supposed to register, but didn't, saying "although the complainants are not entitled to compensation, it has been willing to negotiate with them…it is a shame that these negotiations did not reach any agreement." The court ordered the Bedouins to pay legal costs of 50,000NIS.
Reception
''The New York Times'' described Sfard as "the left’s leading lawyer in Israel".
The New America Foundation
New America, formerly the New America Foundation, is a think tank in the United States founded in 1999. It focuses on a range of public policy issues, including national security studies, technology, asset building, health, gender, energy, educa ...
described Sfard as "Israel's pre-eminent legal expert on settlements and the challenges posed by the broader infrastructure of Israeli occupation to the daily life of Palestinians, to the two-state solution, to American policy and to Israel's democracy" and "Israel's most respected human rights lawyer".
In 2011, a settler from Kiryat Arba
:''This article is mainly about the modern Israeli settlement, not the biblical town''
Kiryat Arba or Qiryat Arba ( he, קִרְיַת־אַרְבַּע, , Town of the Four) is an urban Israeli settlement on the outskirts of Hebron, in the south ...
was indicted after calling for his assassination in an Internet posting.[
Israeli ]Knesset
The Knesset ( he, הַכְּנֶסֶת ; "gathering" or "assembly") is the unicameral legislature of Israel. As the supreme state body, the Knesset is sovereign and thus has complete control of the entirety of the Israeli government (with ...
Member Danny Danon
Danny Danon (Hebrew: דני דנון, born 8 May 1971) served as Israel’s 17th Permanent Representative to the United Nations, and currently serves as Chairman of the World Likud. Danon previously served as a member of the Knesset from the Liku ...
of the right-wing Likud
Likud ( he, הַלִּיכּוּד, HaLikud, The Consolidation), officially known as Likud – National Liberal Movement, is a major centre-right to right-wing political party in Israel. It was founded in 1973 by Menachem Begin and Ariel Sha ...
party accused Sfard of "trying to bypass democracy" through promoting ideas in the Israeli "legal system because his ideas are not welcome in Israeli society."
Gerald Steinberg, president of NGO Monitor
NGO Monitor (Non-governmental Organization Monitor) is a right-wing non-governmental organization based in Jerusalem that reports on international NGO activity from a pro-Israel perspective.
The organization was founded in 2001 by Gerald M. St ...
, said that Sfard "sees the courts as the way to force the changes that he perceives as necessary for Israel, t he doesn't convince the Israeli public. In any democratic process, you can't use just the legal system to impose an ideology."[
Naftali Balanson, Managing Editor of NGO Monitor, said Sfard "is at the center of the NGO industry that exploits the rhetoric of human rights in the context of the Arab-Israeli conflict."][
]
Books
* Dov Hanin, Michael Sfard, Sharon Rotbard, editors, The Refusenik Trials: The Military Prosecution of Hagai Matar, Matan Kaminer, Noam Bahat Shimri Tsameret, Adam Maor. The Military Prosecution of Yonatan Ben-Artzi, Babel, 2004.
*''The Last Spy'' (2007), the biography of the Soviet spy Marcus Klingberg, written by Klingberg with Sfard.
*''Homa v'mehdal'' (English title ''The Wall of Folly'') (2008), about the West Bank barrier
The Israeli West Bank barrier, comprising the West Bank Wall and the West Bank fence, is a separation barrier built by Israel along the Green Line and inside parts of the West Bank. It is a contentious element of the Israeli–Palestinian ...
, written by Reserves Brigadier General Shaul Arieli and Sfard.
*''The Wall and the Gate: Israel, Palestine, and the Legal Battle for Human Rights'' (2018)
References
External links
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{{DEFAULTSORT:Sfard, Michael
Living people
1972 births
Israeli lawyers
Hebrew University of Jerusalem Faculty of Law alumni
Alumni of University College London
People from Jerusalem
Israeli soldiers