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Law & “Lawfare”

ICC Takes Anti-Israel Bias to New Heights by Evelyn Gordon, Commentary, November 28, 2018

Israel’s Next Northern War: Operational and Legal Challenges, Hybrid Warfare Task Force, The Jewish Institute for National Security Affairs, October 2018 (see also: Israel’s Next Northern War: Operational and Legal Challenges by Gen Michael Hostage, USAF (ret.) and Professor Geoffrey Corn, RealClear Defense, November 3, 2018)

Amid the looming backdrop of Israel’s next, unprecedentedly destructive, armed conflict with Hezbollah and potentially other adversaries including Iran, this new report from JINSA’s Hybrid Warfare Task Force examines how Israeli military operations will comply with the law of armed conflict (LOAC) even as Hezbollah intentionally exploits the same laws to stymie and delegitimize Israel’s self-defense operations.

ICC’s anti-Israel bias shows America is right to shun it by Evelyn Gordon, Jewish News Syndicate, September 26, 2018

A court that’s biased against one country can’t be trusted to eschew bias against others.

Laws of Armed Conflict in Gaza by John Toolan, RealClearDefense, August 14, 2018

Critics of nation-state law misunderstand Israel’s constitutional system by Evelyn Gordon, Jewish News Syndicate, August 1, 2018

The new law isn’t meant to be read in isolation, but in concert with other Basic Laws enshrining Israel’s democratic system and fundamental human rights.

European Court of Human Rights Rulings Indicate No “Right of Return” and That Gaza Isn’t Occupied by Bennett Ruda, Daled Amos, July 24, 2018

Israel on Trial: How International Law is Being Misused to Delegitimize the State of Israel by Matthijs de Blois and Andrew Tucker

Hypocrisy and hysteria by David M. Weinberg, Israel Hayom, July 13, 2018 [on Israel’s proposed “nation-state” bill]

The Many Ways Palestinians Violate International Law by Amb. Alan Baker, Jerusalem Center for Public Affairs, Jerusalem Issue Brief Vol. 18, No. 18, June 18, 2018

Israeli group seeks ICC action against Hamas for using children as human shields by Yair Altman, Jewish News Syndicate, April 25, 2018

Shurat Hadin Israel Law Center names three senior Hamas figures as war criminals, says Hamas should be made to answer in International Criminal Court; Case based on Rome Statute clause stating recruiting children under 15 to militant groups is war crime.

What Does the ICRC Say About Civilians Rioting in Support of a Military Objective? by Bennett Ruda, Daled Amos, April 25, 2018

The Status of Jerusalem in International and Israeli Law by Shmuel Berkowitz, The Jerusalem Center for Public Affairs, April 2018

Video: Asserting Israel’s Legal Rights to the Golan Heights (4’42”), Dore Gold, Jerusalem Center for Public Affairs, February 19, 2018

The Red Cross Destroys the Laws of War by Evelyn Gordon, Commentary, November 14, 2017

The warped bias of anti-Israel boycotts by Paul Miller, The Washington Times, October 26, 2017

Why anti-boycott, divestment and sanctions laws are moral and constitutional

Anti-boycott laws: Solid despite the wrinkles by Jacob Millner, The Times of Israel, October 23, 2017

Hijacking the Laws of Occupation by Amb. Alan Baker, Jerusalem Center for Public Affairs, Jerusalem Viewpoints No. 613, September 2017

If It Is Not There – It Does Not Exist by Abigail, Legal Forum for Israel, June 19, 2017

San Francisco State University Accused of Pervasive Anti-Semitism in Groundbreaking Federal Lawsuit Filed by Students and Members of the Jewish Community, The Lawfare Project, June 19, 2017

Jewish Law Day Analyzed BDS Within Legal Scope by Rachel Kurland, Jewish Exponent, April 13, 2017

Prof. Eugene Kontorovich on BDS “movement” and academic boycotts

Getting International Law Right on the Next Gaza War by Jamie Palmer, The Tower Issue #48, March 2017

International Legal Expert: Widespread Global Criticism of Settlement ‘Regulation Law’ Passed by Knesset Is Unwarranted by Barney Breen-Portnoy, The Algemeiner, February 9, 2017 (see also Israel’s Settlement Regulations Bill and International Law by Eugene Kontorovich, Just Security, December 20, 2016)

Close Settlement on the Land by Eugene Rostow, Jewish Policy Center: Part I, Part II, Part III (reprinted January 2017)

The BDS Movement: That Which We Call a Foreign Boycott, by Any Other Name, Is Still Illegal by Marc A. Greendorfer, Zachor Legal Institute, Roger Williams University Law Review, Vol. 22 No. 1, Winter 2017

Disorder in the Court by Evelyn Gordon, Mosaic, December 5, 2016 (a review of The Purse and the Sword: The Trials of Israel’s Legal Revolution by Daniel Friedmann, and the politics of Israel’s Supreme Court)

Audio: Northwestern Law Professor Challenges Israel Boycott State By State (Interview with Eugene Kontorovich, 17’29”), WBEZ, November 2, 2016

The Problem With Using the Tax Code to Punish Israeli Settlements by Eugene Kontorovich, Tablet, October 6, 2016

Why the push to revoke tax exemptions for groups supporting Jewish communities in the West Bank is unconstitutional

Israel’s Rights in the Territories under International Law by Amb. Alan Baker, Jerusalem Center for Public Affairs, September 7, 2016 (includes video, 5’53”)

Global Study of Settlements in Occupied Territories by Eugene Kontorovich, Northwestern University Law School, Northwestern Public Law Research Paper No. 16-20, September 7, 2016

A comprehensive academic study of the application of Article 49(6) of the Fourth Geneva Convention to international occupations of East Timor (by Indonesia), Western Sahara (Morocco), Northern Cyprus (Turkey), and other occupied territories.

Campus BDS and the law: First, do no harm by Ken Stern, Jewish Journal, June 21, 2016

Sorry BDS, Your Boycott Isn’t Free Speech by Daniel Pomerantz, HonestReporting.com, June 8, 2016

Video: Challenging Anti-Israel BDS in American Courts (55’28”, relevant portion starts at 26’05”), Prof. Steven Resnicoff and Brooke Goldstein, Torah Café, June 8, 2016

Just Warfare Entails Risk; Movie ‘Eye In The Sky’ Perverts Just War Laws by David Deptula and Joseph Raskas, Breaking Defense, May 16, 2016

Israel and “Palestine”: What International Law Requires by Louis René Beres, Gatestone Institute, May 12, 2016

Anti-Semitism and junk Constitutional law by Mark G. Yudof, The Times of Israel, April 1, 2016

Holding Disruptors Accountable by Yael Lerman Mazar, The Times of Israel, March 3, 2016

Are There Double Standards in Israel’s Application of the Rule of Law in the Territories? by Amb. Alan Baker, Jerusalem Center for Public Affairs, January 21, 2016

The ICC declares war on Israel by Avi Bell, The Times of Israel, July 16, 2015

Destroying International Law by Tying the West’s Hands by Evelyn Gordon, Commentary, June 26, 2015

European Court Decides that Israel Is Not Occupying Gaza by Marko Milanovic, EJIL: Talk!, June 17, 2015

Attorneys at War: Inside an elite Israeli military law unit by Willy Stern, The Weekly Standard, June 5, 2015

Business with occupied territories, Orange telecom, and the French approach to international law by Eugene Kontorovich , The Washington Post, June 4, 2015

Lawfare Project Applauds Senators’ Letter Urging Investigation into Discriminatory Policies of Middle East Airlines; Brings New Legal Analysis to Legislators, The Lawfare Project, May 28, 2015

A Legal and Operational Assessment of Israel’s Targeting Practices by Michael Schmitt and John Merriam, Just Security, April 24, 2015

Video: Israel’s Legal Founding (5’23”), Prof. Alan Dershowitz, Prager University, February 23, 2015

Battling Islamic Terror in the Courts by Paul Alster, The Jerusalem Report, February 23, 2015

Lawyer Nitsana Darshan-Leitner directs her campaign on behalf of the victims of terror at those who bankroll the perpetrators

The Palestinian Authority’s International Criminal Court Gambit: A True Partner for Peace? by Jonathan Schanzer, Congressional Testimony, House Foreign Affairs Committee Subcommittee on the Middle East and North Africa, February 4, 2015

The Case Against the International Criminal Court Investigating Israel by Alan M. Dershowitz, Gatestone Institute, January 23, 2015

New study of UN Resolution 242 could alter views of Israeli-Arab conflict by Yonah Jeremy Bob, Jerusalem Post, January 1, 2015

Five legal puzzles about occupation and settlements by Eugene Kontorovich, Washington Post, December 17, 2014

A Palestinian ICC gambit would reach far beyond parties to the conflict by Eugene Kontorovich, Washington Post, November 24, 2014

“When Gravity Fails”: my new article on Israel and the ICC by Eugene Kontorovich, The Washington Post, November 14, 2014

Everything You Need to Know about International Law and the Gaza War by David Daoud, The Tower Issue #18, September 2014

At last: Your comprehensive guide to the laws of armed conflict as they apply to Operation Protective Edge

Hamas’s Violations of International Law, The Lawfare Project, September 2014

Fighting terrorism under the rule of law by Alan M. Dershowitz, Boston Globe, September 14-18, 2014: A 5-part series (Human Shields, Sept. 14; Surveillance, Sept. 15; Terrorist detentions, Sept. 16; Targeted killings, Sept. 17; and Justified torture, Sept. 18)

Has Hamas Overplayed Its Lawfare Strategy? by Charles J. Dunlap, Jr., Just Security, August 5, 2014

Effective Control and Accepting ICC Jurisdiction by Eugene Kontorovich, Opinio Juris, August 4, 2014

The Latest Hamas-Israel Confrontation — Some Pertinent Legal Points by Amb. Alan Baker, Jerusalem Center for Public Affairs, Jerusalem Viewpoints No. 602, July 24, 2014

Questions of legal warfare by Ido Rosenzweig, Times of Israel, July 13, 2014

Getting the law right on the Israel-Hamas conflict by Laurie R. Blank, The Hill, July 11, 2014

Israeli Settlements Are Not Illegal by Michael Curtis, American Thinker, July 9, 2014

Boycotts, Divestment, Sanctions and the Law by Jonathan Turner and Anne Herzberg, Justice Magazine, Issue 54, July 7, 2014

The Early Roots of Anti-Israel Lawfare by Andrew Harrod, FrontPage Magazine, June 24, 2014

Crimea, International Law, and the West Bank by Eugene Kontorovich, Commentary, June 1, 2014

“Apartheid”? Blame the Geneva Convention by Evelyn Gordon, Commentary, May 8, 2014

Terrorism Claims Over ‘Occupied Palestine’ Fail by Elizabeth Warmerdam, Courthouse News Service, May 7, 2014

Israel’s boycott law passes the U.S. test by Eugene Kontorovich, Times of Israel, April 25, 2014

Video: Melanie Phillips: “Hijacking Human Rights Law” (56’34”), The Lawfare Project, March 20, 2014

The European war on Israel’s courts by Anne Herzberg, Jerusalem Post, March 1, 2014 (full report: Exploiting Justice: How the UK, EU, & Norway Fund NGO Lawfare vs. Israel, NGO Monitor, February 20, 2014)

Challenging the Long-Held Notion That Israeli Settlements Are ‘Illegal’ by Sharona Schwartz, The Blaze, February 24, 2014

The Woman Who Makes the Jihadis Squirm by David Hazony, The Tower, February 2014

Inappropriate Use of the Fourth Geneva Convention: Protection of Civilian Persons in Time of War Does Not Effect Jewish Rights to the Land of Israel by Eli E. Hertz, Myths and Facts, January 22, 2014

The legal case for Judea and Samaria by Nadav Shragai, Israel Hayom, December 13, 2013

“For years, the world has regarded Judea and Samaria as Palestinian territory illegally occupied by Israel.  But now a group of hundreds of jurists from Israel and abroad is fighting back in the battle for the historical and legal truth.”

International law and Judea and Samaria: It’s time to return to the facts by Yair Shamir, Jerusalem Post, November 24, 2013

Inappropriate Use of the Fourth Geneva Convention: Protection of Civilian Persons in Time of War by Eli E. Hertz, Myths and Facts, November 15, 2013

Targeted killing and the law – who is a legitimate target and when is the target legitimate? by Amos Guiora, Foreign Policy Research Institute, November 2013

The complex legality of settlements by Peter Wertheim, The Jerusalem Report, September 15, 2013

The Palestinian Wrong Of Return: Demystifying the Legal Basis of the “Right of Return” and Analysing “Refugee” Numbers by Cliff Pinto, Times of Israel, August 2, 2013

MHoward Grief: The Legal Foundation and Borders of Israel under International Lawanipulating International Law as Part of Anti-Israeli “Lawfare” by Robbie Sabel, Jerusalem Center for Public Affairs, Jerusalem Issue Brief Vol. 13, No. 16, June 2, 2013

Jurisdiction over Israeli Settlement Activity in the International Criminal Court by Eugene Kontorovich, Northwestern Law & Econ Research Paper No. 13-10, March 9, 2013 [see also video, The Legal Case for Israel (45’57″), November 2012]

Israeli Settlements’ Legal Basis by Alan Baker, USA Today, January 23, 2013 (see also Settlements: Are they legal?, a compilation of analyses and source materials)

International humanitarian law, ICRC and Israel’s status in the Territories by Alan Baker, International Review of the Red Cross, Volume 94, Number 888, Winter 2012

Israel’s Legal Case: A Guidebook by  Avinoam Sharon,  Dore Gold,  Alan Baker,  Jeffrey Helmreich,  Robbie Sabel,  Laurence E. Rothenberg,  Abraham Bell,  Yehuda Z. Blum,  Ruth Lapidoth , Jerusalem Center for Public Affairs (JCPA), 2012

 This volume by recognized experts from Israel and abroad outlines Israel’s legal case on key issues of international law. As questions are raised over the legitimacy and morality of Israel’s actions, the authors in this volume see Israel’s actions as firmly rooted in international law. These scholars present well-reasoned responses to the charges of “occupation,” “apartheid,” and “colonialism.” They also discuss the legal status of Israeli settlements, the West Bank security fence, and Israel’s borders.

The law of belligerent occupation in the Supreme Court of Israel by David Kretzmer, International Review of the Red Cross, Vol. 94 No. 885, Spring 2012 (see also Google eBook, The International Law of Occupation by Eyal Benvenisti, Oxford University Press, February 2012)

Ethiopian Israelis, the right of return, and accusations of racism by Adam Levick, CiF Watch, October 14, 2010

Many countries provide immigration privileges to individuals with ethnic/familial ties to these countries (so-called ”leges sanguinis”). As examples: Bulgaria, Belgium, Estonia, Finland, Germany, Greece, Hungary, Iceland, Ireland, Japan, Poland, Romania, S. Korea, Spain, Turkey, and Ukraine, all have citizenship laws based partly or largely on this principle – that is, a Right of Return of sorts for people determined to share a preferred common national trait. Apart from France, ”jus sanguinis” still is the preferred means of passing on citizenship in many continental European countries, with benefits of maintaining national unity (while not in any way necessarily denying equal civil rights for minorities within the country who have citizenship, but who don’t share such traits). So, in fact, Israel is not at all unique in seeking to maintain a nation unified by a citizenry who share a similar historical memory and a common sense of political & moral destiny.

European Court of Human Rights on “Right of Return” for Refugees by Shane Hensinger, International Security at the Josef Korbel School, March 16, 2010 [ruling on 1974 Greek refugees in Cyprus]

Preserving a Legal Inheritance: Jewish Settlement Rights in the “Occupied Palestinian Territories” by Gerald Adler, The Journal Online (the Law Society of Scotland), September 14, 2009

A Bitter Irony by Eugene Kontorovich, New York Sun, February 13, 2008

“[W]hatever one may think of the legal status of Jewish communities in the West Bank in general, the “unauthorized” settlements raise no issues under international law.”

Legal Rights and Title of Sovereignty of the Jewish People to the Land of Israel and Palestine under International Law by Howard Grief, NATIV Online, Vol. 2, 2004 (a longer version is a book, The Legal Foundation and Borders of Israel under International Law: A Treatise on Jewish Sovereignty over the Land of Israel)

International Law and the Arab-Israeli Conflict by Julius Stone, updated 2003 [pdf]

Israeli Settlements and International Law, Israel Ministry of Foreign Affairs, May 2001

Historical Approach to the Issue of Legality of Jewish Settlement Activity by Eugene W. Rostow, The New Republic, April 23, 1990

The Jewish right of settlement in the West Bank is conferred by the same provisions of the Mandate under which Jews settled in Haifa, Tel Aviv, and Jerusalem before the State of Israel was created. [….] Many believe that the Palestine Mandate was somehow terminated in 1947, when the British government resigned as the mandatory power. This is incorrect. A trust never terminates when a trustee dies, resigns, embezzles the trust property, or is dismissed. [….] The controversy about Jewish settlements in the West Bank is not, therefore, about legal rights but about the political will to override legal rights.

What Weight to Conquest? by Stephen M. Schwebel (Excerpts from article first published in American Journal of International Law (1970), 64)