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Boycotts, Divestment, Sanctions and the Law

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Boycotts, divestment and sanctions (BDS) could have an increasingly significant impact if the threat is ignored. Israel’s opponents are developing their tactics all the time and they may benefit from greater political and public support if Israel is blamed for a breakdown in negotiations with the Palestinians. They may also be bolstered if the International Criminal Court accepts the accession of “Palestine” as a “state”. Equally, the impact of BDS to date has been limited and has been exaggerated by its proponents. More importantly, much can be done by Israeli businesses and other actors to limit the potential future impact of BDS by prudent legal and commercial strategies.

This article seeks to review some of the legal implications of BDS and identify some arguments and strategies that can be developed in response to it.

About the Authors

Jonathan Turner

Jonathan Turner

Anne Herzberg

Anne Herzberg

Anne Herzberg is the Legal Advisor of NGO Monitor. She is a graduate of Oberlin College and Columbia University Law School. Prior to joining NGO Monitor, she worked as an attorney in New York. Her areas of research include business and human rights, international human rights law, the laws of armed conflict, universal jurisdiction, international fact finding, NGOs, and the UN.