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[Excerpt:]

"NGO Monitor’s law expert Anne Herzberg, meanwhile, warned that if diplomatic channels failed, "Israel could get enmeshed now in a messy trial." Thus far, she said, none of the international lawsuits filed against Israel have ever reached the stage of a court trial where the country’s defenders would have to argue before a foreign judge. Herzberg also expressed her belief that "the best thing is to keep hammering away on the diplomatic channels to get the government to act. It sounds like this could be a rogue judge. The timing with the Gaza war was very convenient, and this could be a way of expressing his opinion." She dismissed the judge’s conclusion that the case had never been probed in Israel, arguing that both Israeli and American courts had examined suits regarding the same incident. "The right to have an investigation isn’t the right to win, and these groups lose sight of that. Just because you lose didn’t mean you didn’t get a fair hearing," Herzberg argued, noting that the Palestinian Committee for Human Rights has filed the same case in many countries, including England and the United States."