On 5-9 July 2021, EJIL:Talk!, an influential international law blog, hosted a symposium on “Apartheid in Israel/Palestine," specifically focused on Human Rights Watch’s (HRW) April 2021 publication, A Threshold Crossed.
Uncomfortable truths: how HRW errs in its definition of “Israeli apartheid”, what is missing, and what are the implications?
NGO Monitor Legal Advisor Anne Herzberg and Barrister Joshua Kern analyze HRW's report on apartheid.
Anne Herzberg discusses how international legal scholars seek to reframe laws of armed conflict.
The March 3, 2021 decision of the Prosecutor of the International Criminal Court to open a full investigation of the “Situation in Palestine” has prompted responses advising the Israeli government to take a more cooperative approach toward the Court. Yet there are a number of strong strategic, diplomatic, and legal arguments for not cooperating.
NGO Monitor provides answers to commonly asked questions regarding the ICC and the NGO campaign targeting Israel.
Submission of NGO Monitor for the Biennial Report of the Secretary General on 'Strengthening United Nations action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity'
Lex Generalis Derogat Legi Speciali: IHL in Human Rights Regulation of Military Courts Operating in Situations of Armed Conflict
The operation of military courts is clearly allowed for and, in some cases, mandated by international humanitarian law (IHL). Nevertheless, the use of military courts has been one of the most controversial and hotly debated areas of human rights. Despite the ostensibly exclusive military domain, many human rights bodies have registered significant scepticism towards this type of justice.
Anne Herzberg examines the Magnitsky Act as a tool to fight human rights abuses.
Anne Herzberg reviews Steven E. Zipperstein's book on law in the Arab–Israeli conflict.
בעוד אחריות תאגידית היא חיונית ביותר וממשלות צריכות לחזק את החוקים כדי להגן על זכויות עובדים, סביבה, ילדים, משאבים בסכסוך ועבדות מודרנית, היוזמה השווייצרית מכוונת הרבה מעבר לכך ואף מזיקה יותר מאשר מועילה
מלבד הניצול הציני של תחום האחריות התאגידית ע"י גורמים פוליטיים רק כדי לתקוף את ישראל, ההשלכות של היוזמות החדשות עלולות ליצור חוסר ודאות משפטי ולהשפיע באופן נרחב על יחסי הסחר בין ישראל לאירופה
Anne Herzberg discusses the UN's BDS blacklist of companies.
NGO Monitor Submission to the Committee to review the Guidelines for Observation and Exclusion of Companies from the Government Pension Fund Global
The Institute for NGO Research presents this submission to the Committee in advance of its review of the Guidelines for Observation and Exclusion of Companies from the Government Pension Fund Global (GPFG).
Submission to the Working Group on Business and Human Rights Project on Business in Conflict and Post-conflict Contexts: Corporate Due Diligence in Situations of Armed Conflict
Anne Herzberg brings this submission to the Working Group on Business and Human Rights to assist it in formulating recommendations regarding the implementation of the UN Guiding Principles in conflict and post-conflict situations to be presented to the UN General Assembly in October 2020.
There is a growing phenomenon of UN Treaty Bodies violating their mandates, as part of discriminatory anti-Israel campaigns.
NGO Monitor submits a briefing to the ICC regarding the "Situation in the State of Palestine."
Anne Herzberg discusses the UNHRC's request for funding.
Human Rights Watch (HRW), Amnesty International (Amnesty), and other like-minded organisations have become major actors in the world of international humanitarian law (IHL). Every year they issue hundreds of publications purporting to document violations and to promote IHL enforcement. These publications are ubiquitously cited in the media, and used as source material for governmental and United Nations inquiries, quasi-judicial bodies, the International Criminal Court, academic studies, and other frameworks.
Anne Herzberg discusses the United States leaving the United Nations Human Rights Council and the NGO involvement in the council's prejudicial history relating to Israel.
Anne Herzberg argues that UN Secretary General Guterres has taken steps to begin repairing the relationship between Israel and the UN but more forceful steps still need to be taken.
Anne Herzberg points out the decision to deny BDS activists entry to Israel and the amendments to the law must be seen in context.
Anne Herzberg reviews a paper by Prof. Eugene Kontorovich's, highlighting the double standards of Amnesty International and Human Rights Watch.
Although they lack the military expertise and knowledge of international humanitarian law to do so, NGOs make allegations and claims against military decisions made in the interest of defense and security.
Anne Herzberg describes the hypocrisy of the UK's protecting its soldiers from claims against them in British courts, while funding the very same campaign against Israel.
Anne Herzberg argues that proper due diligence regarding submissions by highly politicized NGOs to the United Nations Committee Against Torture review of Israel is essential.
Anne Herzberg calls upon the United Nations Human Rights Council to cease from appointing blatantly anti-Israel candidates to high positions, and instead abide by its principles of impartiality and fairness.
Anne Herzberg calls upon the UN and EU to commit to their claims of neutrality, and stop financing and promoting the whitewashing of Palestinian violence.
Anne Herzberg and Rachel Hirshfeld claim that the International Day of Solidarity with the Palestinian People provides fuel for the virulent anti-Israel political warfare campaign that continues to gain momentum within the corridors of the UN.
Anne Herzberg demonstrates that funds going to politicized NGOs from European governments through the Human Rights Secretariat are being used to demonize Israel and erase the context of the current wave of Palestinian terrorism, justifying it as a "right of resistance"
הדו"ח על "צוק איתן" של האו"ם עומד להתפרסם ולא מדברים על ארגונים לא-ממשלתיים שעליהם הוא מסתמך. ארגונים אלה חסרים את המומחיות במבצעים צבאיים ולא מודעים למה שקרה בפועל, אך עדיין מטיחים האשמות חמורות בישראל
Anne Herzberg maintains that while the BOI summary of the 2014 Gaza war lacks transparency, its mandate was generally even-handed, did not declare Israel guilty in advance and, even if unintentionally, refutes the predominant NGO narrative.
Anne Herzberg maintains that while one would expect human rights and international justice NGOs and activists, who have campaigned on universal human rights issues for decades, to support the landmark decision of Sokolow v. PLO, their silence speaks volumes.
Anne Herzberg maintains that without professionalization and standardization, NGO fact-finding should be viewed as nothing more than politicized advocacy.
Anne Herzberg claims that given William Schabass anti-Israel record, it is no surprise that he was selected to draft a report that will undoubtedly conclude that Israel is guilty.
Anne Herzberg presents the numbers and statistics that NGOs do not publish in their simplistic narratives.
Anne Herzberg maintains that depraved exploitation and abuse of children as targets and weapons will not end so long as the UN, members of international community and NGOs continue to enable these atrocities.
Anne Herzberg maintains that the Norwegian government continues to provide tens of millions of kroner to organizations that actively promote BDS, campaign against the right of the Jewish people to self determination, and seek to undermine the Oslo Framework.
While the lack of rights and fundamental freedom for women is one of the most egregious manifestations of autocratic and oppressive regimes in the Middle East, prominent human rights NGOs fail to direct sustained attention to womens rights in this area of the world.
Israel was right last year to end contact with the UN Human Rights Council, and the reasons it gave then - its obsessive bias and double standards targeting the Jewish State -are just as relevant today.
The EU and European governments must openly and honestly explain to the Israeli public and their own taxpayers what motivates funding to highly politicized NGOs.
These groups use their humanitarian work as an opportunity to take partisan positions against Israel, using medical jargon and their reputations as medical experts to advocate on issues far removed from medicine in order to support Palestinian political goals.
The UN, HRW, and the other organizations that are responsible for the dysfunctional state of affairs at the Human Rights Council have no one to blame but themselves. If the collapse of UPR is what it takes to force real change at the HRC and to end the stranglehold of abusive regimes at that institution, it will be worth it.
Anne Herzberg analyzes the Rachel Corrie case, ISMs anti-human rights agenda, and how NGO activists will spin the verdict to promote BDS, lawfare, and further attempts to delegitimize the Israeli justice system.
Anne Herzberg and Jason Edelstein discuss Israel's Gaza policy in the wake of the release of Gilad Shalit and calls by NGOs to "lift the Gaza siege."
An in-depth report, documenting the central roles of groups such as the Palestinian Center for Human Rights (PCHR), Al Haq, and others in implementing strategies for the prosecution of Israelis.
Labeling Israel an apartheid state is closely linked to BDS campaigns and lawfare cases. Many NGOs falsely portray the Arab-Israeli conflict as a dispute motivated by alleged race-hatred of Arabs.