Lawfare and International Law

Lawfare is the exploitation of courts and international law to harass Israeli officials and corporations that do business with Israel and advance false charges of “war crimes,” “crimes against humanity,” and other alleged violations of international law.

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The Role of NGOs in Supporting the International Criminal Court (ICC) Investigation

Importantly, as part of the NGO Durban Declaration and accompanying BDS campaigns, advocacy organizations have sought to turn the ICC into a court of universal jurisdiction. Like their exploitation of the UN and other international frameworks, these NGOs seek to use the ICC for demonization and to brand Israeli officials as “war criminals.”

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NGO Amicus Briefs on ICC Jurisdiction: The Latest Lawfare Battlefield

NGO submissions to the International Criminal Court (ICC) involve highly flawed or invented legal arguments; deviation from the requirement limiting discussion to that of jurisdiction; revision and erasure of the historical record, including Palestinian terrorism; promotion of biased source material

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Bias in ICC Prosecutor Bensouda’s Meetings and Citations

In deciding to pursue an investigation of Israel, International Criminal Court (ICC) Prosecutor Fatou Bensouda met with a number of terror-tied organizations and groups promoting demonization campaigns targeting Israel. These non-governmental organizations (NGOs) are also cited in various ICC documents related to the investigation. It appears that Bensouda exclusively met and replied upon groups representing the Palestinian narrative, which is reflected in the significant bias in her analysis.

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Terror-linked and boycott promoting NGOs behind potential ICC investigation

On December 20, 2019, Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda announced that she intends to investigate alleged war crimes in the “State of Palestine.” This move is to a significant degree the product of consistent and heavy lobbying of the ICC for over a decade by NGOs.

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Gaslighting Gaza: Initial Analysis of UN Commission of Inquiry on Gaza Riots

On February 28, 2019, the UN Commission of Inquiry (COI) on the riots along the Israel-Gaza border, which began in March 2018, alleged that “Israeli soldiers committed violations of international human rights and humanitarian law… and may constitute war crimes or crimes against humanity.” The COI created a “confidential file” of “which is recommended be given to the International Criminal Court (ICC)” and to be used by governments to “consider imposing individual sanctions, such as a travel ban or an assets freeze.”

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