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.
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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On November 19, 2018, Airbnb issued a press release announcing it was “removing listings” in “Israeli settlements in the Occupied West Bank.” This change in policy was a clear result of a coordinated and well-financed campaign targeting the company by NGOs involved in BDS (boycott, divestment, and sanctions) campaigns against Israel.
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The Norwegian Refugee Council (NRC) has used millions of European taxpayer funds, primarily from the UK, for a campaign that exploits the Israeli justice system and is aimed at circumventing appropriate diplomatic channels.
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On April 3, 2018, Human Rights Watch (HRW) issued an “analysis” of the March 30, 2018 events along the Israel-Gaza border. Like other HRW responses, this latest publication lacks credible methodology and manipulates the presentation of facts and law to advance a political narrative rather than engage in professional human rights research.
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Palestinian minors are involved in a wide range of offences including murder, attempted murder and illegal possession of weapons. Key contributing factors are incitement by the Palestinian Authority and recognized terror groups, recruiting of children to engage in conflict and the glorification of violence, and large monthly payments (that increase based on the severity of the crime) by the Palestinian Authority to prisoners and their families.
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Military Court Watch is an opaque organization that claims to work on issues related to ensuring children are protected under international law. In reality, MCW’s activities are part of a broader non-governmental organization (NGO) propaganda campaign that exploits concerns over children’s rights to demonize Israel. The NGO was founded and is led by Gerard Horton, who was previously involved with the Palestinian NGO Defense for Children International – Palestine, which promotes a similar agenda.
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The Palestinian non-governmental organization (NGO) Addameer published “The Israeli Military Court System.” This report claims to present a number of faults with the Israeli justice system in the West Bank and implies that Israeli courts do not have the right to prosecute Palestinians committing acts of terrorism. The report goes on to make a number of false legal claims regarding the implementation of law and the Israeli military courts in the West Bank – emblematic of the NGO’s contextually, factually, and legally misleading campaigns.
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The recently published statement of the IDF Military Advocate General contradicts claims and conclusion of several NGOs and the UN Schabas/Davis Commission of Inquiry regarding specific incidents from the 2014 Gaza War.
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The briefing paper published by a coalition of over 40 NGOs is fundamentally flawed, includes faulty research, false premises, and distortions of international law.
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