Tag Archives: Hamas
Israeli Accountability to Civilians: World Central Kitchen Part II

In this second of a series of columns on Israel’s strike on the World Central Kitchen convey, Illinois Law professor Lesley M. Wexler explores the lack of individual remedies available to the victims of the strike and other civilian casualties in Gaza, particularly focusing on the limitations of tort liability, solatia, and condolence payments, and the UN Register of Damages. Professor Wexler argues that while these avenues for compensation are currently unavailable or unlikely to be pursued by Israel, the question of individual compensation for civilian victims should be addressed as part of a future political resolution to the Israel-Hamas conflict.

World Central Kitchen Strike, Part I: Investigation and Possible War Crimes

Illinois Law professor Lesley M. Wexler discusses Israel’s attack on a World Central Kitchen humanitarian aid convoy in Gaza, the subsequent investigation, and the limited accountability measures taken by Israel in response. Professor Wexler argues that Israel should pursue more serious criminal accountability and undertake a systematic review of its actions during the Israel-Hamas conflict to address concerns about transparency, neutrality, and compliance with the laws of war, particularly regarding the protection of civilians and aid workers.

Assessing the Legality of Israel’s al-Shifa Hospital Complex Operation

Illinois Law professor Lesley M. Wexler examines the legality of Israel’s military operation at the al-Shifa hospital complex in Gaza during the Israel-Hamas war, focusing on specific allegations such as attacks on the hospital, the killing of Faiq Mabhouh, civilian protections, and treatment of journalists and medical staff. Professor Wexler argues that while the legality depends on contested facts that warrant further investigation, hospitals can lose protection if used for military purposes, and the treatment of protected persons like journalists and medical staff raises serious legal concerns under international humanitarian law.

The Laws of War

NYU Law professor Samuel Estreicher defends Israel’s right to self-defense against Hamas, arguing that its actions in Gaza comply with international humanitarian law, particularly the principles of military necessity, distinction, and proportionality. Professor Estreicher refutes claims that Israel is an “occupying power” in Gaza and that the right of self-defense does not apply to non-state actors like Hamas, comparing Israel’s military actions to those of the U.S. against al-Qaeda and ISIS.

Pay for Slay?

Illinois Law professor Lesley Wexler discusses the decision by Hamas to pay funds to those wounded and to the families of those killed by Israeli military forces and considers whether such payments ought to be condemned as “pay for slay” disbursements. Wexler concludes that due to the unconditional nature of the offer, at least some payments made by Hamas might be appropriate because they are not conditioned on affiliation with or motivation by Hamas’s military wing.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more