NYU Law professor Samuel Estreicher and 2L Matthew Fouracre exploree the legal and jurisdictional complexities surrounding the International Criminal Court’s issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, focusing on the challenges against the ICC’s jurisdiction and the implications of head of state immunity. Professor Estreicher and Mr. Fouracre argue that while the ICC’s jurisdiction is contested due to Palestine’s statehood status and international legal principles, the varying international responses underscore a broader debate on the enforceability of such warrants against high-ranking officials.

NYU Law professor Samuel Estreicher critiques the International Court of Justice’s decisions regarding provisional measures against Israel in the South Africa v. Israel case, focusing on the inadequacies and implications of labeling Israel’s actions as carrying a “risk of genocide” during the conflict in Gaza. Professor Estreicher argues that the ICJ’s low threshold for plausibility in its provisional measures jurisprudence and its failure to consider Israel’s humanitarian efforts have resulted in misleading accusations of genocide, exacerbating tensions and necessitating a more precise and coherent legal standard.

Illinois Law professor Lesley M. Wexler analyzes the legality of Israel’s pager and walkie-talkie strikes against Hezbollah under international humanitarian law, focusing on the Convention on Conventional Weapons (CCW) and the prohibition on unnecessary suffering. Professor Wexler concludes that while the strikes likely fall under the CCW’s definitions of “booby-traps” and “other devices,” the question whether they violate the prohibition on unnecessary suffering remains open, pending more detailed information about the injuries caused and the military necessity of the tactics used.

Illinois Law professor Lesley M. Wexler examines the legal implications of Israel’s alleged attacks on Hezbollah’s pagers and walkie-talkies in Lebanon, focusing on how these actions may be interpreted under the Convention on Conventional Weapons (CCW), particularly its provisions on booby-traps and other devices. Professor Wexler explores various interpretations of the CCW’s articles, questioning whether the attacks constitute booby-traps under the convention’s definition, whether they violate prohibitions on using apparently harmless objects as weapons, and whether they comply with restrictions on using such devices in civilian-populated areas. She suggests that while the attacks raise complex legal questions, their legality depends on specific interpretations of the CCW and broader principles of international humanitarian law.

NYU Law professor Samuel Estreicher and 3L Klara Nedrelow analyze the International Court of Justice’s July 19, 2024 advisory opinion on Israel’s policies in the occupied Palestinian territories, focusing on the dissenting opinion of Judge Julia Sebutinde. Professor Estreicher and Ms. Nedrelow argue that the ICJ’s opinion is one-sided and fails to consider the complexity of the Israeli-Palestinian conflict, emphasizing that a lasting solution requires carefully negotiated agreements between both parties rather than judicial recommendations based on incomplete narratives.

NYU Law professor Samuel Estreicher and 3L Klara Nedrelow discuss the International Court of Justice’s May 24, 2024 order granting additional provisional measures against Israel in response to South Africa’s request, including an analysis of the court’s decision and the separate and dissenting opinions of various judges. Professor Estreicher and Ms. Nedrelow highlight the inconsistencies and potential overreach in the court’s decision, emphasizing the lack of consensus among judges and questioning whether the ICJ has exceeded its jurisdiction under the Genocide Convention by ordering measures that may not be directly related to preventing genocide.

Cornell professor Joseph Margulies comments on a pro-Palestinian encampment set up by student activists at Cornell University, which the author views as a peaceful protest in line with the university’s stated values. Professor Margulies shares an opinion piece he wrote in the student newspaper, The Cornell Daily Sun, in which he criticized the university administration’s cold response to the encampment, arguing that the students’ demands for divestment, acknowledgement, disclosure, and absolution are just, and that Cornell is failing to live up to its reformist ideals by deriding the protesters and remaining silent on the issues they raise.

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.

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.

Cornell Law professor Michael C. Dorf discusses the recent conflict at Columbia University involving student protests, potential antisemitism, and the balance between free speech and protection from harassment on college campuses. Professor Dorf argues that while Title VI of the Civil Rights Act obligates colleges to prevent harassment, free speech should be more strongly protected in public campus spaces, and the sensitivities of observers should hold less weight there compared to other campus settings.

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.

NYU Law professor Samuel Estreicher and 3L Klara Nedrelow argue that the International Court of Justice (ICJ) incorrectly imposed provisional measures on Israel regarding its actions in Gaza, as it failed to establish even a preliminary basis for genocide intent required under the Genocide Convention. Professor Estreicher and Ms. Nedrelow contend that South Africa’s allegations lacked plausibility due to the absence of specific intent to destroy the Gazan/Palestinian people, a critical element for genocide, in contrast to previous ICJ rulings that required a higher burden of proof for genocidal intent.

Cornell professor Joseph Margulies describes his struggle with the polarized views on the Israel-Palestine conflict, and expresses feeling alienated for holding nuanced positions on both sides’ rights and criticisms. Professor Margulies emphasizes the universal right to dignity and respect over territorial or partisan victories, advocating for a perspective that transcends traditional binaries and focuses on shared humanity and the equal right to thrive.

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.

Law professor and economist Neil H. Buchanan argues that Democratic primary voters were not adamantly opposed to Joe Biden but preferred other candidates, and while his presidential nomination was initially disappointing for some, his decency and surprising policy actions have been a positive aspect of his presidency. Professor Buchanan draws an analogy between Biden’s empathetic support of his son’s struggles and his approach to foreign policy, especially in relation to Israel, suggesting that Biden’s personal experiences with empathy and loss have informed his measured, empathetic foreign policy stance, despite some critics wishing for a firmer response to Israeli actions.

Illinois Law professor Lesley M. Wexler explores the complexities of the concept of “proportionality” in the Israel-Gaza conflict, examining it both from the lens of international law and public opinion. Professor Wexler delineates two aspects of international law that govern proportionality: “jus ad bellum,” which speaks to when force is permissible, and the laws of war, which set guidelines for conduct during conflict. She emphasizes that while public debates often conflate legal and moral considerations, a nuanced understanding of existing international law is crucial for assessing the legality of actions in such conflicts.

Amherst professor Austin Sarat discusses the complex and often costly nature of exercising free speech, particularly in the wake of controversial statements made by universities and their students about the Hamas terrorist attack in Israel on October 7. Professor Sarat highlights the backlash faced by those who have spoken out, from university donors withdrawing support to law firms rescinding job offers, and he argues that while free speech is a right, it is not without significant repercussions—both socially and professionally.

Amherst professor Austin Sarat criticizes the response of U.S. college and university administrators to the October 7 Hamas attacks, highlighting perceived inconsistencies in their reactions to different forms of hatred and violence. Professor Sarat also explores broader issues around the treatment of Jewish students on campus, citing statistics on declining enrollment in Ivy League schools, increased incidents of anti-Semitism, and a lack of targeted diversity, equity, and inclusion initiatives for Jewish students.

NYU Law professor Samuel Estreicher and Hofstra Law professor Julian G. Ku argue that, with regard to recent armed hostilities in the Gaza Strip, Israel’s use of force likely conformed to applicable international laws of war and was legally justified, whereas Hamas’s actions repeatedly violated the core, bedrock principle that civilians cannot be targeted. Professors Estreicher and Ku point out that the presently known facts support the conclusion that Israel complied with customary international law, codified in the 1949 Geneva Conventions and their subsequent protocols: use of force is limited to (1) situations of military necessity; (2) where the use of force makes a distinction between combatants and non-combatants; and (3) where the use of force is proportionate to the concrete military objective sought to be achieved.

NYU Law professor Samuel Estreicher and Hofstra Law professor Julian G. Ku comment on a recent decision by a Pre-Trial Chamber of the International Criminal Court (ICC) ruling that the ICC’s jurisdiction extends to territory occupied by Israel during the 1967 Six Day War, namely, the West Bank, Gaza, and East Jerusalem. Professors Estreicher and Ku argue that the tenuous and legally unpersuasive nature of the ICC’s jurisdictional assertion in this case, as well as similarly aggressive findings over U.S. activities in Afghanistan, will only further weaken the tribunal’s overall international legitimacy going forward.