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.
Cornell law professor Sherry F. Colb comments on a recent decision by the Supreme Court of Israel holding that people who have undergone Conservative or Reform conversions in Israel qualify as Jews under the Israeli Law of Return. Professor Colb explains the significance of this decision and explores some of the downsides that remain in the Israeli approach to who counts as a Jew.
NYU law professor Samuel Estreicher and JD candidate George Bogden, PhD, comment on a recent filing by the Prosecutor of the International Criminal Court (ICC) asking the court to exercise jurisdiction and grant permission to pursue an investigation of alleged war crimes in the West Bank and the Gaza Strip. Estreicher and Bogden argue that because Israel is not a state party to the action and Palestine is not a state recognized by international law, the ICC lacks territorial jurisdiction under the Rome Statute.
Cornell law professor Joseph Margulies discusses a comment within a speech by Professor Marc Lamont Hill that sparked recent controversy and led to his termination as a political commentator at CNN. While critics claim Professor Hill’s speech implied a desire for the complete and total destruction of the State of Israel, Margulies argues that focusing on one line in a much longer speech is insufficient to glean the true meaning behind Hill’s message.
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.
Cornell University law professor Michael C. Dorf comments on a recent decision by the Israel Supreme Court holding that the government’s policy of exempting Haredim (ultra-Orthodox Jews) from military service was unconstitutional discrimination. Dorf describes the background of the legal system in Israel and explains how the relationship between the court and the elected officials in that country might inform judicial review in other democracies.
