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.

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.

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.

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.

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.

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.

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.