Lawfare - Israeli-Palestinian Conflict

Israeli-Palestinian Conflict

The NGO Forum of the 2001 Durban Conference called for the "establishment of a war crimes tribunal" against Israel. NGOs have used universal jurisdiction statutes in Europe and North America to bring forward such cases. These statutes allow courts to preside over cases in which one or more of the parties (or events at issue) are foreign. In some countries, such as Spain, an NGO can apply to a court directly for an arrest warrant or to launch a criminal investigation without the knowledge or approval of the government. Prof. Gerald Steinberg, Chairman of the Political Studies Department at Bar Ilan University and President of NGO Monitor says that "NGOs manipulate international legal terminology and exploit the rhetoric of human rights to accomplish their political goals." Many cases have been brought forward against Israeli officials and those associated with Israel's military, accusing them of war crimes. These cases have been heard in both Israel and in other countries.

US Ambassador John Bolton has characterized Palestinian attempts to seek UN recognition for a state as "lawfare", because he accuses the Palestinian state of delegitimizing Israel.

Some supporters of Israel, such as Shurat HaDin (Israeli Law Centre), have been accused of using "lawfare" to get authorities to seize activist ships bound for Gaza (known as the "Gaza flotilla").

According to Canadian MP and former minister Irwin Cotler, the use of law to delegitimize Israel is present in five areas: United Nations, international law, humanitarian law, the struggle against racism and the struggle against genocide.

Joshua Mintz, writing in the Jerusalem Post in September 2011, referring to the Israel fears of lawfare, says that "it’s quite possible that Israel, at least within the legal landscape, may actually benefit from the Palestinian statehood bid." Douglas Bloomfield writes that "Palestinian lawfare against Israel could further isolate the Jewish state" as well as raise issues regarding overseas travel for Israeli leaders who might fear arrest on war crimes charges. In addition, Bloomfield suggested that "if Abbas goes ahead with waging lawfare, he will open a new stage in the conflict that is likely to set back the cause of peace."