International law

IDF spokseman

Don’t Reward Hamas’s War Crimes

Adv. Avraham Shalev 23 Kislev 5784 | 6 December 2023

Hamas intentionally hides in Gazan hospitals, schools, and homes because it understands, perversely, that a higher Gazan casualty rate will bring about greater international pressure on Israel. Hamas’s exploitation of...

The “Swords of Iron” War and International Law

Adv. Avraham Shalev, Adv. David Peter 10 Kislev 5784 | 23 November 2023

Is it permissible to strike a hospital? When is it justified and proportional to harm noncombatants? What about humanitarian aid? How did other Western countries conduct war in similar...

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Hamas’ Use of Human Shields and Israel’s Response – Legal Aspects

Adv. Avraham Shalev 21 Heshvan 5784 | 5 November 2023

SummaryHamas’ use of human shields, including using hospitals and civilian objects to store weapons, launch attacks and place operations, is forbidden under international law and constitutes a war crime....

legal issues regarding a siege on Gaza

Prof. Avi Bell 5 Heshvan 5784 | 20 October 2023

Israel has a right under international law to impose a complete siege, which would be a land encirclement of the combat area of the Gaza Strip. Since Gaza has...

Israel’s government has a duty to use every lawful means of warfare to defeat Hamas

Prof. Avi Bell, Adv. Erielle Davidson 3 Heshvan 5784 | 18 October 2023

Israelis are still burying the 1,200 victims of the Saturday attack on southern Israel by Hamas, the Islamist terrorist group that seized power in Gaza in 2007. As the...

The Siege of Hamas Is No War Crime

Prof. Eugene Kontorovich 3 Heshvan 5784 | 18 October 2023

Israel’s critics level false war-crimes charges to keep the Jewish state from defending itself Most victims of the Oct. 7 massacre in Israel weren’t yet buried when some prominent international voices—including U.S....

Is it Legitimate for Parliament to Legislate Restrictions on Judicial Administrative Review?

Kohelet 28 Elul 5783 | 14 September 2023

An interesting judgement from the British court is of particular relevance to the discourse in Israel: Is legislation that deems some government agencies’ decisions immune to judicial review acceptable,...

The Fallacy and Danger of the ICC argument

Kohelet 10 Elul 5783 | 27 August 2023

Why the Threat of International Prosecution is both False and Harmful In two recent articles in Maariv and Israel Hayom, Adv. Avraham Shalev and Prof. Eugene Kontorovich reiterate the...

Judicial Reforms and the Threat of International Criminal Court Prosecution

Prof. Eugene Kontorovich, Adv. Avraham Shalev 29 Tammuz 5783 | 18 July 2023

The threat of International Criminal Court (ICC) prosecution has, in recent years, been repeatedly invoked by Israeli and foreign critics of various legislative proposals, including those with no connection to the...

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