Background Materials — Israel and Hamas

  • Relevant Treaties (in reverse chronological order)

  • ICC Documents (reverse chronological order)

    • Karim A. A. Khan, ICC Prosecutor, Statement from Ramallah on the Situation in the State of Palestine and Israel (Dec. 6, 2023). Available online.

    • Karim A. A. Khan, ICC Prosecutor, Statement from Cairo on the Situation in the State of Palestine and Israel (Oct. 30, 2023). Available online.

  • ICJ Documents (reverse chronological order)

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ, Request for the Indication of Provisional Measures: Order (Jan. 26, 2024). Available online, video.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ, Request for the Indication of Provisional Measures: Unofficial Summary (Jan. 26, 2024). Available online.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ, Request for the Indication of Provisional Measures: Separate opinion of Judge ad hoc Aharon Barak, Concurring in Part and Dissenting in Part (Jan. 26, 2024). Available online.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ, Request for the Indication of Provisional Measures: Concurrence Declaration of Judge Georg Nolte (Jan. 26, 2024). Available online.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ, Request for the Indication of Provisional Measures: Concurrence Declaration of Judge Dalveer Bhandari (Jan. 26, 2024). Available online.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ, Request for the Indication of Provisional Measures: Dissenting Opinion of Judge Julia Sebutinde (Jan. 26, 2024). Available online.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ, Request for the Indication of Provisional Measures: Concurrence Declaration of Judge Hanqin Xue (Jan. 26, 2024). Available online.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ CR 2024/2, Verbatim Record, Israel’s Oral Argument (Jan. 12, 2024). Available online, video.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ CR 2024/1, Verbatim Record, South Africa’s Oral Argument (Jan. 11, 2024). Available online, video.

    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ, Application instituting proceedings and request for the indication of provisional measures (Dec. 29, 2023). Available online.

  • Governments and Intergovernmental Organizations (reverse chronological order)

    • Press Release, HFAC, McCaul Declares Hamas Committed Acts of Genocide, Crimes Against Humanity, War Crimes—Calls Upon State Department to Determine Same (Oct. 19, 2023). Available online.

      Committee Chairman Michael McCaul (R-TX) accuses Hamas of atrocity crimes such as genocide, crimes against humanity, and war crimes. McCaul appears to apply Rome Statute definitions of these crimes.

    • Press Release, OHCHR, UN Expert Warns of New Instance of Mass Ethnic Cleansing of Palestinians, Calls for Immediate Ceasefire (Oct. 14, 2023). Available online.

      Francesca Albanese, U.N. Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, argues that Israel is responsible for war crimes including ethnic cleansing and forced displacement in the past. She argues that Israel’s actions since October 7th “would amount to ethnic cleansing.”

    • Press Release, SFRC, Risch: Hamas Has Committed Atrocities and War Crimes Against Israel (Oct. 12, 2023). Available online.

      Senator Jim Risch (R-Id) argues that Hamas has committed atrocity crimes including genocide. Further, Risch maintains that these atrocities were undertaken with the intent to destroy the state of Israel.

  • News Articles (reverse chronological order)

    • Claire Parker, Annabelle Timsit & Adam Taylor, What Qualifies as Genocide? Breaking Down the ICJ Case Against Israel, Wash. Post, Jan. 26, 2024. Available online.

    • Ishaan Tharoor, South Africa’s Genocide Case Against Israel Spotlights a Global Divide, Wash. Post, Jan. 26, 2024. Paywall.

    • Yair Rosenberg, What Did Top Israeli War Officials Really Say About Gaza?, The Atlantic (Jan. 21, 2024, updated Jan. 25, 2024). Paywall.

    • Adolfo Arranz, Jonathan Saul, Stephen Farrell, Simon Scarr & Clare Trainor, Inside the Tunnels of Gaza, Reuters, Dec. 31, 2023, available online.

      Explanatory graphic presentation of Hamas's extensive tunnel system under Gaza.

    • Steven Erlanger, Under Rules of War, “Proportionality” in Gaza Is Not About Evening the Score, N.Y. Times, Dec. 13, 2023. Paywall.

    • Enough Genocide Proof to Seek Netanyahu’s Arrest: French Lawyer, Anadolu Agency, Nov. 16, 2023. Available online.

      Gilles Devers denounced the ongoing Israeli actions in the Gaza Strip, saying that what is happening in Gaza is worse than Srebrenica. Devers has filed a complaint at the tribunal based in The Hague against Israel’s airstrikes in Gaza, accusing the country of genocide. According to him, the situation in Gaza is worse than what happened in Srebrenica in 1995, recalling that 8600 people were killed there during what was considered a genocide.

    • Israel–Palestine Crisis: Security Council Calls for Urgent, Extended Humanitarian Pauses in Gaza, UN News, Nov. 15, 2023. Available online.

      Detailing the U.N. Security Counsel vote on the situation in Gaza. The Security Counsel passed resolution 2712 that called for the “immediate and unconditional release of all hostages held by Hamas and other groups, especially children, as well as ensuring immediate humanitarian access.” Additionally, the resolution “calls on all parties to refrain from depriving the civilian population in Gaza of basic services and aid indispensable to their survival, consistent with international humanitarian law.”

    • Amanda Taub, The Laws of War Have Limits. What Does That Mean for the Hamas-Israel War?, N.Y. Times, Nov. 2, 2023. Paywall.

    • Yonah Jeremy Bob, ICC Puts Burden on Israel to Prove Hamas Uses Human Shields—Analysis, The Jerusalem Post, Oct. 31, 2023. Available online.

      The statement by Prosecutor Kahn that Israel must provide evidence that Hamas was using human shields in civilian locations indicates that the ICC is much more involved in the Israel–Palestine conflict than top Israeli officials would hope.

    • David French, Editorial, What It Would Mean to Treat Hamas Like ISIS, N.Y. Times, Oct. 12, 2023. Available online.

      While Israel is justified in treating Hamas like a terrorist organization, it is still bound by the law of armed conflict. French analogizes the task to trying to purge ISIS from Mosul Iraq in 2016.

    • Mark Kersten, Opinion, The ICC Prosecutor Needs to Break His Silence on Israel–Palestine: Prosecutor Khan Cannot Stop the Violence on His Own, but He Still Has a Role to Play, Al Jazeera, Oct. 12, 2023. Available online.

      It is in the best interest of the ICC and the OTP to speak up and condemn the violence and potential war crimes and crimes against humanity that have occurred recently in the Israel–Palestine conflict. Although Prosecutor Khan saying something will not stop the violence altogether, victims deserve to know that the ICC is on their side. At the very least, it does not hurt to release a statement in an attempt to deter continuance of the violence.

    • Amanda Taub, Israel, Gaza and the Laws of War: International Law Offers a Framework for How to Analyze What Is Happening, N.Y. Times, Oct. 12, 2023. Paywall.

    • Noura Erakat, Opinion, How Should the US Respond to the Israel–Palestine Crisis?, The Guardian, Oct. 10, 2023. Available online.

      Contending that the United States is a central part of the problem fomenting instability afflicting Palestinians and Israelis, as evidenced by its response to the Hamas’s attack on October 7th. “The White House described the attack as ‘unprovoked,’ thus deliberately eliding decades of structural violence against Palestinians. […] The pathway to a durable peace is lifting the siege, ending the occupation, and dismantling Israeli apartheid.”

  • Non-Governmental Organizations (NGOs) (reverse chronological order)

    • International Commission of Jurists, Gaza/Palestine: States Have a Duty to Prevent Genocide (Nov. 17, 2023). Available online.

      Calling upon States to fulfill their obligations under the Genocide Convention by taking all reasonable measures to prevent genocide in Gaza.

    • Human Rights Watch, Lebanon: Israeli Strike an Apparent War Crime: Three Children, Grandmother Killed in Their Car (Nov. 14, 2023). Available online.

      Calling for a war crime investigation into an Israeli missle strike that hit civilians in their car. The article claims that the strike “shows a reckless disregard for civilian life” by Israelis.

    • David J. Scheffer, What International Law Has to Say About the Israel–Hamas War, Council on Foreign Rel. (Oct. 19, 2023). Available online.

      Hamas’s killing of at least 1400 civilians violated Article III of the Genocide Convention and Articles 7 and 8 of the Rome Statute. Although it is highly questionable whether Palestine is a State, “the ICC prosecutor will scrutinize its military actions in Gaza, the territory of a state party.” Israel, on the other side, must not use starvation, moreover, it must take every possible step to only target Hamas militants.

    • Backgrounder: Hamas, ADL (Oct. 10, 2023). Available online.

    • International Human Rights Clinic & Addameer, Apartheid in the Occupied West Bank: A Legal Analysis of Israel’s Actions (Feb. 28, 2022). Available online.

      Analyzing the legal regime enforced by Israel in the occupied West Bank that denies Palestinians their civil and political rights in violation of international law. Specifically, this article finds that Israel’s actions in the occupied West Bank are in breach of the prohibition of apartheid and amount to the crime of apartheid under international law.

  • Articles (alphabetical by author, then reverse chronological order)

    • Amal Ahmad, Land for Peace? Game Theory and the Strategic Impediments to a Resolution in Israel–Palestine, 34 DPE 385 (2023). Paywall, doi, earlier version available online.

      The persistence of the Israel–Palestine conflict is not contrary to, but rather aligned with, the interests of Israel, the militarily powerful party. This conclusion is reached through historical analysis combined with bargaining theory. Ahmad challenges the assumption that Israel is strategically interested in withdrawing from the occupied territories but is obstructed from doing so by violent Palestinians. The paper argues that this view does not align with the reality, as evidenced by the failure of resolutions like the Oslo Accords, which are based on the land for peace paradigm and rely on self-enforcement.

    • Lori Allen, The ICC in Palestine: Reasons to Withhold Hope, Carnegie Endowment (Feb. 17, 2021). Available online.

      Allen discusses the political complexity surrounding the ICC deciding it has jurisdiction over Palestine. Allen also argues that Israel needs to be held accountable.

    • Elise Baker, Hamas’s Actions Are War Crimes. Israel Should Not Respond With Further War Crimes, Atlantic Council (Oct. 16, 2023). Available online.

      Comparison between jus ad bellum and jus in bello and analysis of the four basic principles to minimize the impact of war on civilians. Hamas’s actions constitute war crimes. Analysis of Israel’s position in the conflict and how Israel possibly violates international law.

    • Clive Baldwin, HRW, How Does International Humanitarian Law Apply in Israel and Gaza? (Oct. 27, 2023). Available online.

      In the aftermath of Hamas’s attack on Israel, and Israel’s ensuing bombardment campaign of the Gaza Strip, there is much discussion, by both experts and non-experts, about international humanitarian law, the law governing armed conflict and military occupation, and its application in the current hostilities involving Israel and Palestinian armed groups.

    • Jarrah Balkees, HRW, Countries Should Back ICC Investigation on Israel–Palestine: Important Opportunity to Speak Up for Justice (Oct. 25, 2023). Available online.

      Balkees gives an overview of the lack of ICC involvement in the conflict thus far and urges the ICC to take a stance. She also argues that other countries should support the ICC taking action.

    • Susie Becher, Hell No, They Won’t Go… Unless We Make Them, Palestine-Israel J. (Oct. 23, 2023). Available online.

      Criticism on the failure of the Israeli government to protect and correctly assess the situation with Hamas.

    • Carla Del Ponte & Graham Blewitt, International Justice Must Serve Victims of Israel–Hamas War Atrocities: When It Comes to Palestine, the International Criminal Court’s Potential Is Yet to Be Realized, Politico (Nov. 9, 2023). Available online.

      The ICC has not exhausted its full potential in serving the victims of war atrocities in the Israel–Palestine conflict. The Prosecutor can do more, such as seeking arrest warrants for military and political leaders on both sides of the issue.

    • Tom Dannenbaum, The Siege of Gaza and the Starvation War Crime, Just Security (Oct. 11, 2023). Available online.

      In-depth legal analysis focused on the siege starvation of Gaza and how it may constitute a war crime under Articles 7 and 8 of the Rome Statute.

    • Shane Darcy, The World Court and the Spectre of Genocide: The ICC is Not the Only Hague Court With Jurisdiction Over Gaza, Just. in Conflict (Oct. 16, 2023). Available online.

      Unlawful acts committed by the IDF may not just lead to individual criminal responsibility but State responsibility, and thus to proceedings before the ICJ since the Convention on the Prevention and Punishment of the Crime of Genocide gives the Court jurisdiction over states responsible for genocide.

    • Paul De Waart, Israeli War Crimes in Gaza according to the Rome Statute of the International Criminal Court, Zaytouna Center (2009). Available online.

      Discussing the role of various states in the Israeli–Palestinian conflict and the actions of the International Criminal Court, specifically, jurisdiction in relation to war crimes.

    • Janina Dill, Law and Survival in Israel and Palestine, Just Security (Oct. 26, 2023). Available online.

      The role of international law in the current conflict, to what extent is Israel complying with international law, and what kind of self-defense can Israel and Palestine use.

    • Salam Fayyad, A Plan for Peace in Gaza: The Reforms That Could Allow the PLO to Lead and the Palestinian Authority to Govern, Foreign Aff. (Oct. 27, 2023). Available online.

      It is possible to reconstruct the Palestinian Authority in Gaza such that it can be in power after a peace agreement, but an effort by Israel to eradicate Hamas will just further radicalize the population.

    • Catherine Gegout, Israel, Hamas, War Crimes and the ICC, Social Europe (Oct. 24, 2023). Available online.

      The ICC has two measures at hand: deter further crimes by speaking out about the potential for prosecution or launch an investigation on potential war crimes committed by Israel and Palestine. Yet, the issues the ICC face going forward stem from a lack of financial support, lack of cooperation from Israel, and external pressure put on the ICC by other countries. Furthermore, at this moment in time, calls by state-parties for Hamas and Israel to respect international law have proven fruitless.

    • Rebecca Hamilton, Where Is the ICC Prosecutor? What ICC Prosecutor Khan Should Say About the Israel–Gaza Violence, Just Security (Oct. 11, 2023). Available online.

      Commenting on the (initial) silence of the Office of the Prosecutor after the October 7th attack. Hamilton stresses the importance of a timely statement to serve the goal of deterrence, the shaping of public thinking, and points to the OTP’s reaction within twenty-four hours after Russia’s invasion of Ukraine in February 2022.

    • Zaha Hassan & Yousef Munayyer, Approaching Peace: Centering Rights in Israel–Palestine Conflict Resolution, Carnegie Endowment (Apr. 29, 2021). Available online.

      Arguing for “rights-based approach” to the Israeli–Palestinian conflict. Authors argue there is an asymmetrical relationship between Israel and the Palestinian people, the U.S. should support equal protection for Palestinians, and that Israel has violated International law.

    • Gadi Hitman & Alona Istkovich, The Winner Does Not Take All: Lessons from the Israel–Hamas Conflict, 30 Mid. East Pol’y 24 (Sep. 2023). Available online, doi.

      Neither Israel nor Hamas has actually claimed a win that breaks the status quo in any of the three Israel/Hamas conflicts examined.

    • Samuel Helfont, A Dangerous New Phase in the Israeli–Palestinian Conflict, FPRI (Oct. 13, 2023). Available online.

      Israel wrongly assumed the appeasement of Hamas; now Israeli leaders face a dilemma. No good strategy exists to achieve the only politically acceptable objective.

    • Sigall Horovitz, Accountability of Hamas Under International Humanitarian Law, JCPA (Jun. 16, 2009). Available online.

      Examines which IHL norms are binding on Hamas in connection with its conflict with Israel. Identifies the IHL norms which were violated by Hamas and refer to available enforcement measures. Areas where normative or institutional developments are thought to be desirable are highlighted.

    • Shale Horowitz, Why Israel is Judged Differently, 30 Mid. East Q. (2023). Available online.

      Other national self-determination movements besides the Palestinians did not have the ultimate goal of seizing their future neighbor’s territory or destroying it completely, so Israel should be allowed to react differently than other responses to self-determination movements.

    • Richard Horton, Offline: Israel–Gaza—What Comes Next?, 402 The Lancet 1511 (Oct. 28, 2023). Available online, doi.

      More attention needs to be paid to the October 7th tragedy and the violent rule of Hamas in Gaza.

      But see, James Smith, Omar Abdel-Mannan, Izzeldin Abuelaish, Brenda Kelly & Nick Maynard, Palestine and Israel: For an End to Violence and the Pursuit of Justice, 402 The Lancet 1974 (Nov. 10, 2023). Available online, doi.

      Criticising Richard Horton’s October 28th comment about Israel and Gaza.

    • Yoav Kapshuk, Transitional Justice in the Israeli–Palestinian Negotiations: What Can Be Learned From the Colombian Case?, 14 JPD 73 (Apr. 2019). Available online, doi.

      Arguing transitional justice can be utilized in the Israeli–Palestinian conflict. Israelis should acknowledge Palestinian’s “right of return” and Palestinians should acknowledge the Israeli’s connection to the land of Israel. Additionally, the Palestinian refugee issue should be addressed, particularly through the creation of an international refugee fund.

    • Victor Kattan, Israeli Settlements, U.S. Foreign Policy, and International Law, 22 Insight Turkey 47 (2020). Available online.

      U.S. Secretary of State Mike Pompeo’s statement that Israel’s settlements are not contrary to international law caused international outrage as it marked a dramatic departure from previous U.S. statements on the legality of Israel’s West Bank settlements. Kattan argues that the announcement was connected to developments at the ICC where the Prosecutor, a month later, announced that there is a reasonable basis to initiate an investigation into alleged war crimes committed in Palestine by Israel and Hamas.

    • Jonathan Kuttab, The International Criminal Court’s Failure to Hold Israel Accountable, Arab Center Wash. DC (Sep. 12, 2023). Available online

      (“Although the International Criminal Court was established in 2002, it has never successfully been used to hold Israel to account for its abuses against the Palestinians. The ICC is the first permanent criminal court, and was intended to provide a forum for the prosecution of serious international crimes, including genocide, war crimes, and violations of the Geneva Conventions. Apartheid is also listed specifically as a crime subject to its jurisdiction under Rome Statute Article 7, making the Court especially relevant to the current situation in Israel and the Occupied Palestinian Territories.”).

    • Eyal Lewin, The Disengagement from Gaza: Understanding the Ideological Background, 27 Jewish Pol. Stud. R. 15 (Feb. 18, 2016). Available online.

      Discussing the Israeli–Palestinian conflict from an Israeli perspective based on the Gaza disengagement.

    • Alexander Loengarov, State of Investigation? The International Criminal Court and the “Situation in Palestine”, Wash. Inst. (Aug. 26, 2021). Available online.

      The author gives an overview of the legal context surrounding the Israeli–Palestinian conflict and argues that it is crucial to acknowledge the political context in which any allegations have been brought and that international criminal prosecution cannot, on its own, address the conflict.

    • Tanya Mehra, An Interview With Ben Saul on International Humanitarian Law in the Context of the Israel–Gaza Crisis, ICCT (Oct. 31, 2023). Available online.

      Saul explores both sides of culpability between Hamas and Israel. He describes Hamas’s pattern of violence as a possible war crime of intentionally spreading terror amongst a civilian population under customary international law. He also highlights that, under proportionality, Israel’s bombings could be considered disproportionate if they are found to be indiscriminate. He offers recommendations for pressuring both sides to follow international humanitarian law.

    • Abhinav Mehrotra & Amit Upadhyay, Unravelling the Israel–Hamas Conflict: A Historical Overview and Path to Peace, TGP (Oct. 21, 2023). Available online.

      Both Israel and Palestine are guilty of international law violations. Vital steps forward include the ICC potentially “exercising jurisdiction ratione loci over Palestinian territories encompassing the West Bank, East Jerusalem, and the Gaza Strip.” It is of utmost importance to support Israel and Palestine while avoiding selective outrage and calls for more violence.

    • Chantal Meloni, The War in Gaza: International Is Nothing if It Is Not Applied, Just. in Conflict (Nov. 3, 2023). Available online.

      The role of international law, especially the ICJ and the ICC in the current conflict, and how the law should be applied.

    • Mohammed Nijim, Genocide in Palestine: Gaza as a Case Study, 27 Int’l J. of Hum. Rts. 165 (2023). Paywall, doi.

      Arguing that Israel’s policies in Gaza since the siege (prior to October 7th) amount to a slow-motion genocide, viewing genocide as a social practice within a settler-colonial framework. The author uses interviews with Palestinian students, human rights reports, and sociological studies to support his claim.

    • Mary Ellen O’Connell, The Lessons of 9/11 for October 7, EJIL Talk (Oct. 28, 2023). Available online.

      Comparing the aftermath of the October 7th attacks and that of September 11, 2001 is apt for “the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.”

    • Daniel Pipes, Efraim Inbar & Martin Sherman, Is Disarming Hamas Israel’s Best Policy?, Mid. East Q. (2023). Available online.

      Arguing against the feasibility and effectiveness of disarming Hamas as a strategy for Israel. They contend that such a plan might not eliminate violence, may lead to unintended consequences such as strengthening the Palestinian Authority, and could lack practical and strategic merit. The authors propose alternative approaches, emphasizing the need for a comprehensive strategy that considers regional dynamics and prioritizes broader geopolitical challenges, particularly concerning Iran.

    • Len Rubenstein, The Rules of War and Human Rights in the Israel–Hamas War, JHSPH (Oct. 27, 2023). Available online.

      Discussing how laws governing war apply to health and human rights in the conflict to date.

    • Michael N. Schmitt, What Is and Is Not Human Shielding?, Articles of War (Nov. 3, 2023). Available online.

      Providing an analysis of the legal implications of “human shielding“, which the author concludes to be narrower than current public discourse may suggest. He identifies several instances of Hamas using human shields as a war tactic while simultaneously addressing Israel’s continuing responsibility to reduce civilian harm as much as possible and in accordance with its international obligations.

    • Michael N. Schmitt, The Evacuation of Northern Gaza: Practical and Legal Aspects, Articles of War (Oct. 15, 2023). Available online.

      Analyzing international law regarding Israel’s self-defense.

    • Raz Segal, A Textbook Case of Genocide, Jewish Currents (Oct. 13, 2023). Available online.

      Arguing that the actions of Israel clearly demonstrate that it is committing a genocide against Palestinians. He references the Genocide Convention that requires an intent to destroy a group collectively, not just individuals. By cutting off water, food, fuel, stating that “We’re fighting human animals,” and “We will eliminate everything,” Defense Minister Yoav Gallant demonstrates intent.

    • Yoav Shemer-Kunz, Annexation, Normalization and the Two-State Solution In Israel–Palestine, 5 Frontiers (Apr. 28, 2023). Available online, doi.

      Arguing that the Israeli government’s annexation policies in the West Bank, combined with a decrease in Palestinian support for a two-state solution, are complicating the Israel–Palestine conflict. The author emphasizes the importance of considering the views of Palestinians in Israel who are not part of the Palestinian statehood project. The author suggests that the current one-state reality, marked by unequal rights, challenges the feasibility of normalization and peace in the region.

    • Kaja Warnke, Borja Martinović & Nimrod Rosler, Territorial Ownership Perceptions and Reconciliation in the Israeli–Palestinian Conflict: A Person-Centred Approach, EJSP (Sep. 2023). Available online, archived, doi.

      Contending that individuals’ perceptions of territorial ownership strongly shape their attitudes toward reconciliation in the Israeli–Palestinian conflict. Recognizing and understanding these perceptions are deemed crucial for crafting effective strategies to foster reconciliation. The author underscores the role of territorial ownership perceptions as a pivotal factor in shaping intergroup relations, emphasizing its significance for conflict resolution efforts in the region.

  • Books (alphabetical by author)

    • John Dugard, Israel’s Impunity from Peremptory Norms, in Prolonged Occupation and International Law 199 (Mar. 2023). Paywall, doi.

      Discussing Israel’s actions as a violation of peremptory norms of international law.

    • Norman G. Finkelstein, I Accuse: Herewith A Proof Beyond Reasonable Doubt That ICC Chief Prosecutor Fatou Bensouda Whitewashed Israel (Oct. 1, 2019). Paywall.

      Criticizing former ICC Prosecutor Fatou Bensouda for refusing to investigate credible allegations of Israeli criminality. He specifically looks at the Mavi Marmara attack of May 31, 2010, where Israeli forces attacked a humanitarian flotilla bound for Gaza. He claims that the only way Bensouda could reach the conclusion that gravity did not meet the appropriate ICC standard is by misrepresenting the facts of the illegal Israeli blockade and the humanitarian catastrophe in Gaza.

    • Yaël Ronen, Recognition of the State of Palestine: Still Too Much Too Soon?, in Sovereignty, Statehood & State Responsibility 229 (Christine Chinkin & Freya Batens eds., 2015). Available online, doi.

      In the past, recognitions of statehood by the U.N. General Assembly that allowed accession to the International Criminal Court have always explicitly stated that they were finding “independence” or “statehood.” The ICC prosecutor should have the same standard as the U.N. Secretary-General but instead implied that the resolution was enough. Such a claim is problematic and the ICC should rely on unequivocal declarations of statehood.