Israel-Hamas War
186 Articles
Does the Int’l Criminal Court Impose Too Low a Standard of Proof to Arrest a Head of State?
Whether the International Criminal Court should require a higher standard of proof - than “reasonable grounds to believe" - before arresting a head of state.
The International Criminal Court’s Classification of Armed Conflicts in the Situation in Palestine
The Pre-Trial Chamber's classification of armed conflicts in Gaza and its implications for the Court's jurisdiction.
A Model Leahy Law Legal Memo on Assistance to Israeli Security Forces
A model Department of Defense action memo illustrates what a faithful application of the Leahy law to an alleged gross human rights violation in Israel would look like.
Nuts & Bolts of the International Criminal Court Arrest Warrants in the ‘Situation in Palestine’
What do the ICC's arrest warrants for Israeli PM Netanyahu and former Defense Minister Gallant mean in practice, what alleged crimes are they sought for, what happens next at the…
Beyond Law: When States Use Ethics to Excuse War Crimes
Until distorted ethical narratives are challenged, powerful states will continue to commit war crimes with impunity.
Days, Not Weeks: Gaza, Starvation, and the Imperative to Act Now
The humanitarian situation in Gaza has sharpened third states’ obligation to use their leverage now to reverse the trajectory, writes Dannenbaum.
In ICJ Advisory Opinion on Israel in the Occupied Palestinian Territory, Separate Opinions Obscure Legal Rationale
The Advisory Opinion marks an important development in international law. It is therefore disappointing that this development occurs ex cathedra and in a manner that reveals so…
Do Sanctions Work? It Depends. Burma and the West Bank Might Be Models.
The question shifts the focus from the far more critical issues of whether policy goals are clear and realistic and if sanctions can help.
Making Sense of International Law in Light of Israel and Iran’s Latest Round of “Retaliation”
The current round of retaliatory strikes between Israel and Iran casts light on Israel's and Iran’s opposing political strategies, which also have significant legal implications…
Physicians and the Push for Accountability for Alleged Abuse of Gazan Prisoners Detained by Israel
Torture and inhuman treatment of detainees are war crimes. They also put medical staff in a severely compromised ethical position.
Toward a Fuller Understanding of the U.S. (and Israeli) Legal Objections to ICC Arrest Warrants for Netanyahu and Gallant, Part II
An analysis of the view that the ICC lacks jurisdiction to try Israeli nationals for conduct in the Gaza Strip.
Toward a Fuller Understanding of U.S. Legal Objections to ICC Arrest Warrants for Netanyahu and Gallant, Part I
An analysis of the view that ICC arrest warrants against Prime Minister Benjamin Netanyahu and Minister of Defense Minister Yoav Gallant are premature.