Israel
363 Articles

Assessing Jus Ad Bellum Proportionality: A Factored Approach
Nine factors, considered in their totality, would provide a more nuanced understanding of jus ad bellum proportionality and assist States in identifying specific concerns with…

Humanitarian Notification in Gaza is Broken: How to Document and Respond When Things Go Wrong
Humanitarian notification has failed in Gaza. Better documentation and response systems can protect humanitarian actors and improve accountability.

Armed Conflict Classification in the ICC Prosecutor’s Request for Arrest Warrants – Between International Humanitarian Law and International Criminal Law
"The classification of different armed conflicts in the report is not a simple interpretation of the relevant rules, but an interpretive choice."

ICC Arrest Warrant Requests in the Palestine Situation and Complementarity Anxieties: Why a new notification to Israel beforehand was not needed
(Editor’s Note: This article is part of our new symposium on the ICC and the Israel-Hamas war.) The Prosecutor of the International Criminal Court (ICC) Karim Khan’s recent…

Israel and the Leahy Law
"For seven and a half years, I served as director of the State Department office that leads Leahy vetting of foreign security units. ... U.S. State Department spokespersons assert…

Russia’s Attacks on Ukraine’s Energy Infrastructure Imperil Healthcare Access
Services required for the survival of Ukraine’s civilian population – like healthcare – are affected by attacks on energy infrastructure.

The Prosecutor’s Circumvention of Article 18 Complementarity? A Flaw in the ICC’s Palestine Investigation
"Bypassing Article 18 complementarity might jeopardize the legitimacy of the legal process undertaken by the Court in the eyes of certain constituencies"

Gaza Arrest Warrants: Assessing Starvation as a Method of Warfare and Associated Starvation Crimes
The ICC Prosecutor's charges related to starvation in Gaza resemble patterns of previous starvation crimes over the past eight years.

The Prosecutor’s Uphill Legal Battle?: The Netanyahu and Gallant ICC Arrest Warrant Requests
"We wish to identify and discuss here some potential problems we identify in the part of the request pertaining to Netanyahu and Gallant."

Halt: The International Court of Justice and the Rafah Offensive
Analysis of the ICJ Order on May 24, 2024, requiring Israel to "[i]mmediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the…

Sec. Blinken’s View on Sanctions Against the ICC: A More Complete Picture
Analysis of the Secretary of State's exact statements on the prospect of congressional efforts to sanction the International Criminal Court.

What the ICC Prosecutor Charged – and Didn’t Charge – in Gaza Warrants
Analysis of some of the charges that were -- and were not -- included in ICC Prosecutor Karim Khan's application for warrants.