International Law as Anti-Israel Weapon

April 26 2018

The Israeli lawyer and activist Michael Sfard has spent most of his career waging legal assaults on his country and its ability to defend itself while trying to draw the attention of European governments and the International Criminal Court to the Jewish state’s particular wickedness. In his recent book, The Wall and the Gate, Sfard argues vigorously in favor of the justness of his cause. Gerald Steinberg writes in his review:

Sfard’s weapon is international law—a nebulous, plastic, and readily manipulated commodity that has the feel and texture of real law (as practiced by lawyers and judges in individual nation-states), without the constitutional backbone. . . . At no point does Sfard ponder [international law’s] complexities and contradictions, such as the absence of universality or reciprocity—two essential dimensions of any legitimate legal system. Thus, he glosses over the daily human-rights violations and war crimes committed by his “clients,” as he paternalistically refers to Palestinians, repeating the standard victimization myths. His references to the horrors of terror that have taken so many Israeli lives are minor and parenthetical. . . .

The publication of the book in English rather than Hebrew reflects Sfard’s emphasis on persuading outsiders to help him impose his agenda on Israel. Readers likely to be convinced by this volume include those who already agree with him (including European officials who have provided Sfard’s law office and associated “human-rights organizations” with substantial taxpayer funds over the years), and others with one-dimensional views based on maps that begin at the Mediterranean and end at the Jordan River. Iraq, Iran, Syria, al-Qaeda, and the rest do not exist in Sfard’s imaginary Middle East. The unstated assumption behind this book and Sfard’s legal crusades is that the only issue that matters is the post-1967 “occupation,” which must end, regardless of what comes after. . . .

As he moves from one topic to the next, and from decade to decade, we can see how what began as the legal and political crusade of a few individuals became a major industry. The Association for Civil Rights in Israel (ACRI) was one of the first non-governmental organizations involved, followed by Hamoked, B’tselem, Yesh Din, Breaking the Silence, Adallah, and others—all seeded by the New Israel Fund. European governments then multiplied the grants and resources to Sfard’s network, thereby promoting their policies, prejudices, and interests. On the sensitive issue of foreign funding for what are essentially opposition advocacy groups operating without democratic checks and balances, Sfard is unusually silent. His successes with major donors gave a major boost to his own prestige, influence, and financial status, including the grant from George Soros’s Open Society Foundations that enabled him to write this book. . . .

As the book concludes, Sfard focuses on one hero in particular—Michael Sfard. . . .

Read more at Commentary

More about: Europe and Israel, ICC, International Law, Israel & Zionism, New Israel Fund, NGO

 

Egypt Is Trapped by the Gaza Dilemma It Helped to Create

Feb. 14 2025

Recent satellite imagery has shown a buildup of Egyptian tanks near the Israeli border, in violation of Egypt-Israel agreements going back to the 1970s. It’s possible Cairo wants to prevent Palestinians from entering the Sinai from Gaza, or perhaps it wants to send a message to the U.S. that it will take all measures necessary to keep that from happening. But there is also a chance, however small, that it could be preparing for something more dangerous. David Wurmser examines President Abdel Fatah el-Sisi’s predicament:

Egypt’s abysmal behavior in allowing its common border with Gaza to be used for the dangerous smuggling of weapons, money, and materiel to Hamas built the problem that exploded on October 7. Hamas could arm only to the level that Egypt enabled it. Once exposed, rather than help Israel fix the problem it enabled, Egypt manufactured tensions with Israel to divert attention from its own culpability.

Now that the Trump administration is threatening to remove the population of Gaza, President Sisi is reaping the consequences of a problem he and his predecessors helped to sow. That, writes Wurmser, leaves him with a dilemma:

On one hand, Egypt fears for its regime’s survival if it accepts Trump’s plan. It would position Cairo as a participant in a second disaster, or nakba. It knows from its own history; King Farouk was overthrown in 1952 in part for his failure to prevent the first nakba in 1948. Any leader who fails to stop a second nakba, let alone participates in it, risks losing legitimacy and being seen as weak. The perception of buckling on the Palestine issue also resulted in the Egyptian president Anwar Sadat’s assassination in 1981. President Sisi risks being seen by his own population as too weak to stand up to Israel or the United States, as not upholding his manliness.

In a worst-case scenario, Wurmser argues, Sisi might decide that he’d rather fight a disastrous war with Israel and blow up his relationship with Washington than display that kind of weakness.

Read more at The Editors

More about: Egypt, Gaza War 2023