The Palestinian Authority Is Launching a New Lawfare Campaign

October 29, 2021 | Alan Baker and Lea Bilke
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For the past several years, the Palestinian Authority president Mahmoud Abbas—unwilling to resume either negotiations with Israel or a war of terror—has tried to use international law and institutions to put pressure on Jerusalem. With his efforts at the International Criminal Court (ICC) stalled, he may now have tried to refocus his campaign on the International Court of Justice (ICJ). Alan Baker and Lea Bilke explains:

The International Criminal Court was established in 1998 as an independent judicial body to try individual criminals accused of the most serious crimes of concern to the international community. The International Court of Justice is the UN’s principal judicial organ and is entrusted with solving issues of litigation between states as well as issuing advisory opinions on legal questions referred to it by UN organs.

Based on their recent statements, Palestinian leaders appear to be considering an appeal to the ICJ in order to question the very legality of Israel’s status and actions in the territories in the light of international law and the Oslo Accords.

The Palestinian leadership alleging before the UN and ICJ that Israel is violating the Oslo Accords would be ironic in light of the long list of fundamental breaches of those accords by the Palestinians, whether by continuing incitement, support for and advocacy of terror, economic boycott, . . . and refusal to resume negotiations.

Their defense and citation of the Oslo Accords are even more ironic in light of their inability or lack of will to honor a host of specific commitments pursuant to the Accords. Such basic violations include Palestinian attempts to alter the status of the territories unilaterally; their active engagement in international diplomacy in violation of their commitments not to be so involved; their accession to international treaties and organizations; [and] their expulsion by the Hamas terror organization from any capability of governing the Gaza Strip.

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