Should Israel Fear Palestinian Lawfare?

Yes, argues Robert Nicholson. The fact that the International Criminal Court is unlikely to succeed in prosecuting imagined Israeli crimes is irrelevant. The Palestinian lawfare campaign can achieve its ends even without achieving its desired verdicts. Nicholson writes:

Form is more important than substance in the lawfare strategy. It’s not necessary that litigants present strong arguments or even win cases. What’s important is that they appear outnumbered and heroic, adhere to lofty vocabulary, and use the court’s noble reputation to delegitimize their opponent in the eyes of the world. . . .

If everyone in the global audience appreciated the cynicism behind this strategy, lawfare would not be so worrisome. But well-meaning people are easily fooled by headlines of “war crimes” and “ethnic cleansing” and don’t have the time or legal training to investigate the facts. Shaking their heads in disbelief, they walk away with just one thought: Israel is a flagrant human-rights abuser that needs to be punished—international law says so. And here lies the crux of the problem: lawfare uses a façade of morality to conceal and advance a subversive political agenda. Worst of all, good people can’t see past the façade.

Read more at Philos Project

More about: ICC, Lawfare, Mahmoud Abbas, Palestinians

America Must Let Israel Finish Off Hamas after the Cease-Fire Ends

Jan. 22 2025

While President Trump has begun his term with a flurry of executive orders, their implementation is another matter. David Wurmser surveys the bureaucratic hurdles facing new presidents, and sets forth what he thinks should be the most important concerns for the White House regarding the Middle East:

The cease-fire agreement between Israel and Hamas may be necessary in order to retrieve whatever live hostages Israel is able to repatriate. Retrieving those hostages has been an Israeli war aim from day one.

But it is a vital American interest . . . to allow Israel to restart the war in Gaza and complete the destruction of Hamas, and also to allow Israel to enforce unilaterally UN Security Council Resolutions 1701 and 1559, which are embedded in the Lebanon cease-fire. If Hamas emerges with a story of victory in any form, not only will Israel face another October 7 soon, and not only will anti-Semitism explode exponentially globally, but cities and towns all over the West will suffer from a newly energized and encouraged global jihadist effort.

After the last hostage Israel can hope to still retrieve has been liberated, Israel will have to finish the war in a way that results in an unambiguous, incontrovertible, complete victory.

Read more at The Editors

More about: Donald Trump, Gaza War 2023, Hamas, U.S.-Israel relationship