Noura Erekat et. al. LF14 | Operation Protective Edge & Legal Remedies

Law Fellowship alumni of 2014 Noura Erekat, Bianca Isaias, and Salmah Rizvi, published a working paper through the Issam Fares Institute for Public Policy and International Affairs at the American University of Beirut, titled "Protective Edge & Legal Remedies."

Here's an except:

"Indeed, through a combination of legal acrobatics, outright political pressure, and boycott of legal bodies, Israel has created a legal black hole over its treatment of Palestinians and, more broadly, the question of Palestine. While legal remedies are not a panacea for the Palestinian condition, they can be a useful tactic in a broader strategy aimed at achieving national liberation. Human rights advocates and civil society organizations have attempted to use domestic and international legal venues to hold Israel accountable for its humanitarian and human rights violations. However, political intervention has stymied these efforts and diminished the efficacy of legal advocacy. This briefing paper provides a non-exhaustive survey of the legal fora in which Palestinians have sought, or can seek, legal redress. These include international courts, in particular the International Court of Justice, the International Criminal Court, and special tribunals; national courts under universal jurisdiction as well as the Alien Tort Statute in US federal courts; and human rights bodies and mechanisms like the Human Rights Council, and human rights treaty bodies. The research will show that power and politics have impeded Palestinians’ access to successful judicial redress. While there may still be value to pursuing these claims within legal fora, they must be complemented by effective extra-legal strategies aimed at cultivating political will among states as well as grassroots non-state actors."