Israel and International Law

Since the outbreak of war Israel has faced with a range of legal challenges related to the ongoing conflict, both internally and in relation to international law.

On the international front Israel faces legal proceedings in both the International Criminal Court (ICC) and the International Criminal Court of Justice (ICJ).

In the ICJ a number of proceedings are ongoing, including a rebuttal against South Africa’s allegations of genocide in the war in Gaza and a longstanding investigation into Israeli policies and practices in occupied territories.

Additionally, the International Criminal Court has issued arrest warrants against senior Israeli leaders for their conduct during the war.

IDI experts break down and evaluate the legal arguments surrounding Israel’s conduct, the broader implications of these cases for Israel’s international standing and provide policy recommendations to help Israel navigate these legal challenges effectively.

 Official Submission to the ICC by Prof. Amichai Cohen and Prof. Yuval Shany 

Prof. Amichai Cohen explains the possible effects of ICC Warrants on Israel:

 

In the second installment of their two-part analysis of the ICC's decision to issue arrest warrants against Israeli leaders, Prof. Yuval Shany and Prof. Amichai Cohen examine the arguments behind the arrest warrants and steps Israel can take to prevent them from being realized. 

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IDI's Prof. Yuval Shany and Prof. Irwin Cotler discuss the ICC arrest warrants issued against Israel's Prime Minister and former Defense Minister. The event was hosted by the International Jewish Lawyers organization in partnership with the American Association of Jewish Lawyers and Jurists (AAJLJ). 

48% of Israelis think PM Netanyahu cannot fully function as a wartime prime minister while testifying on trial, a large majority of Israelis think Trump will prioritize Israel's security, and a clear majority (61%) think the main reason behind the ICC's decision to issue arrest warrants is the Court's longstanding anti-Israel bias.

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IDI's Dr. Eran Shamir-Borer, Director for the Center for Security and Democracy, and formerly the head of the IDF’s International Law Department, joined the Jewish Federations of North America for an online discussion of the implications of the warrants and possible steps Israel can take to counter them.

The ICC's unprecedented arrest warrants against leaders of a democratic state carry severe and far-reaching consequences, yet Israel still has far-reaching options to mitigate the damage. 

On November 21, 2024, the Pre-Trial Chamber of the International Criminal Court (ICC) issued four decisions. These deal with various legal matters arising out of the Prosecutor’s May 20 request to issue arrest warrants as part of his ongoing investigation of the Situation in Palestine, in the context of the War in Gaza.

Israel will likely not succeed in forcing the Court to annul its orders, and attempting to do so will make it even harder for its allies to support it. Instead, it can conduct an independent and effective investigation, avoiding problematic statements, and adhere to the laws of armed conflict.

Investigating allegations of abuse at the Sde Teiman detention facility is Israel's moral and legal duty as a rule-based democracy and protects the country on the international legal and diplomatic front. 

If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards.

Article 18 to the ICC Statute requires the Prosecutor to notify the relevant States regarding a decision to open an investigation, providing those States the opportunity to request deferral of the investigation, because of the existence of a domestic investigation. The Prosecutor’s approach of not issuing new notifications new charges emerged weakens the ability of the Pre-Trial Chamber to monitor the implementation of the complementarity principle.

In this article, we wish to identify and discuss here some potential problems we identify in the part of the request pertaining to Netanyahu and Gallant, at least as it was presented in the Prosecutor’s short announcement and by the expert report supporting it. 

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IDI's Prof. Amichai Cohen, an expert in international law, explains the repercussions that ICC warrants may have on Israel. Should these warrants be issued, 120 countries would be obligated to execute them. They could severely damage Israel's international image, impacting Israeli officials as well as economic and cultural cooperation

From damage to scientific collaboration to cancellation of arms deals, arrest warrants for senior Israeli officials from the International Criminal Court in the Hague would pose a serious challenge to Israel

The US, the UK, France and other states have announced the imposition of economic sanctions on Israeli residents who are believed to be complicit in 'settler violence.' This document aims to outline the framework of international economic sanctions and contextualize the sanctions imposed on Israelis. 

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

play

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

play

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

play

IDI's Prof. Yuval Shany and Prof. Irwin Cotler discuss the ICC arrest warrants issued against Israel's Prime Minister and former Defense Minister. The event was hosted by the International Jewish Lawyers organization in partnership with the American Association of Jewish Lawyers and Jurists (AAJLJ). 

Prof. Cohen and Prof. Shany discuss three possible rationales for the ICJ's rejection of Israel’s security concerns and offer a few final observations on the appropriate balance that should hold between security considerations and continued presence in occupied territories.

The ICJ Advisory Opinion on Israel's policies in the territories of the West Bank (Judea and Samaria) are illegal but was more divided on other salient factual and legal findings.

The issuance of additional interim orders in the genocide proceedings underway at the ICJ limits Israel’s operational wiggle room in Rafah, but leaves it with some flexibility in the interpretation and implementation of the new orders.

The International Court of Justice in The Hague (ICJ) issued new temporary orders against Israel this week. Justice Barak’s dissenting opinion would seem to offer an important lesson for the future. Professional, focused, and well-founded legal criticism—as opposed to the very different means that are currently being widely discussed and pursued—is likely the best way to deal with the ICJ.

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IDI's Prof. Amichai Cohen, an expert in international law, explains the repercussions that ICC warrants may have on Israel. Should these warrants be issued, 120 countries would be obligated to execute them. They could severely damage Israel's international image, impacting Israeli officials as well as economic and cultural cooperation

In its order on provisional measures, the Court appeared to engage in transactional justice. It used harsh rhetoric to describe the catastrophic situation in the Gaza Strip while minimizing the impact of the order by adopting ambiguous language on the contents and scope of the plausibility test.

While neither Israel nor South Africa achieved a complete win, one thing is clear: the story of Israel before the ICJ is only beginning

While the ICJ decision briefly mentions the immediate context of the lawsuit, namely the Hamas attack on October 7, 2023, Judge Barak directs them to the full picture that they did not address. He writes about the events of October 7 as Israelis know them to be true.

Prof. Amichai Cohen, a senior fellow at the Israel Democracy Institute and an expert in international law, made the following comments on the International Court of Justice (ICJ) decision today regarding provisional measures in the case of South Africa v. Israel on the Application of the Genocide Convention.

On Friday, January 26, the International Court of Justice issued its Opinion granting provisional measures in South Africa’s genocide case against Israel. Joining the Just Security Podcast to discuss the Court’s Opinion and its implications are law professors Adil Haque, Oona Hathaway, and IDI's Yuval Shany.

Beyond the fact that the Torah does not make the call to commit genocide, the Tanach and its interpretations in fact obligate the Jewish people to abide by the laws of war. To a large extent, humanity's earliest laws of war can be found in the Bible. 

The International Court of Justice (ICJ) at the Hague held public hearings in the case against Israel for alleged violations of the Genocide Convention. In this essay we address three aspects of the case: the ways the parties framed the events, the request to suspend Israeli military operations, and the conditions for issuing provisional measures. 

One of the claims brought forth in the Application against Israel that it is committing genocide against the Palestinians is that many senior members of the government made references to the biblical precept to wipe out the memory of the ancient Amaleks. This is my professional opinion on the meaning of these locutions and the use made of them in the Application. 

The ICJ is hearing allegations that Israel has violated the Convention on the Prevention and Punishment of the Crime of Genocide. What is the ICJ? How is the government responding? What are the implications for the war against Hamas and Israel’s international standing?
All the answers in a special IDI explainer.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

play

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

play

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

play

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

The recent application by South Africa to the International Court of Justice brought against Israel under the Genocide Convention illuminates how international law and international institutions can be employed to address the Israel-Hamas war.