International Humanitarian and Human Rights Law

In this composite teaching module, we have curated segments of teach-ins around the theme of International Law. Our experts and speakers outline how international humanitarian and human rights law is relevant to the current situation in Palestine broadly and Gaza specifically. Speakers explore how international  law in theory could be used to help Palestinians achieve their rights and freedom, and how it has failed in practice. They also address what international  law says about Israeli occupation, apartheid, and genocide in Palestine. In what ways is Israel violating international law? How is international law being hampered in addressing the violations of it by Israel? What can international law do for Palestinians?

All segments in this Composite Module are drawn from the below teach-ins. Click on the title to watch the full teach-in.

War Crimes and Siege on Gaza

Omar Shakir outlines the full scope of violations of international law by Israel in Gaza including the current genocide, and its long siege and occupation of Gaza. These include war crimes, crimes against humanity, and genocide, as well as other violations of law such as restrictions of food and resources.

Civilians and the Question of Distinction

Giulia Marini, addresses the importance of distinguishing between civilians and combatants and how Israel is disregarding this distinction in Gaza. She explains how both the use of bombardment and tactics such as starvation and deprivation of water and medical resources constitute violations of rules of distinction and collective punishment. She also discusses the dire public health situation, the lack of electricity in hospitals, and the spread of disease.

Israeli Violations of International Humanitarian and Human Rights Law in Gaza

In the ongoing war on Gaza, Israel has been perpetuating numerous violations of international law including war crimes, crimes against humanity, and genocide. Our speakers outline the ways in which Israel has been violating international law especially as it pertains to indiscriminate attacks against civilians and collective punishment. While the focus is on the current war, our experts also address longer standing violations of international law such as the blockade of Gaza.

Genocide in Gaza

Darryl Li, focuses on the most egregious violation of international law by Israel, which is its current genocide on Gaza. He discusses the challenge of the moment which is thinking with genocide and to provide the pro-Palestine movement the legal vocabulary and frameworks to understand how Israel's war on Gaza constitutes genocide. He outlines the legal definition of genocide and explains how it is rooted in criminal law. He describes the importance of the special intent to destroy a group of people in whole or in part. He also explains the kinds of discourses around the genocide in Gaza, and of Palestinians more broadly, that have emerged.

Failures of Accountability

One of the greatest problems when it comes to the international law as it applies to Israel's violations is the question of accountability. Despite massive amounts of evidence of Israeli violations of humanitarian and human rights laws when it comes to their treatment of and war on Palestinians, international legal mechanisms have thus far failed to hold Israel accountable for its actions. Our speakers address this lack of accountability and explain why this is the case.

Why Care About International Law

Richard Faulk addresses the question of why we should care about international law when it has failed Palestinians so consistently over the decades. He discusses the 'implementation crisis' in terms of political interests taking precedent over international law. He argues that this explains why we see international law is effectively enforced in some areas and situations and not others such as Israel's war on Palestinians. 

A Chronic Lack of Accountability

Noura Erekat addresses the failure of international law when it comes to Israeli violations, by explaining the 'chronic lack of accountability' that led to this moment of heightened genocide in Gaza. She argues that the lack of accountability in past operations such as Cast Lead in 2008, have allowed Israel to expand its violations of international law in the current war on Gaza without suffering any consequences from mechanisms of international law.

Impunity's Effect on the Future

What does the current ongoing lack of accountability for Israel in international law mean for future Israeli actions and actions of other states that constitute violations of international law? Omar Shakir and and Giulia Marini address how Israel continuing to commit war crimes, crimes against humanity, and genocide with impunity could have far reaching effects for future implementation of international law.

On the Application of the South Africa v. Israel ICJ Case

Mouin Rabbani outlines the case South Africa has brought before the International Court of Justice against Israel. He explains what is required to make the case for genocide and discusses the evidence that South Africa has produced to prove that Israel is committing genocide such as a the myriad of statements made by Israeli leaders demonstrating intent as well as the actions Israel has taken such as the blockade of humanitarian aid and indiscriminate bombings.

Can Mortality Estimations in Medical Journals Be Used in a Court of Law?

Zeina Jamaluddine addresses new reports of the possible mortality rates that surpass the official count of the Gaza Ministry of Health. These reports take into account indirect deaths and also the number of unaccounted violent deaths due to the collapse of the healthcare system in Gaza. She speaks to how these numbers may or may not be used in the court of law.

Current Investigations and the ICJ

Even with the long history or impunity with which Israel has been able to operate in Gaza and Palestine more generally, there are still ongoing investigations of Israel's crimes. There are also new procedures taking place in the ICJ for the first time considering whether or not Israel is engaged in genocide in Gaza. Our speakers address these ongoing investigations and the merits of the ICJ case.

US Complicity in Genocide

John Mearsheimer explains US complicity in genocide, why Israel and the US have been so critical of the ICJ case, and Joe Biden’s particular passion/attachment to Israel that differs from other American presidents.