Israel’s Legal Case: A Guidebook

, November 1, 2012

This volume by recognized experts from Israel and abroad outlines Israel’s legal case on key issues of international law. As questions are raised over the legitimacy and morality of Israel’s actions, the authors in this volume see Israel’s actions as firmly rooted in international law. These scholars present well-reasoned responses to the charges of “occupation,” “apartheid,” and “colonialism.” They also discuss the legal status of Israeli settlements, the West Bank security fence, and Israel’s borders.

Authors include Amb. Alan Baker, Dr. Abraham Bell, Amb. Yehuda Z. Blum, Amb. Dore Gold, Jeffrey S. Helmreich, Prof. Ruth Lapidoth, Laurence E. Rothenberg, Dr. Robbie Sabel, and Lt.-Col. (res.) Avinoam Sharon.

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About the Authors

  • Amb. Alan Baker, Director of the Institute for Contemporary Affairs at the Jerusalem Center for Public Affairs, is former Legal Adviser to Israel’s Foreign Ministry and former Ambassador of Israel to Canada. He is a partner in the law firm of Moshe, Bloomfield, Kobo, Baker & Co. He participated in the negotiation and drafting of the various agreements comprising the Oslo Accords.
  • Dr. Abraham Bell of the Faculty of Law of Bar-Ilan University is currently a visiting professor at the University of San Diego. He specializes in international law, particularly the laws of war. Dr. Bell served in an IDF reserve paratrooper brigade in combat in the Second Lebanon war.
  • Amb. Yehuda Z. Blum is Professor Emeritus of International Law at the Hebrew University of Jerusalem.
  • Amb. Dore Gold, president of the Jerusalem Center for Public Affairs, served as Israel’s ambassador to the United Nations (1997-1999). Previously he served as foreign policy adviser to then-Prime Minister Benjamin Netanyahu. In 1991 he served as an adviser to the Israeli delegation to the Madrid Peace Conference. Amb. Gold is the author of Hatred’s Kingdom: How Saudi Arabia Supports the New Global Terrorism; Tower of Babble: How the United Nations Has Fueled Global Chaos; The Fight for Jerusalem: Radical Islam, the West, and the Future of the Holy City; and The Rise of Nuclear Iran: How Tehran Defies the West.
  • Jeffrey S. Helmreich, a legal theorist, has authored numerous articles for American newspaper and magazines, including the Los Angeles Times, the Forward and the Jewish World, as well as academic legal journals. During 2012 he was a visiting scholar at Harvard Law School.
  • Prof. Ruth Lapidoth is a Professor Emeritus of International Law at the Hebrew University of Jerusalem, and Professor at the Law School of the College of Management. She is a recipient of the 2006 Israel Prize in Legal Research and of the 2000 Prominent Woman in International Law Award from the American Society of International Law. She served in the Israeli delegation to the UN in 1976, and in 1979 was appointed Legal Advisor to the Israel Ministry of Foreign Affairs.
  • Laurence E. Rothenberg is a fellow at the Center for Strategic and International Studies in Washington, D.C. The former editor-in-chief of the Harvard International Law Journal, he is the author of numerous articles, studies, and book chapters on international law, globalization, and U.S. military strategy.
  • Dr. Robbie Sabel served as Legal Adviser to the Israel Ministry of Foreign Affairs from 1985 to 1993, and is a visiting Professor of International Law at the Hebrew University of Jerusalem. The chapter on “The ICJ Opinion on the Separation Barrier” is partially based on his article, “The International Court of Justice Decision on the Separation Barrier and the Green Line,” Israel Law Review, 38(1-2) (2005).
  • Lt.-Col. (res.) Avinoam Sharon is a former IDF Military Attorney for Judea, Samaria and Gaza. This chapter expands and updates ideas presented by the author in his article “Keeping Occupied: The Evolving Law of Occupation,” 1 Regent J.L. & Pub. Pol’y 145 (2009).

Contents

Foreword

Occupation

Why Is Israel’s Presence in the Territories Still Called “Occupation”?
Avinoam Sharon

From “Occupied Territories” to “Disputed Territories”
Dore GoldIsraeli Settlements

The Settlements Issue: Distorting the Geneva Convention and the Oslo Accords
Alan Baker

Diplomatic and Legal Aspects of the Settlement Issue
Jeffrey Helmreich

Colonialism
The Myth of Israel as a Colonialist Entity
Dore Gold

Apartheid
The Campaign to Delegitimize Israel with the False Charge of Apartheid
Robbie Sabel

The Security Fence
Israel’s Anti-Terror Fence: The World Court Case
Laurence E. Rothenberg and Abraham Bell

The ICJ Opinion on the Separation Barrier: Designating the Entire West Bank as
“Palestinian Territory”
Robbie Sabel

Israel’s Borders
The Evolution of Israel’s Boundaries
Amb. Yehuda Z. Blum

The Misleading Interpretation of UN Security Council Resolution 242
Ruth Lapidoth

Notes
About the Authors
About the Jerusalem Center for Public Affairs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

About The Jerusalem Center

The Jerusalem Center for Public Affairs is a leading independent research institute specializing in public diplomacy and foreign policy.