Introduction

Palestinian terrorists in Gaza continue to launch rocket and mortar attacks on Israeli civilians and, in response, Israel has re-imposed a number of controls at its border with Gaza. At times Israel has responded to the projectile and terrorist attacks emanating from Gaza by reducing the fuel and electricity that it supplies to that region. There has been renewed speculation of intensified Israeli military action.

As with every flare-up of the Arab-Israeli conflict, the air is thick with accusations of violations of international law. The halls of the United Nations resound with voices objecting to the alleged illegality of Israel’s behavior, and legal “experts” have taken to the airwaves to raise accusations of wrongdoing. For instance, UN Under-Secretary-General for Humanitarian Affairs John Holmes asserted that “the effective Israeli isolation of Gaza…amounts to collective punishment and is contrary to international humanitarian law.” Similarly, organizations such as Amnesty International have issued erroneous and misguided criticism, including “condemning” Israel’s imposition of all “blockades” on the Gaza Strip as “collective punishment.” Jeremy Hobbs, Director of Oxfam International, called on Israel “immediately [to] lift its inhumane and illegal siege.”

This briefing paper explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza’s borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior such as mentioned above lack any basis in international law. By contrast, criticisms that ought to be voiced about illegal Palestinian behavior are markedly rare.

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Justus Reid Weiner

Justus Reid Weiner is an international human rights lawyer and a member of the Israel and New York Bar Associations. He received his J.D. from the School of Law (Boalt Hall), University of California, Berkeley. He is currently a Scholar in Residence at the Jerusalem Center for Public Affairs, an independent policy studies center, and an adjunct lecturer at The Hebrew University of Jerusalem. Weiner was formerly a Visiting Assistant Professor at the School of Law, Boston University.

Professor Avi Bell

Avi Bell is a professor at the Faculty of Law of Bar-Ilan University and a Visiting Professor at the University of Connecticut Law School, specializing in international law and property law. Professor Bell’s articles have appeared in premier law journals and he formerly served as a Visiting Professor at the Fordham University Law School. Professor Bell received his undergraduate and law degrees from the University of Chicago, and his doctorate from Harvard University. In 2006, Professor Bell was awarded an Alon Fellowship for outstanding young researchers by the Israel Ministry of Education.