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Defending Israel at the ICC: the Situation in Palestine, Pt. II

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Defending Israel at the ICC: the Situation in Palestine, Pt. II Defending Israel at the ICC: The Situation in Palestine, Pt. II 2020 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year. ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys. WHY WORK WITH US? 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CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE DEFENDING ISRAEL AT THE ICC: “THE SITUATION IN PALESTINE” Part 2 SEMINAR OUTLINE Sponsored By jewishadvocacycenter.org SEMINAR FACULTY Dr. Mark Goldfeder is the Spruill Family Senior Fellow at the Center for the Study of Law and Religion, and director of the Restoring Religious Freedom Project at Emory University School of Law. He is also editor of the Cambridge University Press Series on Law and Judaism, and has served as an adviser to the Permanent Mission of Israel to the United Nations. Goldfeder holds two rabbinic ordinations (yoreh yoreh; Yeshiva University and Rivavot Ephraim) and two judicial ordinations (yadin yadin; Rav Gedaliah Dov Schwartz, Av Beth Din, Rabbinical Council of America and Chicago Rabbinical Council, and Rav Dovid Schochet, President, Toronto Rabbinical Council). Goldfeder’s work focuses on law and religion, international law, Jewish law, family law, and law and technology, and he publishes widely in those areas. He co-authored the newest edition of the $ve-volume treatise Religious Organizations and the Law (Westlaw) and is an authority on churches and religious non-pro$ts. A frequent speaker at national and international conferences, Goldfeder has also taught courses at Georgia State University School of Law and Florida Southern College (USA), University of Padua and Scuola Galileana (Italy), and the Interdisciplinary Center in Herzliyah’s Radzyner Law School (Israel). Education: SJD, LLM, Emory University School of Law; JD, New York University School of Law; BA, Yeshiva University TABLE OF CONTENTS SITUATION IN THE STATE OF PALESTINE Part 2 1. INTRODUCTION 2. MASTER LIST OF ARGUMENTS 3. ARTICLE: “PALESTINE, UTI POSSIDETIS JURIS, AND THE BORDERS OF ISRAEL” BY ABRAHAM BELL & EUGENE KONTOROVICH 4. AMICUS BRIEF: “OBSERVATIONS ON THE PROSECUTOR’S REQUEST ON BEHALF OF THE NON-GOVERNMENTAL ORGANISATIONS: THE LAWFARE PROJECT, THE INSTITUTE FOR NGO RESEARCH, PALESTINIAN MEDIA WATCH, AND THE JERUSALEM CENTER FOR PUBLIC AFFAIRS” 5. AMICUS BRIEF: “PUBLIC WITH PUBLIC ANNEXES A B AND C: CORRIGENDUM TO SUBMISSIONS PURSUANT TO RULE 103 (THE ISRAEL FOREVER FOUNDATION)” 1. INTRODUCTION: This seminar is brought to you by the National Jewish Advocacy Center, a nonprofit organization committed to advocating for the Jewish nation and the Jewish state as prisms through which people from all walks of life can learn about the dignity of difference, the power of coexistence, and the strength that comes from tolerance. In December 2019, Ms. Fatou Bensouda, the Chief Prosecutor of the International Criminal Court in the Hague, announced her intention to launch an investigation into alleged war crimes that she believes may have been committed by the State of Israel in the “Palestinian territories.” In theory, if the Prosecutor were to investigate, and were to find that there were crimes committed, and were to find that Israel courts were insufficient for dealing with the issue, she could potentially drag Israeli soldiers and other officials into the dock at the ICC. While this remains unlikely, the international legal community must be vigilant to make sure that unlawful and unjust investigations are stopped as soon as possible. In truth, many of the allegations recited were already investigated by Israel, and were factually untrue. In addition, if Israeli soldiers do commit crimes, the Israeli court system is fully capable of handling them and has demonstratively done so in the past. But more fundamentally, this investigation should never be allowed to go forward because rules and regulations matter in a court of law, and such an investigation would be in flagrant disregard of the ICC’s own rules and regulations. Among the many substantive issues plaguing the Prosecutor’s case, for example, are the facts that Israel is not a party to the Rome Statute, and under international law (and by the Palestinian Authority’s own numerous public admissions) there is no State of Palestine. The Court therefore, has no jurisdiction in this matter. To her credit, the Prosecutor is fully aware that she is on very shaky legal ground, and so rather than wasting a lot of time investigating only to be told in a few years that she had no jurisdiction to be doing this, she asked the Court to give a preliminary ruling on jurisdiction, and for relevant interested parties to submit their observations on the case. There were nineteen groups that submitted filings in the interest of the State of Israel, and the following materials summarize the main findings of those observations. 1 TABLE OF CONTENTS SITUATION IN THE STATE OF PALESTINE Part 2 1. INTRODUCTION 2. MASTER LIST OF ARGUMENTS 3. ARTICLE: “PALESTINE, UTI POSSIDETIS JURIS, AND THE BORDERS OF ISRAEL” BY ABRAHAM BELL & EUGENE KONTOROVICH 4. AMICUS BRIEF: “OBSERVATIONS ON THE PROSECUTOR’S REQUEST ON BEHALF OF THE NON-GOVERNMENTAL ORGANISATIONS: THE LAWFARE PROJECT, THE INSTITUTE FOR NGO RESEARCH,
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