Michal Gur-Aryeh Deputy Director, International Law Department Israeli Ministry of Foreign Affairs.
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Transcript of Michal Gur-Aryeh Deputy Director, International Law Department Israeli Ministry of Foreign Affairs.
Michal Gur-Aryeh
Deputy Director, International Law DepartmentIsraeli Ministry of Foreign Affairs
Media Context:Media Obsession with IsraelGenerally, Israel doesn’t set the Media Agenda
but Reacts to itPro-Palestinian Reporting, inc. by News AgenciesChallenges of a Democracy fighting Unscrupulous
and Media-savvy Terrorist groups
Legal Warfare Tactics of Pro-Palestinian groups:Manipulation of Human Rights TerminologySoft Law (e.g. General Assembly Resolutions)
presented as Hard LawMisrepresentation of IHL
NGO and HR Rapporteur reports
Rewriting Principles of International Law
Effect on World Leadership &Public Opinion
More Mechanisms and Activism
Amplification In Media
The [EU Presidency] urges Israel to refrain from all activities that endanger civilians. Such activities are contrary to international law” (EU Presidency Statement, 2.3.08)
The Law:“Parties must refrain from incidental damage to civilians which would be excessive in relation to the concrete and direct military advantage anticipated”( Article 57(2) of the Additional Protocol to the Geneva Conventions)
“The presence of civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks.”(Article 51 of the Additional Protocol)
Provide Contacts with the Letter of the LawSuccinctly & AccuratelyBe ProactiveCast a Wide Net (Especially in the Media)Ask us for any Information you need
Engage Legal ExpertsE.g. Request Examples of Proportionality from their
Experience
If Hamas came under criticism for human shield practices – they would stop, and Palestinian civilian lives would be saved
“This is the fate of democracy, as not all means are acceptable to it, and not all methods employed by its enemies are open to it. Sometimes,
a democracy must fight with one hand tied behind its back.
Nonetheless, it has the upper hand”
Aharon BarakFormer Chief Justice
Israel Supreme Court