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The Lawfare Podcast
Lawfare Archive: Peter Berkowitz on Israel and the Laws of War
Oct 14, 2023
Peter Berkowitz, a guest with a new book on Israel and the laws of war, discusses the abuse of the laws of war by Israel's critics, focusing on the Goldstone Report and the Gaza Flotilla controversy. He also explores the flaws in the Goldstone Report and the legality of investigating war crimes. Additionally, he delves into the role of courts in war and the importance of liberal democracies complying with international laws of war.
37:02
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Quick takeaways
- The Goldstone Report's flawed factual findings and misapplication of legal tests undermined its validity, demonstrating the intensified use of legal claims to delegitimize Israel's right of self-defense.
- The United States should support Israel in upholding the international laws of war, as the struggle over the interpretation of these laws is a critical battle for the US in the face of transnational terrorism.
Deep dives
The Goldstone Report and Gaza Flotilla Controversy
The Goldstone Report, published by the UN General Assembly in September 2009, accused Israel of war crimes during its Gaza operation. The report focused mainly on allegations against Israel and sparked condemnation. However, the report's flawed factual findings and misapplication of legal tests undermined its validity. The Gaza Flotilla controversy, which occurred in May 2010, centered around Israel's blockade of Gaza. Critics argued that the blockade was illegal and that Israel had no right to stop the flotilla. However, Israel's blockade was lawful, and it had the right, under international law, to defend itself against Hamas' continuous rocket attacks. The international reaction to these events demonstrated an intensified use of legal claims to delegitimize Israel's inherent right of self-defense.
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