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LawfareLaw as a Weapon of War$
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Orde F. Kittrie

Print publication date: 2016

Print ISBN-13: 9780190263577

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190263577.001.0001

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The Palestinian Authority’s Lawfare Against Israel

The Palestinian Authority’s Lawfare Against Israel

(p.197) Chapter 5 The Palestinian Authority’s Lawfare Against Israel

Orde F. Kittrie

Oxford University Press

The Israeli-Palestinian conflict is the closest thing the world has to a lawfare laboratory. Hamas, Israel, the Palestinian Authority (PA), and their allies are each vigorously waging lawfare, albeit in different ways. This chapter focuses on the PA’s use of law as a weapon against Israel and Israel’s and Israel’s allies responses to that lawfare. One major element is the campaign to gain recognition of Palestine, as a full sovereign member state of the international community, outside the negotiations process with Israel and any concessions that might require. A second major element is the PA’s decision to join the ICC. A third major element is the PA’s efforts to use the processes of international organizations and treaties, including those to which it is not a party, to advance its claims against Israel. The chapter analyzes the PA lawfare campaign’s remarkable impact and potential future.

Keywords:   Lawfare, Israel, Palestinian Authority, recognition, member state, negotiations, International Criminal Court, international organizations, treaties

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