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thinc.Bulletin – July 2023

Help us defend Israel | Three reasons Australia should help protect the International Court of Justice | Looking back: Israel on Trial Conference | Reading recommendations
thinc.Bulletin – July 2023


∞ Help us defend Israel

∞ Three reasons Australia should help protect the International Court of Justice

∞ Looking back | Israel on Trial Conference

∞ Reading recommendations | Reasonableness, Abraham Accords and EU funding

∞ Follow us | thinc. social media channels


The ”lawfare” campaign to delegitimize the Jewish State of Israel is an attack on the only place the Jewish people can call home. And it is undermining the possibilities of a peaceful resolution of the Israel-Palestinian conflict. Through our research, education, and advocacy, thinc. has proven to be effective in countering the misuse of international law against Israel, and promotes peace and security in the Middle East through cooperation and mutual respect. One of our current projects is assisting certain governments to make submissions to the International Court of Justice to argue that the Court should not render an Advisory Opinion in response to the recent one-sided UN General Assembly request (see further below). We urge you to join our annual giving program now, and help us fight the legal battle for Israel!

Three reasons Australia should help protect the International Court of Justice

By Greg Rose, research director thinc.

Earlier published at AIJAC

Australia did the right thing in late December and voted against a very problematic and controversial resolution of the UN General Assembly (UNGA) in New York. The UNGA resolution in question requested an international legal ruling on sanctions to be imposed on Israel by UN Member States. The request went to the International Court of Justice (“ICJ”) in The Hague. The resolution was not supported by most UN member states. It was adopted with only 87 votes in favor, despite 106 member states voting against, abstaining or absent in the vote on 30 December 2022. The ICJ has now asked UN Member States to make submissions to it on this matter. The Organization for Islamic Cooperation (OIC), which has 56 UN Member States, has indicated its member States will make submissions to the Court demanding action against the Jewish State. It advertised a 20-page submission template and teams of dozens of lawyers to help member states make submissions. There are three good reasons for Australia to make an urgent contrary submission to the ICJ.


In recognition of Israel’s 75th anniversary, we recently organized the inaugural Israel on Trial conference in The Hague (29-30 March). Legal experts from around the world gathered to deliberate on the phenomenon of “lawfare” against Israel. It was concluded that the one-sided criticism and condemnation of Israel is not only unfair, it undermines Israel’s right to territorial integrity, misplaces the causes of conflict, and only serves to harden extreme positions on all sides. International institutions such as the ICJ and ICC should refuse to allow themselves to be used as instruments in politically motivated proceedings that undermine the sovereignty of the State of Israel. Today, we are pleased to share with you two more speeches:

Robbie Sabel, Professor of International Law at the Faculty of Law and at the Department of International Relations of the Hebrew University, Jerusalem, addresses the question: “Are the Settlements Legal?”. In his speech, Sabel explains the three-sided claim of illegality: the West Bank not being sovereign Israeli territory, Israel as an occupying power illegally transferring settlers into the territory of the West Bank, and Israel violating the human rights of Arab inhabitants. Sabel argues that the claim of illegality cannot hold. In his argumentation, he discusses the applicability of the IVth Geneva Convention, the voluntary moving of settlers, and the absence of local Arab evictions as a result of the building of settlements. Sabel concludes with a reminder that the final status of the settlements is to be negotiated based on the Oslo Agreements.
Yifa Segal, attorney and Managing Director of Hetz for Israel, addresses “the Abraham Accords, normalization and Palestinian self-determination”. While starting off with a positive note on the Gulf States and Egypt, Segal quickly moves the attention to the challenging position Saudi Arabia. Left alone and disgraced by the Biden administration, while facing significant local and regional challenges, Saudi is moving closer to China and Iran. This development can be harmful to Israel and the entire west. Segal concludes with a call to action on European governments: Saudi-Arabia does not like to be close with Iran and China, European backing of Saudi-Arabia is a chance to regain western influence in the Middle East.


“What is Israel’s “reasonableness” legislation and why is it so contentious?” – The history of the reasonableness doctrine, what do proponents and opponents of the reasonableness legislation say, and more. Click >> here << to continue reading.

“Israel’s Self-Inflicted Wound” – By Bret Stephens. Israelis have a penchant for hyperbole, and this week has brought a lot of lamentations about the “end of Israeli democracy.” That’s an unwarranted counsel of despair as well as an overstatement: Israeli democracy has survived worse. Click >> here << to continue reading.

“In a first, Moroccan king invites Netanyahu to visit” – The invitation came after Israel officially recognized Moroccan sovereignty over the disputed Western Sahara region. Click >> here << to continue reading.

“European Parliament members denounce use of international law to single out Israel” – “Why hasn’t the E.U. ever called any other people’s residential activities in other occupied territories an international crime?,” says Dutch MEP Michiel Hoogeveen. Click >> here << to continue reading.

“The EU-Funded Education for Jihad and Martyrdom” – by Bassam Tawil (Gatestone Institute) The European Union, for the past two-and-a-half years, withheld assistance from the Palestinian Authority while demanding political reforms and the purging of incitement to violence from Palestinian textbooks (…) Nevertheless, it is apparently resuming unconditional financial aid to the Palestinian Authority. Click >> here << to continue reading.

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