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thinc.Bulletin – September 2023

thinc.Bulletin – September 2023


∞ Thirty years after Oslo – time to revisit the “Two States” paradigm

∞The delegitimization of Israel through criminalization in international courts

∞ Recent developments in lawfare against Israel

∞ On thinc’s.calendar 

∞ Recommended reading

∞ Looking back | Israel on Trial Conference

∞ Follow us | thinc. social media channels


As part of the realignment of its global position, the United States is negotiating with Saudi Arabia in the hope of achieving an “Abraham Accord” between the Saudi monarchy and Israel. Israel is being pressured to accept the establishment of a Palestinian state as a condition for “normalization” of relations with the Saudis.

However the idea of a fully-fledged Palestinian state living in peace side-by-side with Israel is an illusion. Ever since the 1970s, the Palestinian Liberation Organization (PLO) has received billions of dollars in foreign aid to establish an independent, viable and peaceful Palestinian state, and has failed to do so.

It is time to learn the lessons of Oslo, and hold the PLO accountable and revisit the failed approach to Palestinian statehood. 

The full article can be found here 

Our mission as thinc. is to challenge the use and misuse of law to delegitimize the State of Israel. 


thinc.’s Director of Research Prof. Greg Rose recently spoke at a Round Table organized by the Jerusalem Center for Public Affairs (JCPA) on the theme: The Oslo Accords at 30: Lessons Learned”.

Professor Rose discussed the developments in the International Criminal Court (ICC) and the International Court of Justice (ICJ). He argued that the “UN courts” like the ICJ and ICC have become unduly influenced by the anti-Israel agenda of the Organization of Islamic Cooperation (OIC), through the use of UN resolutions. This undermines traditional approaches to international law. These institutions have no accountability of substance, and there are few checks and balances. This system has also undermined Israel’s position under the Oslo Accords.

Anne Herzberg discussed the involvement of NGOs, in consultation with and funded by foreign governments, participating in the coordinated attack on Israel.

Professor Kontorovitch discussed international law and Israel’s sovereign claim to the borders of the British Mandate.

Dr. Fiamma Nirenstein told the story of her meeting with Yasser Arafat and how she had asked him to draw a map dividing the area between a sovereign Israel and the future Palestinian state. She explained how Arafat became furious with her question and had her thrown out.

Brooke Goldstein claimed that the Oslo Accords were responsible for turning murders into statesmen and funneling billions into terrorism that kills thousands of innocents. She added, “We are witnessing the child intifada” where hundreds of innocent Muslim children are indoctrinated into fundamentalist Islam where they commit terrorist acts. She explained how the Oslo Accords have only increased hatred towards Jews.

Nitsana Darshan-Leitner discussed the lawsuits that she spearheaded on behalf of the victims of terror against the PLO/PA. She also stressed the need to promote the bill to provide more substantial punitive damages not only for the benefit of the victims but also as a deterrent against the PA and its Pay-for-Slay policy.   

Watch this panel here:

Recent developments in “lawfare” against Israel 

The campaign to malign Israel as a State committing the war crime of apartheid continues. The highly-respected legal blog EJILTalk! Recently published a piece by two authors who referred to “trends of apartheid-like practices and policies that have developed in different regions of the world, from Rakhine State, to the Occupied Palestinian Territories, and even North Korea, …”. The article suggests that Israel should be compared with the most despicable regimes in the world. 
The full article can be found here
On thinc.’s Calendar

Coming up! “Australia, the EU, UN and Palestinian statehood”: A roundtable to discuss international legal issues:
October 5th, 2023 at 3-5pm, Melbourne, Australia. Registration and additional information at  [email protected]. RSVP by 2 October.

Save the date: A conference about EU policies is planned on 29^th November 2023 in Israel Center, Nijkerk, Netherlands.

Upcoming speaking engagements by thinc.’s Director Andrew Tucker Kingdom Festival on the Gold Coast on 29th September – 4th October 2023, together with the German/Israeli theologian and journalist Johannes Gerloff
  Conference for church leaders in Norway, 23-24 October 2023
  CSI Summit 9- 10 November 2023 in Berlin 
Recommended Reading – Why did the Oslo Accords fail?
Dan Diker writes at JCPA: “A Jerusalem Center for Public Affairs’ policy compendium has exposed, explored and assessed how the three-decades-old diplomatic process called the Oslo Accords, particularly Israel’s concessionary approach and policy passivity towards PLO and Palestinian Authority financial incentivization of terror, corruption and international defamation of Israel’s legal and diplomatic rights, have enabled the PLO/P.A. to assault Israel and defame its international standing. Simultaneously, the PLO’s cooption of Israel’s legitimacy has enhanced its international profile and standing as a U.N. non-member observer state. Our research and policy initiative recommends a more effective pathway for Israel to correct past policy errors and hold the P.A. accountable in order to achieve a more secure and viable approach to Israel-P.A. relations.” Read the full article here:

 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:

Natasha Hausdorff, a barrister in London and a Director of UK Lawyers for Israel, addresses the question ‘What are the border of the State of Israel?. In her speech, she argues that Israel’s international standing has been harmed by the application of double standards and the continuing misrepresentations of international law. The universal rule for determining borders for emerging states dictates that such states are established with the same boundaries of the prior administrative entity in that land unless otherwise agreed. The rule has been consistently applied. Under this principle of international law, Hausdorff argues, Israel automatically inherited the mandatory boundaries as its own borders. While parts of these territories (e.g. the Westbank) are politically disputed, the correct legal principle to be applied is clear and the term “annexation” is fundamentally misconceived as a State cannot annex its own sovereign territory.
Steven Zipperstein, Lecturer in the Global Studies program at UCLA, visiting Professor at Tel Aviv University Law School and Distinguished Senior Fellow of the UCLA Center for Middle East Development, discusses the Arab-Jewish conflict, framing of the conflict, and statehood proposals. In his speech, he argues the Palestinian legal case is weak due to the lack of political rights granted, as well as the repeated renunciation of statehood proposals by the Palestinian Arabs throughout. Zipperstein argues that the Palestinian insistence on invoking transformational legal framing and the injustice/victimhood narrative has become so overwhelmingly identified with the Palestinian politico-national movement that little or no room remains for serious discussion of the future task of state-building. Zipperstein suggests that the way to move forward is for the Palestinians to return to the negotions table instead.

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We challenge the misuse of international law to delegitimize the state of Israel.
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