Israel v. Palestinian Authority (International Court of Justice)

Israel is Not in Violation of Article 49 of the Geneva Convention
By Kirsten Dunn

Kirsten Dunn is a third-year student at Albany Law School, scheduled to graduate in May 2016. She is also a candidate to receive an M.S. in bioethics from Albany Medical College.
Kirsten is the co-Executive for the student chapter of the National Association of Elder Law Attorneys (NAELA), as well as a member of the Elder Law and Health Law Societies.
Kirsten was recently profiled on the Albany Law School website: Family Matters: Dunn '16, Mother of 9, Closing in on J.D. (http://www.albanylaw.edu/students/spotlight/Pages/Kirsten-Dunn-16-Mother-of-9-Closing-in-on-J-D.aspx)
She wrote this paper on Israel v. Palestinian Authority, for Professor Bonventre’s International Law of War and Crime seminar, Fall 2015. 

LETTER FROM THE AGENT OF ISRAEL TO THE REGISTRAR

OF THE INTERNATIONAL COURT OF JUSTICE . 

I have the honour to submit for consideration of the Court the Application instituting proceedings for Summary Judgment with regard to Israel’s alleged violations of Article 49 of the Geneva Convention (Israel v. Palestinian Authority).  Understanding that the Palestinian Authority is not a recognized member state within the United Nations, Israel hereby seeks recognition of Israel’s sovereignty over the areas of Judea and Samaria through this summary judgment motion.  In the event that this Court cannot make such a judgment over the non-member state of the Palestinian Authority, Israel hereby requests an Official Advisory Opinion be issued in lieu of such Summary Judgment.

(Signed) Kirsten Dunn,
Agent for the Nation of Israel
____________________________
To read the entire paper, open HERE.

The Gaza Blockade and Flotilla Incident

International Legal Considerations

By Daniel M. Bernstein

Dan Bernstein is a third year student at Albany Law School and a Senior Editor for the Albany Law Review.

This paper was prepared for the International War and Crime Seminar, Fall 2011.

On May 30, 2010, six civilian ships sailed toward Gaza in an effort to breach a three-year Israeli naval blockade. When Israel’s warnings to change course went unheeded, Israeli commandos intercepted and boarded the ships. A violent confrontation ensued and eleven flotilla passengers were killed.

In response to the flotilla incident, the UN commissioned a panel to advise the international community regarding the Gaza blockade, the violent confrontation, and diplomatic considerations for avoiding future conflicts. The UN’s report was published in September 2011. This paper discusses the history of Israel’s blockade; the organization and execution of the flotilla mission; the events of May 30 and May 31, 2010; the relevant international law for blockades; and the UN report’s critique of Israel’s blockade and the flotilla incident.

Background to Israel’s Naval Blockade

Following Israel’s 2005 withdrawal from Gaza, disputes between Israel and her Palestinian neighbors resulted in increasing cross-border hostilities in the form of rocket attacks, military reprisals, state-approved shelling of civilians, and large-scale air and ground invasions. In Israel’s southernmost town of Sderot, more than 6,000 mortar bombs and rockets from Palestinian resistance groups posed a steady threat to the civilian population.The attacks brought “panic, destruction and occasionally death” to the town, where targets that were hit included residential homes, a school bus, and a high school.

Israel began efforts to weaken Hamas through economic sanctions and imposed new security measures including increased security checks at crossings between Israel and the Gaza Strip and restrictions on the movement of Hamas officials. The Israeli military and the Egyptian government also worked to eliminate a series of tunnels between Egypt and Gaza that were used to smuggle militants, weapons, and explosives.

However, rocket fire into Southern Israel continued, and in June 2007, militants from Hamas and allied groups used tunnels to cross into Israel and kidnap an Israeli soldier.

Israel reacted by ordering a full cargo blockade of the Gaza Strip. As part of its enforcement of the blockade, no boat – civilian or enemy – was permitted to enter the blockaded area, and Israel warned that “[a]ny vessel that violates or attempts to violate a maritime blockade may be captured or even attacked under international law.”*

_____________________________
* Citations to references in this introduction are available in the paper.
To read the entire paper, open HERE.