Opinion

Lawfare: Israel's Newest Front

Todd R. Mendel and
Kenneth C. Gold

311

rya

Commuriity View

T

he Israel Ministry of Foreign
Affairs has enlisted the help of
approximately 150 lawyers from
31 countries (including us) in the lat-
est front of Israel's existential battle —
Lawfare.
Lawfare is the global effort of Israel's
enemies to attack her in international and
European courts, in news media, public
relations, boycott, divestment and sanc-
tions campaigns, and in governmental and
international bodies such as the United
Nations Human Rights Council.
The ministry held a first-of-its-kind
conference in the Jerusalem hills from
Aug. 29 to Sept. 2. The time, effort and
budget invested by the ministry in this
endeavor were substantial and a high pri-
ority for the Israeli government.
Attendees were primarily lawyers from
31 countries with activist involvement in
their local Jewish communities, as well as
similar-minded Christian and Muslim par-
ticipants. The Israeli government frankly
explained to the group in a jam-packed,
four-day conference the special problems
and double standards to which it is unique-
ly being subjected on the world stage.
Attendees visited with President
Shimon Peres at his residence. They
were addressed by Israel's ambassadors
to the United States, France and Spain,
Israeli Supreme Court Justice Elyakim
Rubinstein, Deputy Prime Minister and
Minister of Intelligence Dan Meridor,
Deputy Minister of Foreign Affairs Danny
Ayalon and a host of very high level legal,
military and government experts.
We also visited Sderot, areas around
Gaza and an Israeli air force base, receiv-
ing extensive briefings on the situations in
these areas.

The Backdrop
In its most basic form, Lawfare is waged
by the Arab and Islamic majorities (many
of which are some of the worst human
rights violators) in biased international
bodies, such as the U.N. Human Rights
Council. There, they pass resolutions and
force investigations with predetermined,
politically motivated outcomes against
Israel.
This effort seeks to develop a body of
what seems to be "law," which Israel is pre-
judged to have violated. The false "law" is
reported and amplified in the worldwide
media as if it is legitimate.
The media do no investigation. Instead,

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September 23 • 2010 114

President's Residence

.

Detroiters Ken Gold and Todd Mendel outside Israeli President Shimon Peres' residence.

they simply report and repeat on a
24-hour, seven-day-a-week cycle what was
alleged or said without regard to truth or
legitimacy.
Media reports affect and influence world
leaders and public opinion. This results in
activism by misinformed.and misguided
NGOs (non-governmental organizations),
academics and governments, which use
reprehensible and completely false labels to
describe Israel. These include comparisons
to "apartheid;' "Nazis" and the like and
result in unbelievably distorted events on
college campuses such as "Israel Apartheid
Week" and various as-yet unsuccessful boy-
cott and divestment efforts against Israel.
This vicious cycle, which is entirely
premised on false "law" and political
hate, ignores completely that Hamas and
Hezbollah indiscriminately attack civilians
in Israeli cities with rockets; use human
shields to maximize Palestinian casualties
by firing rockets at Israel from schools,
mosques, hospitals and homes; persecute
Christian minorities in the areas they con-
trol; refuse to follow any law whatsoever
regarding kidnapped Israeli Gilad Shalit;
and perpetrate an endless list of human
rights violations against others in the
areas they control.

Where's The Outrage?
It has somehow become acceptable in the
international community for towns like
Sderot in Israel to be hit with 10,000 rock-
ets from Gaza over the last 10 years. The
international community only focuses on
the consequences of Israel fighting back,
then condemns Israel for doing so when it
is Israel that is complying with the actual

A Higher Standard
These facts are all public and available
for all to see. No country or army in the
world is held to the standard that Israel is
expected and tries to meet. However, the
media, the public, the international bodies
and the foreign governments that con-
demn every action of Israel never take the
time or care to even hear the truth:
Incredibly, some minority of Jews are
among this group and are often given
- voice in the media as if they represent the
mainstream views of Jews, which they do
not.
Many Western governments and aca-
demics have fallen for the misconceptions
hook, line and sinker, without realizing
that Israel is merely the "canary in the
coal mine" and that all democracies are at
grave risk from these tactics.
For example, a treaty invoking the legal
concept of universal jurisdiction was
designed to bring warlords and butchers
from the likes of Sudan, Rwanda and the
former Yugoslavia (who were not subject
to legitimate democratic justice systems
in their respective countries) to justice in
other countries like Belgium, the United
Kingdom and Spain. Instead, universal
jurisdiction is now cynically and political-
ly being used as a form of Lawfare against
democracies that are properly operating
according to the laws of war, such as Israel
and the United States.
The United States and Israel have
refused to sign this treaty because the
potential for abuse is so great and the
.
treaty has already been abused. How long
before this abuse reaches the generals.
and politicians of the United Kingdom,
Belgium, Spain and other NATO countries?

law and Hamas and Hezbollah that are
blatantly violating it.
Hamas and Hezbollah would rather wage
a pointless war against Israel to gain points
in the media than to engage in the task of
building a productive Palestinian society.
Somehow, the truth has been lost and
the morality twisted in the international
coverage of the conflict — especially so in
Europe, Central and South America.
Hamas does not invite journalists
to witness its firing of a rocket from a
mosque, hospital or school. It only invites
journalists to see the response from Israel.
But the world has bought into this moral
wrong. In an Alice-in-Wonderland fashion,
the topsy-turvy world has turned reality
upside-down. The facts can no longer speak
for themselves because of the severe propa- Teaming To Fight
ganda war being waged against Israel.
Israel has had to focus its energies else-
The law of armed conflict, which is what where, given the immense challenges
Israel is engaged in and applies in Gaza,
it faces with 40,000 rockets aimed at
is carefully followed by Israel. The effort
her cities on its northern border with
that Israel puts into avoiding Palestinian
Hezbollah in Lebanon, and 5,000 rockets
civilian casualties and collateral damage,
aimed at its cities from Hamas in Gaza,
at the expense of Israel's own soldiers and
and with Iran building a nuclear weapon
civilians, because it is the right and Jewish
in its neighborhood as well as the means
thing to do, is truly astounding and was
to deliver it against Israel.
shown to the attendees at the conference.
Israel is only now turning its attention
The level of involvement, even during
to the Lawfare being waged against it as
military operations, of Israel's judiciary
the latest existential threat. Fortunately, it
(which is revered and renowned as a bea-
has many friends to help its cause.
con of the Middle East's only true democ-
Israel has not let the military challenges
racy) to ensure that civilian casualties and
it faces overwhelm it. It continues its ear-
damage are minimized as much as possible, nest efforts for a peace agreement with at
is truly unique. The in-depth investigations
least the Palestinians in the West Bank.
conducted by Israel's military, attorney gen- And it continues to be a cradle of innova-
eral and supreme court over every aspect of tion for the world in our high-tech soci-
alleged improper conduct also are incom-
parable (even to other democracies).
Lawfare on page 35