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The ICJ Makes Peace Harder
The ICJ’s advisory opinion on Israel and the Palestinian territories is so, so dispiriting. Let me begin with the caution I gave in my very first post after the October 7 massacre and repeated in one form or another in my post explaining the view of scholars who said that Israel did not have the……
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Paper of the Day: Toward Nakba as a Legal Concept
The paper of the day is Toward Nakba as a Legal Concept, by Harvard SJD student Rabea Eghbariah, which has just been published—at least I think it has. Eghbariah’s article has had a long history of getting to press. In November 2023, the board of the Harvard Law Review decided against publishing the post in……
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The ICC Prosecutor’s Request for Warrants
Okay, I suppose I ought to comment on the decision of the ICC’s prosecutor, Karim Khan, to seek arrest warrants for the leaders of Hamas as well as for Israeli prime minister Netanyahu and defense minister Gallant. I begin as always with my disclaimer: I am not an expert in the relevant law! First, it’s……
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Case of the Day: Fuld v. PLO
The case of the day is Fuld v. PLO (2d Cir. 2024). It’s a denial of a petition for an en banc rehearing in an important personal jurisdiction case, and since the Second Circuit is so stingy with en banc rehearings, the decision isn’t a surprise. There are, though, two interesting opinions, one a concurrence……
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The Boston City Council Gets It Wrong On Gaza
I’ve lived in the City of Boston for more than twenty years. I love Boston. I do not always love Boston’s City Council. That’s especially true today. Councilor Tania Fernandes Anderson, whose prior antisemitic comments I am not going to detail here, offered a really unfortunate resolution on the Gaza war, and the City Council,……