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The Possibility of the ICJ and the ICC Taking Action in the Wake of Israel’s Operation «Cast Lead» in the Gaza Strip

A Jurisdiction and Admissibility Analysis

Series:

Oded Friedmann

Israel’s Operation «Cast Lead» in Gaza differed from prior armed confrontations between Israel and Hamas both in terms of its death toll and destruction. Following the Operation, numerous members of the international community and non-governmental organizations severely criticized the conduct of both sides during the conflict, calling upon the International Court of Justice (ICJ) and, mainly, the International Criminal Court (ICC) to investigate international law violations alleged against Hamas and, to a greater extent, Israel. This book provides an in-depth analysis of whether Israel or Israelis could face a legal reckoning before the ICJ and ICC, based on the serious allegations made against the conduct of the Israeli Defense Forces during the Gaza armed conflict. The analysis focuses solely on jurisdiction and admissibility issues, and does not weigh in on the veracity or legal accuracy of the allegations.

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ACKNOWLEDGMENTS

Extract

In December 2012, this book was accepted as a doctoral thesis by the University of Trier Law Faculty. In addition to the in-depth and objective understanding of the historical “roots” of the ongoing Arab-Israeli conflict in the Middle East, the extensive researching and writing of this book provided me with a unique opportunity to analyze and understand the purpose and role of the ICJ and the ICC. Specifical- ly, the way they function and act in particular cases, and their ability (or lack thereof) to investigate, prosecute and eventually prevent the most serious crimes of international concern. These insights provided the basis for the analysis of the highly complex and intriguing legal relationship between Israel, the state of the Jewish people, and the international courts, following Israel’s operation “Cast Lead” in the Gaza Strip. For this once in a lifetime, enriching experience I would like to thank a number of people. First and foremost, my doctoral adviser, Prof. Dr. Dr. h.c. mult. Hans-Heiner Kühne, who from the very beginning of our cooperation sup- ported this project, providing indispensable academic guidance. I sincerely thank him for the warm and productive work environment, his genuine interest in my topic and the numerous suggestions and fruitful discussions. I would also like to thank: Prof. Dr. Alexander Proelß, whose valuable comments as second reviewer of my doctoral thesis significantly contributed to its final form and content; the University of Trier Law Faculty’s academic ad- viser, Ulrike Leich, for her crucial help and support,...

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