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Lawfare Project in the Media
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The Truth and UNtruth of the Matter

By Amanda Berman

The Star (Johannesburg)

Last week, this publication featured several articles purporting to accurately assess the 2014 Israel-Gaza conflict and the UN Human Rights Council Independent Commission’s subsequent investigation into alleged violations of the laws of war. These articles, like the Commission, conclude that the Israel Defense Forces (IDF) is guilty of various war crimes, most identifiably because of the disproportionate civilian casualty count and physical destruction of Gaza as compared to Israel. This conclusion, rabidly advanced by Jerome Slater, is both backward and illogical, misunderstanding and therefore misapplying the proportionality principle of international humanitarian law (IHL).

First, the civilian casualty count in Gaza was high because the publicly declared strategy of Palestinian militant leadership is to use civilians as human shields to guard its combatants and weapons. Allegations that Israel committed war crimes by failing to “alter its strategy” to avoid civilian casualties deny the fundamental reality that Israel could not alter its strategy without crippling its ability to accomplish the existential goal of the mission: to defend its citizens and territory from incessant rocket fire and destroy the weapons arsenals of its terrorist attackers.

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Last Updated ( Wednesday, July 01, 2015 )
 
Legal Fiction Outweighs Real-World Facts: Supreme Court Strikes Down "Jerusalem Passport Law"
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On Monday, the U.S. Supreme Court struck down a law that permitted Americans born in Jerusalem to list "Israel" as their birthplace on their passports. The case was brought on behalf of Menachem Zivofotsky, a 12-year-old boy born to U.S. citizens living in Jerusalem (specifically, western Jerusalem), who requested that his U.S. passport list his place of birth as "Israel" pursuant to section 214(d) of the Foreign Relations Authorization Act, Fiscal Year 2003.

In a 6-3 ruling, the Court held that only the president has the authority to recognize foreign nations, and Congress unconstitutionally impinged on this executive power in passing the law at issue. According to the Court, the law would have forced the State Department to change its policy not to recognize Israeli or Palestinian sovereignty over Jerusalem until its status is resolved through negotiations.

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Last Updated ( Wednesday, June 10, 2015 )
 
BREAKING: Lawfare Project releases provocative 4-minute video on Islamist threat to free speech


Protect your free speech rights by exercising them.

Share the video and join the conversation!

In 4 minutes, The Lawfare Project exposes...

  • The Council on American-Islamic Relations's (CAIR) crusade to suppress free speech in the United States
  • Intimidation of the media by the Muslim Brotherhood-linked Islamic Society of Boston, the mosque attended by the Boston Marathon bombing suspects and founded by an al-Qaeda operative
  • The Organization of Islamic Cooperation's (OIC) efforts to impose blasphemy laws on the West
  • The U.S. government's purging of counter-terrorism training materials to the detriment of our own national security interests

The Lawfare Project is a qualified 501(c)(3) tax-exempt non-profit organization dedicated to providing legal support to persons targeted for speaking publicly about Islamist terrorism. We are a group of more than 300 lawyers whose mission is to uphold the right to openly discuss real and imminent threats to our personal and national security.

Last Updated ( Thursday, December 11, 2014 )
 
Camp Jihad - Inside UNRWA Summer Camp
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Click HERE to learn more about UNRWA's violation of children's human rights.

 
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United Nations Strikes Again: Lawfare Project Dismayed by Biased and Improperly Influenced Report by the United Nations Commission of Inquiry on the 2014 Gaza Conflict
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The Lawfare Project is dismayed that the United Nations has once again used its podium of alleged international legal authority and legitimacy to attack and unfairly malign Israel, the only democratic, law-abiding and human rights respecting state in the Middle East. The report of the Independent Commission of Inquiry  on the 2014 Gaza Conflict  is biased, improperly influenced and without basis in fact or reality.

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Last Updated ( Wednesday, June 24, 2015 )
 
Lawfare Project Submits Investigative Report, "Hamas's Violations of International Law," to UN Commission of Inquiry on the 2014 Gaza Conflict
The United Nations Independent Commission of Inquiry on the 2014 Gaza Conflict requested submissions relevant to its mandate of investigating violations of the laws of armed conflict. Further to this request, The Lawfare Project submitted its investigative report "Hamas's Violations of International Law," detailing specific instances of violations relevant to the Commission's efforts.

The key findings of our report were based on the application of Customary International Humanitarian Law (CIHL), which is distinct from treaty law in that it is universally applicable, binding even non-state actors and non-signatories like Hamas. Our unique approach to the analysis of laws of war violations under CIHL has received significant praise from legal experts, organizations, and members of government.

Last Updated ( Wednesday, April 01, 2015 )
 
The War Against Free Speech: A First Amendment Guide for Reporting in an Age of Islamist Lawfare
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