Michal Gur-Aryeh

Deputy Director, International Law DepartmentIsraeli Ministry of Foreign Affairs

Media Context:Media Obsession with IsraelGenerally, Israel doesn’t set the Media Agenda

but Reacts to itPro-Palestinian Reporting, inc. by News AgenciesChallenges of a Democracy fighting Unscrupulous

and Media-savvy Terrorist groups

Legal Warfare Tactics of Pro-Palestinian groups:Manipulation of Human Rights TerminologySoft Law (e.g. General Assembly Resolutions)

presented as Hard LawMisrepresentation of IHL

NGO and HR Rapporteur reports

Rewriting Principles of International Law

Effect on World Leadership &Public Opinion

More Mechanisms and Activism

Amplification In Media

The [EU Presidency] urges Israel to refrain from all activities that endanger civilians. Such activities are contrary to international law” (EU Presidency Statement, 2.3.08)

The Law:“Parties must refrain from incidental damage to civilians which would be excessive in relation to the concrete and direct military advantage anticipated”(  Article 57(2) of the Additional Protocol to the Geneva Conventions)

“The presence of civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks.”(Article 51 of the Additional Protocol)

Provide Contacts with the Letter of the LawSuccinctly & AccuratelyBe ProactiveCast a Wide Net (Especially in the Media)Ask us for any Information you need

Engage Legal ExpertsE.g. Request Examples of Proportionality from their

Experience

If Hamas came under criticism for human shield practices – they would stop, and Palestinian civilian lives would be saved

“This is the fate of democracy, as not all means are acceptable to it, and not all methods employed by its enemies are open to it. Sometimes,

a democracy must fight with one hand tied behind its back.

Nonetheless, it has the upper hand”

Aharon BarakFormer Chief Justice

Israel Supreme Court

michalga@mfa.gov.il