The International Legal Scholar in Palestine: Hurling Stones under the Guise of Legal Forms?

Abstract

This paper is the written transcript of the author’s exchange of views with Martti Koskenniemi and Mudar Kassis on the occasion of a debate organized by the Institute of Law (IoL) of the University of Birzeit. The paper explores the origin of international lawyers’ frustrated expectations when it comes to the role of international law in the Middle East. It more specifically argues that the disenchantment of international lawyers is the upshot of three well-entrenched beliefs. It then elaborates on three attitudes which can help international lawyers make sense of the role of international law in general and, in particular, in the Palestinian-Israeli conflict. Attention is paid to the place of compliance in studies about international law, the role of legal forms and, eventually, the role of international legal scholars in a conflict like the Palestinian-Israeli conflict. The spoken character of the text has been preserved.

Keywords: International Law, International Legal Theory, Sources of International Law, Palestine, Gaza, West Bank, Israel, Compliance, Formalism, Lawfare, Occupation, Hart, Realism, Natural Law, International Legal Scholars