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How do you prove you don’t have a sister?

How do you prove you don’t have a sister?. Michal Gur-Aryeh Deputy Director, International Law Department Israeli Ministry of Foreign Affairs. Some of the Challenges. Media Context: Media Obsession with Israel Generally, Israel doesn’t set the Media Agenda but Reacts to it

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How do you prove you don’t have a sister?

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  1. How do you prove you don’t have a sister? Michal Gur-Aryeh Deputy Director, International Law Department Israeli Ministry of Foreign Affairs

  2. Some of the Challenges • Media Context: • Media Obsession with Israel • Generally, Israel doesn’t set the Media Agenda but Reacts to it • Pro-Palestinian Reporting, inc. by News Agencies • Challenges of a Democracy fighting Unscrupulous and Media-savvy Terrorist groups • Legal Warfare Tactics of Pro-Palestinian groups: • Manipulation of Human Rights Terminology • Soft Law (e.g. General Assembly Resolutions) presented as Hard Law • Misrepresentation of IHL

  3. Rewriting Principles of International Law Effect on World Leadership & Public Opinion NGO and HR Rapporteur reports More Mechanisms and Activism Outcome: A Vicious Cycle Amplification In Media

  4. Outcome: The Law Restated • 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)

  5. What Can be Done? • Provide Contacts with the Letter of the Law • Succinctly & Accurately • Be Proactive • Cast a Wide Net (Especially in the Media) • Ask us for any Information you need • Engage Legal Experts • E.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

  6. “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 Barak Former Chief Justice Israel Supreme Court

  7. Thank you michalga@mfa.gov.il

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