Rethinking International Law After Gaza BILC 2024: Summary and Declaration

[Hüseyin Dişli is a PhD candidate at the University of Kent and convening Legal History and Legal Philosophy modules at Boğaziçi University Faculty of Law. He serves as a legal counsel to the Freedom Flotilla Coalition (FFC).

Ömer Erkut Bulut is an Assistant Professor at Boğaziçi University Faculty of Law in Istanbul, Türkiye.

Hasan Basri Bülbül works as an Assistant Professor of Public International Law at Boğaziçi University Faculty of Law in Istanbul, Türkiye.

M Beheşti Aydoğan holds a PhD from the University of Warwick’s School of Law and is a member of the Istanbul Bar Association.]

On 3-4 August 2024, over 100 international lawyers from across the world gathered at Boğaziçi University in Istanbul to act on our shared outrage at the ongoing Israeli genocide in Gaza, 76 years of Nakba, apartheid, dispossession, and denial of basic rights/freedoms. At the “Rethinking International Law After Gaza” conference, participants considered how international law might and/or should look in a world that cannot – and must not – forget the atrocities currently underway. 

This declaration summarises the findings of BILC 2024 and puts forward a declaration of action.

Conference Summary

During the BILC 2024 conference, international law specialists from a variety of perspectives presented their reflections on Israel’s actions. The genocide in Gaza cannot be divorced from the systematic oppression and periodic massacres endured by the Palestinian people since 1948. As many BILC 2024 speakers addressed, colonialism is not merely a backdrop, but rather a central force shaping the very foundations of international law and influencing its application today. Given that international law’s structures reflect colonial violence and hierarchies, is international law capable of supporting Palestinians in their quest for justice and freedom?

The conference presentations are summarised under the following themes:

I. International Law in Gaza

Speakers explored whether international law has provided sufficient redress for the Palestinians amidst the ongoing genocide, noting that it has been unable to stop it. They discussed the prima facie nature of the genocide in Gaza amidst mass deliberate killings, torture, the elimination of critical infrastructure, a total siege that prevents adequate humanitarian aid, food and water from reaching the population, domicide, mass displacement, deliberately imposed starvation, and a total obliteration of the healthcare system. International law provides a technical language for evaluating genocidal acts but, when accounting for Israel’s behaviour these past months, that language was found to be incomplete.

II. The International Court of Justice’s Advisory Opinion

ICJ Advisory Opinion (AO) of 19 July 2024 is an authoritative statement of relevant law. The AO has declared Israel’s occupation of the Palestinian territories as illegal, mandated Israel to end it, dismantle all settlements, provide full reparations to Palestinian victims and facilitate the return of those displaced. 

Speakers emphasised the four main findings of the AO and their implications.

First, the ICJ observes that Israel violates the ius cogens and erga omnes obligation to respect the right to self-determination for the Palestinian people as well as the obligation arising from the prohibition of the use of force to acquire territory. The ICJ underscores the obligation of all states to cooperate in ending Israel’s illegal occupation and ensuring the full realisation of Palestinian self-determination, including the territorial integrity of the OPT. The Court gives the task to the UN General Assembly and the UN Security Council of pronouncing on the modalities while all states have an obligation to cooperate with the UN in putting these modalities into effect.

All States are also under an obligation not to recognize any changes in the physical character or demographic composition, institutional structure or status of the territory occupied by Israel on 5 June 1967.All states are further under an obligation not to render aid or assistance in maintaining the current situation; to ensure that the impediment to the exercise of the Palestinian people’s right to self-determination is brought to an end, and to ensure that Israel complies with international humanitarian law. The AO calls on third states to actively support the Palestinian struggle by providing material and moral support while avoiding complicity in Israel’s violations. 

Second, as to the right to return, the AO explicitly recognises the right to return of Palestinians who were displaced after the Israeli occupation of Palestinian territories in 1967. The Court does not expressly address 1948 displacement due to the narrow framing of the question by the General Assembly, which only referred to the Israeli policies and practices after the occupation in the OPT. As the speakers noted, however, the right to return is not confined to post-1967 displacements but includes earlier forced expulsions which started even before 1948. This is customary international law as reflected by several UNGA Resolutions, primarily Resolution 194 (III) of 1948, which explicitly affirms the right of Palestinian refugees to return to their homes including to territories of what is now Israel today.

Third, the AO acknowledges that Gaza is occupied territory as Israel continues to exercise effective control over Gaza’s land, sea, and air borders, which affects the movement of people and goods. Israel’s obligations as the occupying power correspond to its level of control. Israel’s policies, -including the blockade- obstruct the realisation of the Palestinians’ right to self-determination. Speakers concluded that by inference, the naval blockade, the siege of Gaza, the Israeli control of the Rafah borders and its operations in Gaza are unlawful.

Fourth, the AO confirms the existence of apartheid in everything but name. While there was a reluctance by a segment of the Court to use the term apartheid, the longest segment of the AO is dedicated to the issue of discrimination and a breach is found in this regard of the UN Charter, the International Convention on Civil and Political Rights and the Convention on the Elimination of Racial Discrimination. Speakers considered that the description of the discrimination also constitutes the crime of apartheid and called for the revival of the Apartheid Convention’s monitoring body.

III. Inequality in the International Legal System

Speakers emphasised how the events in Gaza have highlighted the inadequacies, and systematic failures, of existing legal frameworks and the need for transformative approaches that integrate marginalised perspectives and challenge insufficient, even unjust norms. The normative and practical capacity limitations of international law raise significant questions regarding its integrity and applicability, leading to a ‘crisis of implementation’ where equal parties are treated unequally. Specifically, power has historically been leveraged to reshape legal norms – this being a practice that aligns with Israel’s ongoing efforts to cater international law to its advantage.

IV. Decolonising International Law

Speakers deconstructed how legacy of colonialism manifests itself in the methodologies, ontologies, and epistemologies employed in the study and practice of international law. The need to decolonise international law is more urgent now than ever. Decolonial approaches, including epistemological pluriversalism, can contribute to decolonising- legal and otherwise- knowledge production more holistically, reflecting the lived realities of marginalised communities. The purported universality of international law often masks deep-seated (colonial & post-colonial) biases, while the genocide in Gaza has made it more impossible than ever to ignore the need for a legal order that genuinely reflects the rights and aspirations of all peoples–not just the global North. Attempts to decolonise international law are one key route to recalibrating international law away from its colonial legacy and towards an order that both perceives and treats equals equally.

V. Legal Strategies and Coordination for Palestinian Liberation

During the conference, the necessity of cohesive legal strategies and coordinated efforts for Palestinian liberation emerged as a recurrent theme across multiple discussions. Speakers underscored that those within the legal profession bear a unique responsibility to act in solidarity with the oppressed, advocating for justice irrespective of creed, language, or ethnicity. This solidarity, however, must be renewed on more deliberate and studied terms, with clearly defined goals and coordinated strategies that genuinely reflect the aspirations of the Palestinian people for self-determination and liberation. Participants reflected on the troubling tendency within legal circles to view Palestinians merely as subjects or objects of charity, rather than as pivotal agents of legal and political transformation. This reductionist view neglects the rich diversity of perspectives and the innovative potential that Palestinians bring to their own struggle. It is imperative, therefore, to recognise that legal advocacy for Palestine must extend beyond traditional litigation, embracing a broader spectrum of legal and political tools to advance the cause of liberation. In synthesising these discussions, several key areas of focus were identified as critical to advancing a more effective legal strategy for Palestinian liberation. There is an urgent need for better coordination across different legal jurisdictions to ensure a unified approach that can effectively challenge Israel’s actions on multiple fronts. Legal protections must be strengthened to safeguard Palestinians and their advocates from reprisals and legal persecution, ensuring they can continue their work without fear of retribution. Several discussions emphasised the importance of establishing robust legal frameworks that uphold the right to resist Zionist racism and settler-colonialism, recognising this resistance as a legitimate response to systemic oppression and apartheid. It is imperative to enhance the collection of evidence, improve case coordination, and sharpen prosecutorial strategies to hold perpetrators accountable and advance the cause of justice for the Palestinian people.

Declaration of Action

BILC 2024 participants join the following call for action to achieve justice for Palestinians: 

• Re-Prioritise UN Resolution 194: Building on the ICJ Advisory Opinion affirming the Palestinian right to self-determination, particularly the right of return and reparations, efforts should focus on re-prioritising UN Resolution 194 and the mandate that Palestinians must be allowed to return to their original homes and lands. This resolution, which addresses the right of return and reparations for Palestinian refugees, must be upheld as a central mechanism for achieving justice for Palestinians.
• Shift to Justice-Centric Frameworks: The international community must transition from state-centric approaches to justice-centric frameworks in addressing and seeking resolution to Palestinian conditions. This shift should emphasise prioritising human rights, accountability, and justice for Palestinians over purely diplomatic, political, or state-focused resolutions.
• Reinstate UNGA Resolution 3379: Advocate for the reinstatement of UNGA Resolution 3379, which equated Zionism with racism, and push for its enforcement. This should be coupled with efforts to frame Zionism under the same international legal standards applied to other ideologies promoting racial superiority, such as those condemned by UN General Assembly Resolution 68/150, which was passed on 18 December 2013 and is entitled, “Combating glorification of Nazism, neo-Nazism and other practices that contribute to fueling contemporary forms of racism, racial discrimination, xenophobia and related intolerance”.
• Recognise the Nakba as an Ongoing Crime: Recognise the earliest Zionist colonial massacres, rapes, destruction of villages and the ethnic cleansing and displacement of the native population (known in Arabic as the Nakba) not merely as a historical event, but as an ongoing crime of expanding apartheid and settler colonialism. Zionist colonisation should be conceived of, and addressed, as an internationally coordinated criminal operation.
• Strengthen South-South Cooperation: Develop and formalise institutional relationships and coalitions between global South institutions, inspired by conferences and initiatives like BILC 2024. Such partnerships should focus on mutual support, information exchange, and coordinated action to dismantle colonialism and support Palestinian rights.
• Leverage International Economic Law: Leverage international economic and trade law to protect Palestinian national and personal economic interests and challenge the legitimacy of Zionist economic activities in occupied territories. Furthermore, the mechanisms of international economic law, and particularly investment treaty law, can be used to hold Israel responsible for the material destruction and deprivation of property in the occupied territories.
• Utilise Universal Jurisdiction: Effective use of universal jurisdiction to hold Israeli officials accountable for crimes committed in Gaza is crucial. Identify countries with favourable laws and collaborate with local legal teams to initiate cases, coordinating with international human rights organisations to support these legal actions.
• Educate Globally: Focus on educating the global community, especially youth, on international law and the Palestinian cause. Develop and implement educational programs, workshops, and seminars in universities worldwide, collaborating with academic institutions to integrate these topics into their curricula.
• Leverage the ICJ Advisory Opinion: Develop strategies to leverage the ICJ Advisory Opinion on Palestine by emphasising its findings in international legal forums and political advocacy. Use the opinion to support legal actions, shape diplomatic strategies, pursue corporate accountability, and pressure states to adhere to its conclusions.
• Strengthen Legal Actions at the ICJ and ICC: Intensify efforts to bring Israeli actions before the ICJ and ICC, focusing on the genocidal aspects of their policies. Compile and present comprehensive legal documentation to support claims, and mobilise international legal experts to ensure a robust presentation of the Palestinian case.
• Revive the Apartheid Convention’s Monitoring Body: Call for the convening of a meeting and revival of the Apartheid Convention’s monitoring body which has been suspended in 1995, rendering the Convention de facto dormant. 
• Impose a Military Embargo: Support and amplify international efforts to impose a military embargo on Israel in light of the ICJ Advisory Opinion. Advocate for halting the sale, transfer, and use of weapons, military equipment, and dual-use technology to Israel, pressuring governments and corporations to cease military collaborations.
• Advocate for Trade Sanctions: Advocate for trade sanctions against Israel and all businesses that support Israel’s occupation. Pressure governments to implement these sanctions and target companies complicit in violating Palestinian rights.
• Suspend Israel from International Events: Campaign for the suspension of Israel from international sports and cultural events. Encourage cultural institutions and workers to boycott collaborations with Israeli entities to undermine the normalisation of apartheid.
• Boycott Israeli Academic Institutions: Advocate for a comprehensive boycott of Israeli academic institutions. Support Palestinian educators and students by refusing to engage in collaborations with Israeli-linked entities and promoting alternative educational partnerships.
• Raise Awareness of Reproductive Genocide: Raise global awareness of Israel’s policies amounting to reproductive genocide against Palestinians. Advocate for policy changes to address this issue and support affected communities through international campaigns.
• Support Expanding List of International Crimes: Include concepts such as “ecocide” and “domicide” to the list of international crimes to reflect the large scale intentional destruction of the environment and peoples’ homes exceeding military necessity. 
• Mobilise Climate Justice Organisations: Mobilise climate justice organisations to expose Israel’s environmental destruction in Gaza as ecocide. Challenge Israel’s greenwashing efforts and advocate for the ecological restoration of Gaza.
• Amplify Palestinian Voices: Amplify Palestinian voices to counter Zionist propaganda and promote the legitimacy of Palestinian resistance. Educate global audiences about the historical and ongoing injustices faced by Palestinians, shifting the public narrative to one of support for Palestinian rights and liberation.