This article is informed by interviews conducted by V24 with various experts, including Arsen Ostrovsky, an international human rights lawyer, and other key figures on the issue of lawfare. Their insights shed light on how this legal battle is playing out against Israel and the broader implications for international justice.
Courtrooms Wars
Israel is no stranger to conflict, but today, a different kind of war is unfolding - one fought not with weapons, but with lawsuits, resolutions, and legal accusations. This is lawfare, a strategy where international legal systems, originally designed to uphold justice, are manipulated to delegitimize Israel, constrain its actions, and shield its enemies from accountability.
International human rights lawyer Arsen Ostrovsky warns that lawfare is being used to weaken Israel on multiple fronts. With military efforts failing to achieve their objectives, Palestinian groups and their allies are turning to international courts and institutions to accuse Israel of war crimes, apartheid, and even genocide. These allegations don’t just aim to damage Israel’s reputation - they’re designed to erode its legitimacy altogether.
The most alarming example? The accusation of genocide. The term itself was enshrined in international law to prevent atrocities like the Holocaust and now, as Michal Kotler-Wunsch, Israel’s Special Envoy for Combating Antisemitism, puts it, this very law is being "perverted into a modern-day blood libel" against the Jewish state.
Lawfare in Action
According to Ostrovsky, Israel faces lawfare on multiple fronts: the UN, the ICC, and the ICJ. Beyond courts and international bodies, economic lawfare adds another layer of pressure, turning legal and financial tools into weapons against the state.
The United Nations (UN)
With its one-country, one-vote system, the UN has become a key battleground. The UN Human Rights Council (UNHRC) maintains Agenda Item 7, a permanent review of Israel’s actions - something no other country faces. Meanwhile, serial human rights violators enjoy relative impunity. This dynamic reveals a structural problem within the UN, where resolutions against Israel consistently outnumber those addressing egregious human rights violations elsewhere. Dan Fefferman, co-chair of Sharaka, calls this “kabuki theater” - a staged performance where dictatorships and autocracies routinely vote to condemn Israel while ignoring far graver atrocities worldwide.
The International Criminal Court (ICC)
The ICC is investigating Israel for war crimes despite the fact that Israel never signed the Rome Statute, the treaty governing the court. The real goal? To criminalize Israel’s right to self-defense. Meanwhile, Hamas, which openly targets civilians and commits war crimes, largely escapes scrutiny. Ostrovsky calls this a "grotesque distortion of international law", erasing the line between democratic states and terrorist organizations.
The International Court of Justice (ICJ)
The ICJ has been increasingly used as a political weapon against Israel. In 2004, it ruled Israel’s West Bank security barrier illegal. In 2024, it escalated further, declaring Israel’s occupation of Palestinian territories unlawful. Then, in December 2023, South Africa took things to a new level by accusing Israel of genocide - a charge Kotler-Wunsch slams as "a perverse mockery of history."
Economic Lawfare
Beyond legal assaults, economic lawfare is also in play. The Boycott, Divestment, Sanctions (BDS) movement, launched in 2005, targets Israeli businesses, cultural exchanges, and global partnerships. Gadi Taub, historian and columnist, calls BDS a tool of "elites who override democratic processes to impose their agenda." Many of the NGOs driving these campaigns are funded internationally, bypassing Israeli voters to force external pressures onto government policy.
What’s Next?
This battle isn’t just about Israel, it’s about the survival of international justice. Experts interviewed by V24 warn that when institutions meant to uphold the rule of law are turned into political tools, their credibility collapses. As Hilik Bar, former Deputy Speaker of the Knesset, points out, it’s hard to take these bodies seriously when they condemn Israel for defending itself while turning a blind eye to Hamas.
The rise of lawfare poses a stark question: can international legal systems survive if hijacked for political ends? The consensus among those interviewed is clear: for Israel, this is an existential fight to defend itself; for the world, a warning that if justice can be twisted against one democracy, no democracy is safe.
Alexandra Tompson
Editor | Lawyer (Admitted in New York; England & Wales)
