‘UN Security Council Resolution 2334 reflects the modern rise of Palestinian lawfare: using law “to achieve…warfighting objective[s]” against Israel, according to a confidant of PA President Mahmoud Abbas. Having failed over the last half century to shift the balance of power through negotiations and armed resistance, the PA has turned to new battlefronts – including the Security Council and the International Criminal Court (ICC) – where it deploys international law to advance its territorial claims and further Israel’s political isolation.’
‘Prior to 2334, the U.S. had consistently opposed PA lawfare. Its abstention on 2334 constitutes an unwelcome reversal, likely to entrench PA maximalism and thwart America’s stated aim of “mov[ing] the parties closer to an agreement.” By abstaining on 2334, the U.S. countenanced Palestinian irredentism. The result was to render peace an ever-distant dream.’ (Harvard Law Review)
Contributed by Joshua Halpern, originally published in Harvard Law Review.