Berkowitz on Israel and the Laws of War

Peter Berkowitz, a colleague at the Hoover Institution on National Security and Law, has a new book – Israel and the Struggle over the International Laws of War.  The book takes a critical look at the legal arguments underlying the Goldstone report and the Gaza flotilla controversy.  Peter says in his Introduction: “In both cases, in condemnation of actions taken by Israel to defend itself against Hamas . . . UN officials, prominent lawyers, and diplomats put forward legal arguments ranging from weak to indefensible.”  Peter’s book soberly picks apart these legal arguments, which he describes as exemplars of lawfare.   Peter’s book is not an attack on international law, but rather a defense of it.  Again from the Introduction:

The critique of the abuses of the international laws of war should not be confused with rejection or disparagement of the international laws of war.  Both the Israeli military and the US military rightly and proudly are devoted to up holding them.  As liberal democracies committed to human rights while bearing special responsibility to protect the rights of their own citizens, Israel and America have a vital national security interest in their allies and their adversaries too considering themselves bound by international laws of war that seek to balance the legitimate claims of military necessity and humanitarian responsibility.  This book is intended to contribute to the defense of the international laws of war by exposing the flawed assumptions and refuting the defective claims that have gained currency through the Goldstone report and the Gaza flotilla controversy.

Highly recommended.