Lawfare Project

Last updated
The Lawfare Project
Formation2010
Founder Brooke Goldstein
Headquarters New York, New York, United States
Executive Director
Brooke Goldstein
Website thelawfareproject.org

The Lawfare Project is an American non-profit think tank and litigation fund that works to protect the human and civil rights of Jewish and pro-Israel communities worldwide. [1] The Project funds legal actions to protect free speech and civil rights by challenging anti-Semitism and discrimination against Jews. [2]

Contents

Overview

Human rights attorney Brooke Goldstein founded the Lawfare Project in 2010. [3] [4] The Lawfare Project describes itself as "the world's only international pro-Israel litigation fund" and states that it "has launched more than 70 lawsuits and legal actions in 16 jurisdictions across the globe." [5] The organization states it "maintains an international network of more than 350 attorneys" to support its work. [6]

The Project defines lawfare as the use of law as a weapon of war, or the wrongful manipulation of international and national law to pervert the original intent of the law. [7] The Project has claimed that the International Criminal Court has attacked Western democracies by making allegations of human rights abuses that undermine public confidence in government. [8]

According to law professor Orde Kittrie, the Lawfare Project has developed innovative legal arguments demonstrating the inconsistency of New York state laws with boycotts of Israel. [9]

Lawsuits

The Lawfare Project has had a longstanding legal battle against Kuwait Airways for its refusal to fly Israeli passengers. [10] The organization represented "an Israeli traveller who booked a ticket with Kuwait Airways to fly from Frankfurt to Bangkok, only to be refused at the last minute when it emerged that he was an Israeli citizen." [11] [12] [13] [14]

Through January 2018, the Lawfare Project's Spanish attorney, Ignacio Wenley Palacios, had secured 46 writs of injunction and court decisions against the Boycotts of Israel in Spain, forcing Barcelona, Castrillon and other cities to rescind anti-Israel laws. According to Palacios, the Lawfare Project had succeeded in establishing a legal doctrine that "boycotts of Israel infringe on human rights, violate free speech and are tantamount to discrimination on account of national origin and personal opinions." [1]

In June 2017, the Lawfare Project and the law firm Winston & Strawn filed a lawsuit against San Francisco State University (SFSU) on behalf of a group of SFSU students and members of the local Jewish community, alleging that the public school had fostered a climate of anti-Semitism "marked by violent threats to the safety of Jewish students on campus." The suit alleged "that the school has violated the plaintiffs' constitutional rights to free speech and equal protection, as well as a provision of the Civil Rights Act." [15] [16] [17] In addition to the federal lawsuit, the Lawfare Project and Winston & Strawn filed a second lawsuit in February 2018 against SFSU in the Superior Court of California for the County of San Francisco. [18] California Superior Court Judge Richard Ulmer Jr. scheduled the trial to take place on March 4, 2019. [19]

In November 2017, the Lawfare Project supported a lawsuit by the Belgian Federation of Jewish Organizations (CCOJB) against a ban on shechita , the Jewish ritual religious slaughter of animals, in Wallonia, Belgium. [20] In January 2018, the Lawfare Project supported a second lawsuit by CCOJB for restrictions on shechita in Flanders. [21] [22]

As of 2018, the Lawfare Project is preparing a lawsuit against the Irish Occupied Territories Bill, which, if enacted, would criminalize trade with Israeli settlers. It argues that the bill violates European Union trade regulations. [23]

Related Research Articles

Lawfare is the use of legal systems and institutions to damage or delegitimize an opponent, or to deter an individual's usage of their legal rights.

<span class="mw-page-title-main">Legal aspects of ritual slaughter</span>

The legal aspects of ritual slaughter include the regulation of slaughterhouses, butchers, and religious personnel involved with traditional shechita (Jewish) and dhabiha (Islamic). Regulations also may extend to butchery products sold in accordance with kashrut and halal religious law. Governments regulate ritual slaughter, primarily through legislation and administrative law. In addition, compliance with oversight of ritual slaughter is monitored by governmental agencies and, on occasion, contested in litigation.

<span class="mw-page-title-main">International Association of Jewish Lawyers and Jurists</span> Israeli non-governmental organization

The International Association of Jewish Lawyers and Jurists (IJL) strives to advance human rights everywhere, including the prevention of war crimes, the punishment of war criminals, the prohibition of weapons of mass destruction, and international co-operation based on the rule of law and the fair implementation of international covenants and conventions.

<span class="mw-page-title-main">Kenneth L. Marcus</span> American attorney, academic, and government official

Kenneth L. Marcus is an American attorney, academic, and government official. He is the founder and leader of the Brandeis Center. He was the Assistant Secretary for Civil Rights at the United States Department of Education from August 6, 2018 through July 9, 2020, after which he resumed his position at the Brandeis Center.

<span class="mw-page-title-main">Shurat HaDin</span> Tel Aviv-based Israeli legal advocacy group

Shurat HaDin is an Israeli non-governmental organization (NGO) founded in Tel Aviv in 2003. Shurat HaDin has been described by some as a civil rights organization and others as a pro-Israel lawfare-waging NGO.

<span class="mw-page-title-main">Anti-Defamation League</span> International Jewish organization

The Anti-Defamation League (ADL), formerly known as the Anti-Defamation League of B'nai B'rith, is a New York-based international Jewish non-governmental organization and advocacy group that specializes in civil rights law and combatting antisemitism and extremism.

<span class="mw-page-title-main">Criticism of Israel</span> Disapproval towards the Israeli government

Criticism of Israel is a subject of journalistic and scholarly commentary and research within the scope of international relations theory, expressed in terms of political science. Israel has faced international criticism since its declaration of independence in 1948 relating to a variety of topics, both historical and contemporary.

<span class="mw-page-title-main">Boycott, Divestment and Sanctions</span> Palestinian-led movement demanding international sanctions against Israel

Boycott, Divestment and Sanctions (BDS) is a Palestinian-led movement promoting boycotts, divestments, and economic sanctions against Israel. Its objective is to pressure Israel to meet what the BDS movement describes as Israel's obligations under international law, defined as withdrawal from the occupied territories, removal of the separation barrier in the West Bank, full equality for Arab-Palestinian citizens of Israel, and "respecting, protecting, and promoting the rights of Palestinian refugees to return to their homes and properties". The movement is organized and coordinated by the Palestinian BDS National Committee.

Anti-Jewish boycotts are organized boycotts directed against Jewish people to exclude them economical, political or cultural life. Antisemitic boycotts are often regarded as a manifestation of popular antisemitism.

<span class="mw-page-title-main">Louis D. Brandeis Center for Human Rights Under Law</span> Nonprofit organization

The Louis D. Brandeis Center for Human Rights Under Law (LDB) is a 501(c)(3) nonprofit organization founded by Kenneth L. Marcus in 2012 to advance the civil and human rights of the Jewish people and promote justice for all. LDB is active on American campuses, where it, according to the organization, combats antisemitism and anti-Zionism.

<span class="mw-page-title-main">AMCHA Initiative</span> Pro-Israeli foreign lobbying organization

The AMCHA Initiative is a pro-Israel American campus group that seeks to undermine BDS activities on campuses. AMCHA was founded in 2012 by University of California Santa Cruz lecturer Tammi Rossman-Benjamin and University of California Los Angeles Professor Emeritus Leila Beckwith. The term Amcha is Hebrew for "your people" or "your nation."

<span class="mw-page-title-main">Boycotts of Israel</span> Aspect of the Israeli–Palestinian conflict

Boycotts of Israel are the refusal and calls to refusal of having commercial or social dealings with Israel in order to influence Israel's practices and policies by means of using economic pressure. The specific objective of Israel boycotts varies; the BDS movement calls for boycotts of Israel "until it meets its obligations under international law", and the purpose of the Arab League's boycott of Israel was to prevent Arab states and others to contribute to Israel's economy. Israel believes that boycotts against it are antisemitic.

<span class="mw-page-title-main">Students for Justice in Palestine</span> Pro-Palestinian BDS activism organization

Students for Justice in Palestine is a pro-Palestinian college student activism organization in the United States, Canada and New Zealand. It has campaigned for boycott and divestment against corporations that deal with Israel and organized events about Israel's human rights violations.

<span class="mw-page-title-main">Campaign Against Antisemitism</span> British non-governmental organisation

Campaign Against Antisemitism (CAA) is a British non-governmental organisation established in August 2014 by members of the Anglo-Jewish community. It publishes research, organises rallies and petitions, and conducts litigation.

Brooke Goldstein is a human rights attorney. She is the founder and Executive Director of The Lawfare Project.

The Occupied Territories Bill is a proposed Irish law that would ban and criminalize "trade with and economic support for illegal settlements in territories deemed occupied under international law", most notably Israeli settlements in Israeli-occupied territories. Violators would face fines of up to €250,000 and up to five years in prison.

The Coordinating Committee of Jewish Organizations in Belgium is the key representative organization representing the Jewish Community in Belgium. It is the umbrella organization for a variety of Jewish organizations from different religious, political and social facets of the community. Since September 2016, the organization has been led by Yohan Benizri. The organization is a member of the World Jewish Congress and the European Jewish Congress.

Anti-BDS laws and resolutions oppose boycotts of Israel. The name comes from the BDS movement, which calls for boycotts, divestment and sanctions against Israel to pressure Israel to meet what the movement describes as Israel's obligations under international law. Anti-BDS laws are designed to make it difficult for people and organizations to participate in boycotts of Israel while anti-BDS resolutions are symbolic and non-binding parliamentary condemnations, either of boycotts of Israel or of BDS itself. Generally, such condemnations accuse BDS of being antisemitic and are often followed by laws targeting boycotts of Israel.

The American Studies Association's boycott of Israel is an ongoing boycott of Israeli educational institutions by the American Studies Association (ASA). ASA's decision to begin boycotting Israel in December 2013 was controversial because it was the first major American scholarly organization to do so and it was heavily criticized. In April 2016, four ASA members aided by the pro-Israeli Brandeis Center sued ASA but the lawsuit was dismissed in 2019 when the judge ruled that plaintiffs lacked standing.

Rabab Ibrahim Abdulhadi is a Palestinian-born American scholar, activist, educator, editor, and an academic director. She is an Associate Professor of Ethnic Studies, Race and Resistance Studies, and the founding Director of Arab and Muslim Ethnicities and Diasporas Studies (AMED) at San Francisco State University (SFSU). She is a controversial political figure, which is in part due to larger political issues around her field of study.

References

  1. 1 2 Zieve, Tamara (8 January 2018). "Court suspends anti-Israel boycott in northern Spanish city - again". The Jerusalem Post. Retrieved 3 May 2018.
  2. "Think tank to sue over anti-Semitic content". The Jewish Advocate. 2 March 2018. ProQuest   2013234497.
  3. "Lawfare Conference Takes Aim at Terrorists' Efforts to Wage 'Legal Jihad'". HuffPost. May 16, 2010.
  4. "Groundbreaking Lawfare Project Launched". Algemeiner. March 16, 2010.
  5. "Careers". The Lawfare Project.
  6. "Our Network". The Lawfare Project.
  7. Parks, Lisa; Kaplan, Caren (2017). Life in the Age of Drone Warfare; chapter by Lisa Hajjar on "Lawfare and Armed Conflicts". Duke University Press. ISBN   978-0822372813.
  8. Simons, Gregory; Chifu, Iulian (2017). The Changing Face of Warfare in the 21st Century; section on Lawfare and the International Criminal Court. Routledge. ISBN   978-1317039006.
  9. Kittrie, Orde (2016). Lawfare: Law as a Weapon of War. Oxford University Press. p. 91. ISBN   978-0190263577.
  10. "Kuwait Airways Halts Inter-European Flights After Complaint By Israelis". Jewish Business News. May 3, 2016.
  11. "German Ministry of Transport launches investigation into Kuwait Airways discrimination against Israeli travellers". The Jewish Chronicle. October 25, 2017.
  12. "German Court Allows Kuwait Airways to Refuse Israeli Passengers: 'A Shameful Verdict for Democracy'". Haaretz. DPA. 16 November 2017. Retrieved 4 May 2018.
  13. "Appeal against Kuwait Airways' ban on Israelis submitted to German court". Jewish News. December 18, 2017.
  14. "Israeli challenges German court ruling on Kuwait air travel ban". Reuters. December 18, 2017.
  15. "'I felt afraid': Lawsuit claims public university fostered anti-Semitism on campus". The Washington Post. June 19, 2017.
  16. "NGO, students sue San Francisco State University for antisemitism". The Jerusalem Post. June 20, 2017.
  17. "Lawsuit Alleges SFSU Has Anti-Semitic Practices". Jewish Journal. March 30, 2018.
  18. "Lawsuit renews allegations of systematic anti-Semitism at S.F. State". J. The Jewish News of Northern California. February 2, 2018.
  19. "Trial Date Set for Lawsuit Alleging Anti-Semitism At SFSU". Jewish Journal. May 31, 2018.
  20. "Legal fight starts for Belgian kashrut". The Jewish Chronicle. November 30, 2017.
  21. "Second lawsuit lodged against Belgium's ban on non-stunned meat". Jewish News. January 17, 2018.
  22. "Belgian Jews files second lawsuit against ban on religious slaughter". The Jerusalem Post. January 16, 2018.
  23. "Lawfare Project taking legal action against aggressive anti-Israel boycott legislation in Ireland". The Lawfare Project . 11 July 2018. Retrieved 17 September 2019.