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53 Geo. J. Int'l L. 125 (2021-2022)
Civil Rights? But Not for You: Chilling a Globalized Palestinian Resistance Movement's Freedom of Expression Protections as Guaranteed by the International Covenant on Civil and Political Rights

handle is hein.journals/geojintl53 and id is 129 raw text is: CIVIL RIGHTS? BUT NOT FOR YOU: CHILLING A GLOBALIZED PALESTINIAN RESISTANCE MOVEMENT'S FREEDOM OF EXPRESSION PROTECTIONS AS GUARANTEED BY THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS DINA AwsIAII * ABSTRACT The past decade has seen both an increase in Israeli violence against Palestinians and a notable surge in global solidarity with Palestine. One of the most effective solidarity movements has been the Boycott, Divestment, and Sanctions (BDS) movement, created by a coalition of Palestinian civil society activists in 2005. With the increase in popularity of this global movement, many countries began to fiercely respond to BDS with legislation limiting partic- ipation in the movement. Most notably, states in the U.S. and EU, and of course the State of Israel itself, have all passed anti-BDS laws. In violation of international law treaties that each of these states and entities are party to, these anti-BDS laws generally prohibit participation in the movement based on disin- genuous anti-discrimination justifications and the interest of protecting State of Israel. Spurred by the European Court of Human Rights' decision in Baldassi and Others v. France in July 2020, and its similarity in reasoning to the United States Supreme Court decision in NAACP v. Claiborne Hardware and the United Nations Human Rights Committee decision in Ballantyne and Others v. Canada, this article assesses whether proposed and passed anti-BDS laws in the United States, France, and Israel are legal under international law. BDS is a coordinated global solidarity movement and a principled nonvio- lent effort of resistance in the face of devastating settler colonialism. As a key to the overall movement for Palestinian rights, BDS activities are legal and * Executive Articles Editor, Emory International Law Review (Vol. 36); Emory University School of Law, J.D. 2022; University of South Florida, B.A. 2018. I would like to sincerely thank my advisor, Professor Teemu Ruskola, for the support and feedback throughout my drafting process, and for the encouragement to think creatively about the law. I would also like to thank the editorial board of the Georgetown Journal oflnternational Law for their thorough editing and review of this article. All mistakes remain my own. Finally, as the first person in my family to graduate law school, I would like to thank my family and friends for their unwavering support in everything I do. Especially mama and baba, thank you for cultivating my love for Palestine and making me a proud Palestinian. © 2021, Dina Awshah. 125

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