4 Publicist 1 (2010)

handle is hein.journals/public4 and id is 1 raw text is: Curbing Enthusiasm for Universal
Jurisdiction
By
Diane Morrison* and Justus Reid Weiner**
I. INTRODUCTION
In the past decade Israeli officials have faced both criminal and civil law
suits for their political and/or military activities in the Israeli government and
Israeli Defence Forces respectively. For example, criminal complaints were filed
in Belgium against former Prime Minister Ariel Sharon in 2001 and in the
United Kingdom against Major General (res.) Doron Almog in 2005. Also,
arrest warrants were issued in New Zealand against former Chief of Staff Moshe
Ya'alon in 2006, and most recently against the left-center Israeli opposition
leader Tzipi Livni for alleged war crimes committed during Operation Cast
Lead, during which she served as Israel's Foreign Minister. Similar civil suits
have also been launched in the U.S. One was filed against Avi Dichter, the
former Director of Israel's General Security Services.
Israel's supporters have pointed to these legal acrobatics as a clear abuse of
the principle of universal jurisdiction, a new tool in the box belonging to Israel's
detractors and critics. Advocates of the Jewish state have coined the term
lawfare to describe this situation a strategy of using or misusing law as a
substitute for traditional military means to achieve military objectives.1
* Diane Morrison, Esquire, received her LLM from New York University School of Law. She was a
legal clerk in the Tel Aviv based law firm Herzog, Fox & Ne'eman and joined the Israel Bar in
2008. Ms. Morrison earned her Bachelor of Law degree from the University of the Witwatersrand in
South Africa.
- Justus Reid Weiner is an international human rights lawyer and a member of the Israel and New
York Bar Associations. He received his Juris Doctor degree from the School of Law (Boalt Hall),
University of California, Berkeley. Weiner's professional publications have appeared in prominent
law journals, monographs, and intellectual magazines. He is currently a Senior Research Fellow of
the Global Law Forum, a Scholar in Residence at the Jerusalem Center for Public Affairs, and an
adjunct lecturer at The Hebrew University of Jerusalem. Weiner was formerly a Visiting Assistant
Professor at the School of Law, Boston University. He also practiced law as a litigation associate in
the international law firm White & Case and served as the Director of American Law and External
Relations at the Israel Ministry of Justice, specializing in human rights and other facets of public
international law. Weiner wishes to express his appreciation to Michael Sher, Alon Elhanan, and
Ittai Eres for their assistance.

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