This week, Lara and Michael sit down with the Associate Professor of Law at Queen’s University, Dr. Ardi Imseis. Dr. Imseis has testified at the UN commission of inquiry into the civil war in Yemen, he’s served with UNRWA, and he’s testified for the UN security council and the UN human rights council among many other accolades. He’s also the author of ’The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity.’ This is a fascinating interview, touching on all the major transition points in Palestine from 1947 onwards. Dr. Imseis’ main observation is that the promise of justice made through the initial partition of Palestine is one in which the goalposts are continually moved, and that Palestine, as an outlier among international law cases, is one of legal subalternity. He uses the decolonization movement from many former British and French entities (Syria, Lebanon, Iraq) as an example, and points out how this has missed Palestinians. The biggest key moment, he theorizes, was the General Assembly Resolution of 1947 which legally partitioned Palestine to 509,000 Arabs compared 499,000 Jews, yet called for a democratic state in which the minority was to be in power. The very set up of ‘the state of Israel’ was therefore flawed. At the time of partition, the Jewish population amounted to 5.6%, whereas the Arab population was 56%, however the UN General Assembly gave the majority of the land to the new Jewish state. The right of Palestinian self-determination was comprised from the onset of this ruling, and the consequences of those decisions remain today. Following the Nakba, Palestinians were referred to as an ‘ignorant majority’, and no accountability has been offered since, defying the UN’s obligations under international law to prohibit denationalization. Michael points out how Jewish people publicly opposed zionism during the 1919 Jewish Labor Congress. Lara adds that the Palestinian right of return is the most fundamental among rights. This week’s episode provides a deep dive into the limits of international law; how it doesn’t necessarily deliver justice or liberate, and how revisionist history is widespread and dangerous.

It’s day 227 of the genocide. The ICC judge, Karim Khan, has applied for arrest warrants for three Hamas members (Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, & Ismail Hanieyh) as well as Israeli Minister of Defense Yoav Gollant and Benjamin Netanyahu. Lara points out that this list could have been (and should be) so much longer. She also clarifies that applying for these warrants is not the same as issuing them, and now it’s a waiting game to see if they’re issued. Lara also points out that Judge Khan did not file for genocide, rather for war crimes and crimes against humanity. In reality, the ICC remains a legislative body without any power to enforce; this is the first step among many to end the Israeli apartheid state. The duo discusses the recent attack on a Jenin refugee camp which killed a doctor and a journalist among children and other civilians. Michael compares Netanyahu’s directives to those of Hitler when he fled to his bunker. Lara reads out new legislation introduced in the House (H.R. 8445) providing IOF members visa free entry into the US and full Veteran’s Affairs hospital & healthcare access, including being put at the top of the organ transplant list. Michael reads out quotes from Knesset members who are admitting defeat.

6-year old Hind has been missing for over a week. She was last heard from on the phone with the Red Crescent rescue team after her family had been murdered around her as she was trapped in a car, surrounded by Israeli tanks. Lara and Michael discuss what we know of Hind and attempts at rescuing her. This event, among other heinous crimes, continue even after the ICJ ruling last week calling on Israel to take all measures to prevent genocidal acts. The pod touches on the blocking of humanitarian aid trucks into Gaza, ongoing raids in the occupied West Bank, attacks on hospitals, and the increasing flight departures from Ben Gurion airport. The cracks are causing the structure to crumble, but at what cost to Palestinian lives?

The groundbreaking ICJ case proposed by South Africa against Israel has just closed, and Lara and Michael (mostly Lara) break down what it means. It’s important to remember that South Africa didn’t call for a ceasefire, as this is not legal terminology. All six counts brought against Israel were ruled in South Africa’s favor; these are 1) Israel must take all measures within it’s power to stop murdering & harming Palestinians and preventing their birth, 2) Israel must ensure that it’s military follow all measures from point 1, 3) Israel must prevent and punish all genocidal intent, 4) Israel shall ensure humanitarian aid to Gaza, 5) Israel must not destroy evidence related to these allegations, and 6) Israel must report back to the court in one month’s time. Lara does an excellent job of summarizing the court’s findings, and highlighting the myriad wins that stem from this case. This is among the first legal decisions to attempt to hold Israel accountable for their actions. Michael and Lara speak about how legislation + activism + boycotting as a unified force is the only way to ensure the Palestinian right of return and the end of apartheid and violence against Palestinians.

This week Lara and Michael sit down with human rights attorney, American activist, university professor, and legal scholar Dr. Noura Erakat. Dr. Erakat discusses the legal structure of Palestine from the Balfour Declaration to the Oslo Accords through ongoing UN claims and treaties. She touches on the four types of international law as defined by the International Court of Justice; 1) international conventions, 2) international custom, 3) the general principles of law, & 4) judicial decisions. Dr. Erakat frames the Palestinian resistance movement through the lens of legal precedents and examines ways in which the international court has failed to guarantee Palestinians basic human rights.