Brian Leiter's Law School Reports

Brian Leiter
University of Chicago Law School

A Member of the Law Professor Blogs Network

Wednesday, July 16, 2014

Controversy over an Israeli scholar's "legal opinion" justifying cutting off water and electricity to Gaza

David Enoch, the leading legal philosopher in Israel, who teaches on both the law and philosophy faculties at the Hebrew University of Jerusalem, writes:

Apparently, one of the measures considered by the Israeli government against the Hamas in Gaza is to cut off Israeli supply of water and electric power to Gaza (which pretty much consists of all of the supply of water and power to Gaza). Israeli government lawyers are apparently opposed to such measures.

Here ends the good news, though, because right-wing members of the Israeli Knesset have found the legal scholar who would write an opinion permitting such practices: Professor Avi Bell, from Bar Ilan University and the University of San Diego School of Law, has written such an opinion. (Though he refused to share it with me, I now have a copy, and I’ll be happy to share it with anyone who may be interested; I should say, though, that it’s in Hebrew). An item about this appeared in the daily Haaretz.

Israeli academics working in international humanitarian law are working, of course, on detailed documents refuting the legal technical claims made in Bell’s opinion. But I don’t think this is enough. I think that the legal academic community should do what it can to make it clear that there are consequences of such abuse of legal pseudo-scholarship and status in the service of gross immoralities – if nothing else, in terms of reputation.

UPDATE:  Prof. Bell replies.

http://leiterlawschool.typepad.com/leiter/2014/07/controversy-over-a-legal-opinion-in-israel.html

Of Academic Interest | Permalink