Criminalization of Academic and Legal Discourse on Palestine: A Barrier to Upholding International Law in Prosecution of War Crimes and Prevention of Genocide

• In Event: Blind Spots of International and Transitional Justice Research? (ECACTJ Working Group)

Abstract

Palestine has been the subject of extensive academic and legal analysis for decades, with heightened international attention following the escalation of Israel’s violence in Gaza, turning into allegations of war crimes and even genocide. Multiple legal bodies have issued rulings suggesting serious violations of international law, including potential breaches of the Genocide Convention. In January 2024, the International Court of Justice found the allegations regarding such violations plausible, issuing preliminary measures, and has affirmed the illegality of the occupation and related actions under international law in the two advisory opinions. Additionally, the International Criminal Court has issued arrest warrants for Israeli officials in connection with war crimes and crimes against humanity. These legal allegations are further supported by organizations and scholars in fields of international and criminal law, criminology, and genocide studies.
Despite these legal developments, discussions surrounding this issue that contain criticism of Israeli political or military actions are often met with measures that amount to criminalization, including arrests, prohibition of gatherings and discussions, police violence, and restrictions on travel for those engaged in legal or scholarly discourse. This trend of criminalizing academic and legal discussions constitutes a direct challenge to the academic freedom and broader freedom of expression, which are essential for the enforcement of international law, including the prevention of genocide.
This paper will explore how such restrictions, especially within EU member states, impede legal discourse related to the topic of Israel-Palestine, examining the broader implications of such criminalization of discourse for academic freedom and international law. Through a review of relevant legal documents, media reports, and government actions, this study will shed light on how the suppression of discourse hinders but also the ability of scholars and legal professionals to contribute to the prevention of mass atrocities and to the pursuit of justice for affected populations.

Author

• Iva Ramus Cvetkovic, Institute of Criminology at the Faculty of Law Ljubljana