This letter is in response to the American Bar Association’s (“ABA”) decision to rescind its public statements from October 2023, regarding the ongoing situation in Israel and Palestine. The ABA initially expressed in their October 9^th statement their deep concern over escalating violence between Israel and Palestine, condemning the targeting of civilians and urging all parties to adhere to international law. They also highlighted the impact of overseas violence on American soil, citing a hate crime involving a Palestinian-American child. [1]However, the ABA retracted the statements as a result from outcries from 910 members of the ABA shortly after the statements were released. These outcries claimed that the ABA contributed to misinforming the public and that the ABA disregarded international law. However, this outcry has vastly been fueled by a contextual misrepresentation of the conflict, which erroneously emphasized Hamas’s hostilities as the sole catalyst for the conflict and advocated for Israel’s right to “self-defense”. [2]

Nonetheless, this perspective erroneously commences the issue on October 07, 2023, neglecting the broader historical and legal context dating back to 1948. Israel’s genocidal actions has caused international uproar and has spurred a case by South Africa to the International Court of Justice which found it be engaging in a plausibly genocide, reflect a deeper, systemic pattern of violations necessitating scrutiny beyond the principle of “self-defense”. As members of the ABA, we are obligated to act when the integrity of justice is threatened, as it so clearly is during an active genocide. Furthermore, as members of the legal profession, it is our duty to ensure truth, justice, equality and fairness in all that we do. To accept the claims of those who insist Israel has a right to defend itself without hearing from Palestinians is to defy our obligations and instead engage in sensationalism.

Western media has focused exclusively on the tactics employed by Hamas, while simultaneously ignoring any condemnable actions of Israel; this is plainly a means of misguiding the public by unfairly providing an incomplete picture of the conflict. It is imperative to recognize that both the legality and morality of Israel's response are not absolved by Hamas's violations. International law mandates that even in self-defense, actions must adhere to the principles of necessity, proportionality, and distinction, elements currently compromised as outlined in the application by South Africa and affirmed in the International Court of Justice.[3]

The proposition of Israel's right to defend itself must be balanced against Israel’s obligations under international law to protect civilian lives and property. The detailed accounts of Israel's military operations clearly demonstrate a disproportionate but intentional response, with extensive civilian casualties and mass destruction of nearly all civilian infrastructure including schools, hospitals and financial institutions, raising significant concerns regarding compliance with the principles of proportionality and distinction. As such, this letter is a call for the ABA to 1) affirm specific international legal principles: forbidding the killing of civilians, collective punishment, forced displacement, ethnic cleansing, and cutting off water, food and other necessities to captive populations, without a boilerplate analysis which risks oversimplifying legal and factual issues and 2) release a statement acknowledging the ongoing genocide and violation of human rights of civilians, medical professionals, and humanitarian aid workers in Gaza and 3) reaffirm its condemnation of antisemitism, anti-Palestinian racism and Islamophobia. In all circumstances, but most pressing here, it is imperative to conform semantics to the truth for to do otherwise results in the death and destruction of Palestinians and their homeland. The genocide occurring in Gaza must cease and humanitarian aid must be permitted to enter the region without delay.

To illustrate that Israel’s actions are not an isolated event in response to Hamas’ retaliation to Israel’s siege on Gaza and forcing Palestinians to live under Military rule, we add relevant color by discussing the siege on Gaza in the following paragraph. Since 2007, Israel has severely limited movement of people, the movement of goods, food, and medical supplies. The siege has led to one of the worst and lengthiest crises in recent history with Gaza being known as the largest open-air prison as it confined nearly 2.4 million Palestinians to a 25-mile strip of land. The siege has been accompanied by sporadic bombings of civilian locations across the Gaza Strip coined by the Israeli government as “mowing the grass,”[4], meant to both kill and otherwise instill fear in the population. It is not to be taken lightly that these conditions have led Gaza to be considered by experts one of the most uninhabitable places on the planet. In 2018 to 2019, Gazans peacefully protested these harsh restrictions in what is now known as The Great March of Return. In response, Israel opened fire at the peaceful protestors. “As a result, 214 Palestinians, including 46 children, were killed, and over 36,100, including nearly 8,800 children have been injured. One in five of those injured (over 8,000) were hit by live ammunition”[5]

Furthermore, Palestinians in the West Bank, a territory not governed by Hamas, are subjected to similar tactics and are governed by military law- while citizens of Israel are governed by completely separate laws. Reports of illegal settlements in the West Bank[6], arbitrary detention and killings of Palestinians[7], forced sterilization of Ethiopian Jews[8], forced organ donation [9], and other egregious human rights abuses demand unequivocal condemnation and accountability from the international community, including the American Bar Association. Additionally, Israeli authorities have been implicated in numerous violations of international law in Lebanon, including unlawful killings of civilians and journalists[10], use of white phosphorus in attacks[11], forced displacement[12], and the destruction of civilian infrastructure during military operations.

Moreover, considering the recent tragic events in Gaza, seven aid workers from World Central Kitchen, representing multiple nationalities, were killed in an Israeli airstrike.[13] They were traveling in marked vehicles within a "deconflicted zone" coordinated with the Israel Defense Forces (IDF) when the attack occurred. This reprehensible incident not only targeted innocent aid workers but also undermines crucial humanitarian efforts in a region where food aid is desperately needed amid conflict.

In recent days, Rafah, a city in the southern Gaza Strip, has experienced intense bombardment by Israeli forces, resulting in significant civilian casualties, beheading of children, and widespread destruction of infrastructure.14 Reports indicate that numerous homes, medical facilities, and schools have been damaged or destroyed, exacerbating the already dire humanitarian situation. The continuous shelling has made it nearly impossible for aid workers to provide necessary assistance, further endangering the lives of those trapped in the conflict zone.

Given the gravity of the unfolding genocide and several humanitarian issues committed by Israel, we urge the ABA and its leadership to consider a more comprehensive and balanced analysis of the conflict. Rescinding previous statements without thorough consideration of all pertinent legal principles and facts risks undermining the ABA's commitment to advancing and maintaining the rule of law and may inadvertently contribute to the perpetuation of misinformation and injustice, a tragedy for an organization purporting to uphold these very principles.

As legal professionals and members of the American Bar Association, we have a moral and ethical obligation to speak out against injustice and uphold the fundamental principles of human dignity, equality, and justice for all. We implore the ABA to seize this opportunity to demonstrate leadership and moral courage by standing on the right side of history.

We stand ready to engage in further dialogue to ensure that the ABA's position reflects a deep and nuanced understanding of international law and the facts on the ground, aligning with its mission to uphold justice and the rule of law.

Sincerely,

Students for Justice in Palestine & American Civil Liberties Union at South Texas College of Law