Rethinking Justice: Palestine and the Limitations of International Law

Justice Visions

In this special episode of Justice Visions, we shift our typical focus on innovations in transitional justice to a broader debate about international law, its shortcomings, and how to rethink it in ways that benefit victim-survivors of gross human rights violations. We do so on the occasion of the inaugural Lecture of the Amnesty International Chair at Ghent University, which this year was given by Palestinian-American human rights attorney, legal scholar, and activist Noura Erakat. The Chair is awarded to an individual who has made outstanding contributions to the field of human rights.
In an interview which took place just before the lecture, Brigitte Herremans talks with Noura about the limits and possibilities of international law amid unfolding atrocities in Gaza. Drawing on Third World Approaches to International Law, Noura argues that, though not neutral and biased against those most in need of protection, can still be repurposed by those mobilizing it to resist injustices. While Noura’s work and activism focus on Gaza, her arguments about the possibilities and challenges of International Law are relevant to a broad range of TJ practitioners and scholars who are working in contexts of ongoing conflicts and entrenched accountability crises. It offers critical insights about how legal tools can be reclaimed in transnational struggles, rethinking justice beyond formal mechanisms.
Touching on survivor-led agency, Noura challenges the framing of Palestinians as passive victim-survivors. Instead, she insists on recognizing their active role in resisting domination and their capacity to demonstrate the full spectrum of their potential as humans, despite the genocide and complicity of states in the Global North. For Noura, part of the Palestinian victory lies not only in the struggle for liberation, but in living that liberation, through joy, care, and collective action. As she states: "We are not defined by what Israel does to us. We are defined by who we are. We are defined by what we do, what we produce, what we write, how we love one another…. We are defined by who we are, despite that harm, and how we respond to it.”

Throughout the conversation, Noura emphasizes the importance of counter-hegemonic knowledge production and the need to resist dominant legal and media frameworks as these continue to erase Palestinian experiences and perspectives. She calls for a decolonial and feminist understanding of justice, and resistance that connects Palestine to global struggles. She also reminds us of the responsibility that comes with activism. “If Palestinians who have been placed in a cage and basically shot at with the most advanced weapons technology is a form of experimentation and without mercy have not given up. What right do I have to give up?”