Abstract
This Article examines the roles and limitations of international legal frameworks in the struggle for Palestinian liberation. It argues that while Palestine has achieved some victories through international law, overreliance on legalism risks eclipsing the oppression of the Palestinian people and limiting the formation of innovative political solutions. Through analysis of key moments in Palestine’s engagement with international law—including recent proceedings at the International Court of Justice and International Criminal Court since October 7, 2023—this Article demonstrates how international law’s historical development and institutional structure have shaped Palestinian advocacy in ways that often fail to address the underlying political and economic realities. Using the Russell Tribunal on Palestine as a case study, this Article draws on Homi Bhabha's concept of mimicry to show how even innovative civil society initiatives tend to work within rather than challenge existing legal paradigms. Acknowledging the strategic value of legal approaches nonetheless, this Article suggests that international law’s structural features and inherent limitations mean that appeals to law alone cannot secure Palestinian liberation. Instead, it proposes a comprehensive vision of decolonization through a framework that goes beyond questions of illegality and strategically deploys legal tools in service of political ends. This analysis contributes to broader scholarly discussions about the relationship between law and politics in anticolonial struggles and offering practical insights for Palestinian advocacy and solidarity movements.
