LAWFARE NO CONFLITO ISRAEL-PALESTINA: A UTILIZAÇÃO DO DIREITO COMO ARMA POLÍTICA E JURÍDICA

Abstract

The concept of lawfare has become a crucial dimension in the Israel-Palestine conflict, characterized by the strategic use of law to achieve political and military objectives. This article examines how both sides utilize international courts, such as the International Court of Justice (ICJ) and the International Criminal Court (ICC), to legitimize actions and pressure opponents. Furthermore, it explores the legal and political limitations in implementing these decisions and their influence on peace negotiations. Finally, it discusses case studies, such as the ICJ ruling on the West Bank barrier and ICC investigations into war crimes, to illustrate the concrete impact of lawfare on the conflict. The study is developed using the deductive method, with a descriptive and exploratory purpose, and based on bibliographic and documentary sources. As a result, the research concludes that the actions of international courts, such as the ICJ and the ICC, have introduced a legal avenue for addressing the conflict, allowing actors like Palestine to legally challenge historical power imbalances. However, this strategy reveals a deadlock: despite creating an appearance of accountability and justice, it has proven ineffective in producing tangible changes in the concrete reality on the ground.