Run Towards the Fire: Movement Lawyers and the Struggle for Palestinian Freedom

“In order for me to write poetry that isn’t political,
I must listen to the birds
and in order to hear the birds
the warplanes must be silent.”

— Marwan Makhoul

Ceasefire demonstration in London

We hope this message finds you and your people as well as can be. Like many of you, we’ve been engulfed by the unfolding genocide in Palestine and wondering: what is the role of a movement lawyer in these times? New Orleans-based movement lawyer Bill Quigley teaches us that in times of crisis, it is our duty to “run toward the fire” — to stand with those facing persecution. But what does that mean, now? As movement lawyers, we are often called on to help make sense out of senseless moments and to work with organizers to change the world even when things seem unchangeable. Yet, as Marta Harnecker writes, “politics is the art of making the impossible possible.” Our best counsel to you in this moment is to do four things: 1) Grieve, 2) Learn, 3) Search for hope and 4) Take action. Here are some resources:

Grieve

As movement lawyers, we stand for life. We will not engage in discourse that muddles the fundamental truths that everyone has a right to live in peace and dignity, and that militarism is a destructive force that hurts us all. We grieve for the people who lost their lives in the Oct. 7 Hamas attacks, and we grieve for the Palestinians– 10,000 who have been killed as of this posting, including 4,100 children as of November 6th. We grieve for the loss of homes, schools, land, sacred sites, and health clinics; for the wild animals, pets, and plants; the newly planted grape vines and the ancient olive groves. We grieve for the limitations of international human rights mechanisms, the collective generational traumas of the Shoah, and the enduring violence of settler colonial projects. Our hearts are big enough to hold complex grief. These writings offered the MLL team some solace:

These writings offered the MLL team some solace: 

• “We Cannot Cross Until We Carry Each Other”, Arielle Angel, Jewish Currents (Oct. 19, 2023) (reflections from the editor-in-chief of Jewish Currents on the correct container for grief for the Jewish left and urging a recommitment to organizing).  

• “Doomsday Diaries”, Sarah Aziza, The Baffler (Oct. 17, 2023) (touching prose from a Palestinian in the diaspora whose family was removed during the Nakba from land just northeast of the Gaza Strip).  

• What Should American Jews Do with Our Fear? Emily Tamkin, Slate (Nov. 01, 2023) (American Jewish voice acknowledging the fear of rising antisemitism and urging for nuance, empathy, and solidarity with those facing Islamophobia). 

• Grief Belongs in Social Movements, Malkia Devich-Cyril, In These Times (July 28, 2021) (excellent piece to read with your team; it draws upon the insights of grief counselor Cheryl Espinosa-Jones to emphasize the importance of collective healing in movement spaces).

Learn

Movement lawyers are not satisfied with simple narratives; we are students of history who seek depth and complexity. At the same time, we are not immobilized by complexity: we’re able to take clear positions and make brave public stands. We encourage you to deepen your studies–both on your own and in community with others–and seek out opportunities to listen and grow.

•  “Israel’s Unfolding Crime of Genocide of the Palestinian People & U.S. Failure to Prevent and Complicity in Genocide,” Center for Constitutional Rights (Oct. 19, 2023) (thorough legal brief examining Article II of the Genocide Convention, arguing that Israel is attempting to commit, if not actively committing, the crime of genocide in the Gaza Strip and that the US is failing to uphold its obligation to prevent the commission of genocide and may itself be complicity in the crime under international law).  

• “Scholars Warn of Potential Genocide in Gaza,” Third World Approaches to International Law Review (Oct. 15, 2023) (position statement centering Article II of the Genocide Convention signed by over 800 scholars and practitioners in international law, conflict studies, and genocide studies, warning of the potential for genocide by Israeli forces in the Gaza Strip). 

• ‘Even War Has Rules’, Secretary-General Tells Security Council, Demanding All Parties in Middle East Uphold International Humanitarian Law, Unrestricted Aid for Gaza (Oct. 24, 2023) (UN Secretary-General António Guterres reminding the world of the rules on warfare and urging a free flow of aid). 

• Gaza is ‘running out of time’ UN experts warn, demanding a ceasefire to prevent genocide (Nov 2, 2023) (UN Special Rapporteurs “expressing deep frustration with Israel’s refusal to halt plans to decimate the besieged Gaza strip.)”

• “The War on Gaza,” Noura Erakat and Arielle Angel, The Dig podcast (Oct 18, 2023) (The Dig has several excellent long-form interviews with scholars on the conflict; this one features international law expert Noura Erakat and Arielle Angel, editor-in-chief of Jewish Currents).

• “The Mandate Years and The Nakba” (great starting place to learn more about the Nakba; part of a “Palestine 101” popular education toolkit from Decolonize Palestine).

Search for hope

Angela Davis writes that “it is in collectivities that we find reservoirs of hope and optimism.” Yet even in our collectives, so many of us are struggling to find an ounce of hope. Where are you finding hope these days? We asked our team that same question; here’s our offering to you: 

Peaceful mass mobilizations, everywhere.

We’ve been inspired by the millions of people around the world who have mobilized to denounce the Israeli offensive and demand an immediate ceasefire, from Jakarta to Dakar, London to New Orleans. This past weekend was the largest pro-Palestine rally in US history in Washington, DC. 

Purposeful direct actions.

In Tacoma and Oakland, activists tried to block a ship transporting arms to Israel; dockworkers in Barcelona announced their refusal to work on ships carrying weapons. At Grand Central Station in NYC, over 300 people organized by Jewish Voice for Peace were arrested in the largest sit-in protest NYC has seen in over two decades. In St. Louis, folks blocked the entrance to Boeing, which produces JDAM kits to turn bombs into GPS-guided weapons. 

Sharp local and international advocacy.

MLL and members of the Global Network of Movement Lawyers called on their governments to pass a UN General Assembly resolution calling for a cessation of hostilities and free flow of humanitarian aid, among other things. Our colleagues at Global Legal Action Center (GLAC), Al-Haq and International Center of Justice for Palestine (ICJP) issued a letter and have been engaging with the United Kingdom government to halt UK arms sales to Israel. Last week, the Center for Constitutional Rights, Palestine Legal and the NLG International Committee put members of Congress on notice for complicity in genocide. 

A Jewish-led demonstration in support of Palestinians on 16 October in front of the White House. [Brooke Anderson/The New Arab]

Take action

Now more than ever, the world needs movement lawyers. Here are some ways to get involved: 

Join movements for a ceasefire, ending U.S. military aid, and BDS.

U.S. Rep. Cori Bush and other progressives in Congress have introduced the Ceasefire Now resolution calling for an immediate ceasefire and for humanitarian aid to be allowed to enter Gaza. Follow these easy steps to make a call now in support of this life-saving resolution. Movement lawyers are also needed to co-create legal-organizing strategies around demands for a ceasefire, for an end to US military aid to Israel, and to support the Boycott, Divest, and Sanction (BDS) movement.  Not sure how to plug in? Connect with a local groups organizing here.

Defend the right to resist.

MLL is troubled by the attempts to silence truth-telling about Israel’s current war and its collective punishment of civilians as well as Israel’s longstanding violations of international law stemming from its occupation, siege and apartheid regime in Gaza and the West Bank. Around the world people are losing their jobs, having their contracts or performances canceled, facing disciplinary proceedings, and otherwise being targeted for expressing support for Palestinians. Censorship, doxxing, and retaliation for even the most minor online comment in support of the Palestinian people is being used across the world to quell dissent, to strip people of their power, and to intimidate. Lawyers are needed on many fronts. Please fill out this volunteer intake form from Palestine Legal if you’re able to take a case to defend the civil and constitutional rights of people in the US who speak out for Palestinian freedom.

Learn how to represent campus activists.

It can be intimidating to step into new work, but you don’t have to do it alone. Lawyers are urgently needed to bolster, defend and protect students and faculty on the frontlines of free speech and democracy fights on college campuses. If you’re interested in taking on a case to defend campus activists, register now for a training MLL is hosting with Palestine Legal on Nov. 14 from 5-6:30 PM PT/8-9:30 PM ET. 

Keep the dialogue going.

After reading, join the discussion—your insights can shape our collective journey towards peace. Share our blog post with your networks and start a dialogue. Find us on Twitter and start a chat with us there.

Yours in struggle,

Nikki Thanos and Movement Law Lab squad