Anne Herzberg
About
Anne Herzberg is the Legal Advisor of NGO Monitor. She is a graduate of Oberlin College and Columbia University Law School. Prior to joining NGO Monitor, she worked as an attorney in New York. Her areas of research include business and human rights, international human rights law, the laws of armed conflict, universal jurisdiction, international fact finding, NGOs, and the UN.
She is the author of the widely cited “NGO Lawfare: Exploitation of Courts in the Arab-Israeli Conflict,” co-author of Best Practices for Human Rights and Humanitarian NGO Fact-finding, and co-editor of The Goldstone Report ‘Reconsidered’: A Critical Analysis and Filling in the Blanks: Documenting Missing Dimensions in UN and NGO Investigations of the Gaza Conflict.
Anne’s articles and op-eds have appeared in many publications, including the American Journal of International Law, Ha’aretz, the Jerusalem Post, YnetNews, and The Wall Street Journal.
Expertise
Lawfare
Laws of Armed Conflict and International Human Rights Law
Best Practices in Fact-Finding
The UN and the Arab-Israeli Conflict
All Articles
[Opinion] The New UK Government Should Continue Holding the ICC Accountable
Anne Herzberg discusses how the new UK Government should follow the work of its predecessor and continue their crucial role of holding the ICC accountable.
The OTP’s expert panel in the Situation in the State of Palestine: Additional safeguard or hostage to fortune?
Barrister Joshua Kern and Legal Advisor Anne Herzberg addresses the announcement of the ICC to issue "additional safeguards."
[Opinion] Dutch court's anti-Israel ruling is meaningless, but part of a dangerous trend
Anne Herzberg analyzes lawfare campaigns against Israel since October 7.
Hamas Exploitation of Hospitals for Hostage Taking: The Legal Imperative to Investigate Aiding and Abetting of War Crimes
Anne Herzberg discusses the legal imperative to open investigations regarding the presence of hostages at Gaza’s medical facilities, and whether those who assisted in or were aware of this presence bear responsibility for international crimes associated with the taking of hostages on the basis of aiding and abetting such crimes, through facilitating such acts, and/or by withholding information regarding the presence and status of hostages.
Anne Herzberg on Chai FM Regarding the ICJ
Anne Herzberg examines the proceedings of the ICJ against Israel.
[Opinion] NGO Gaza lawsuits exploit Western courts and help Hamas
Anne Herzberg discusses various lawsuits filed by NGOs seeking rulings or injunctions that will block allied military support for Israel.
Anne Herzberg's Jerusalem Press Club Remarks
NGO Monitor's legal advisor Anne Herzberg addressed the Jerusalem Press Club on October 15, 2023 regarding the situation in Israel and Gaza.
מפרקים את הטענות: ניתוח משפטי של טענות האפרטהייד נגד ישראל
כהמשך ישיר לדוח הראשון, מטרת דוח זה הוא להתמודד עם הרטוריקה הפוליטית של ארגונים המתיימרים לקדם זכויות אדם, באמצעות ניתוח שיטתי של תוקף ההאשמות המוצגות עלי ידם.
Neo-Orientalism: Deconstructing claims of apartheid in the Palestinian-Israeli conflict
Barrister Joshua Kern and Legal Advisor Anne Herzberg analyze whether apartheid is applicable to Israel and territories under its military administration
NGO Monitor Responds to Letter Sent by UN Special Rapporteur Michael Lynk to the Local Government Pension Scheme
NGO Monitor responded the 22 November 2021 letter authored by UN Special Rapporteur Michael Lynk to the Local Government Pension Scheme (LGPS), “Responsible Investments – UN Guiding Principles on Business and Human Rights Investments in the Israeli settlement economy.” This response corrects multiple misrepresentations made by Lynk in his letter, relating to business and human rights in conflict zones and the UN Human Rights Council “database”.
The Role of UN Documentation in Shaping Narratives at the International Criminal Court and the Implications for the Rights of the Accused
Anne Herzberg examines the ways in which Court organs rely on UN documentation in icc proceedings
False Knowledge as Power: Deconstructing Definitions of Apartheid that Delegitimise the Jewish State
Barrister Joshua Kern and Legal Advisor Anne Herzberg analyze the policies and practices of apartheid as pursued historically in South Africa and examines the nature and evolution of the apartheid allegation levelled against Israeli officials.
Misreading Human Rights Due Diligence: A Response to Tara Van Ho
NGO Monitor Legal Advisor Anne Herzberg responds to claims made by Senior Lecturer at Essex University Tara Van Ho regarding human rights die diligence.
HRW’s Inconsistency and Incoherence Continues: EJIL: Talk! Symposium on A Threshold Crossed
On 5-9 July 2021, EJIL:Talk!, an influential international law blog, hosted a symposium on “Apartheid in Israel/Palestine," specifically focused on Human Rights Watch’s (HRW) April 2021 publication, A Threshold Crossed.
[Opinion] Moving the legal goalposts on Israel
Anne Herzberg discusses how international legal scholars seek to reframe laws of armed conflict.
Should Israel Cooperate with the ICC?
The March 3, 2021 decision of the Prosecutor of the International Criminal Court to open a full investigation of the “Situation in Palestine” has prompted responses advising the Israeli government to take a more cooperative approach toward the Court. Yet there are a number of strong strategic, diplomatic, and legal arguments for not cooperating.
FAQs: The International Criminal Court and the “Situation in Palestine”
NGO Monitor provides answers to commonly asked questions regarding the ICC and the NGO campaign targeting Israel.
NGO Monitor Submission to the UN Biennial Report of the Secretary General
Submission of NGO Monitor for the Biennial Report of the Secretary General on 'Strengthening United Nations action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity'
Lex Generalis Derogat Legi Speciali: IHL in Human Rights Regulation of Military Courts Operating in Situations of Armed Conflict
The operation of military courts is clearly allowed for and, in some cases, mandated by international humanitarian law (IHL). Nevertheless, the use of military courts has been one of the most controversial and hotly debated areas of human rights. Despite the ostensibly exclusive military domain, many human rights bodies have registered significant scepticism towards this type of justice.
[Opinion] Magnitsky Act is an important tool for tackling corruption and human rights abuses
Anne Herzberg examines the Magnitsky Act as a tool to fight human rights abuses.
Book Review: Law in the Arab–Israeli Conflict: The Trials of Palestine
Anne Herzberg reviews Steven E. Zipperstein's book on law in the Arab–Israeli conflict.
הזירה הבאה של ארגוני החרם במאבק הכלכלי נגד מדינת ישראל: שווייץ
בעוד אחריות תאגידית היא חיונית ביותר וממשלות צריכות לחזק את החוקים כדי להגן על זכויות עובדים, סביבה, ילדים, משאבים בסכסוך ועבדות מודרנית, היוזמה השווייצרית מכוונת הרבה מעבר לכך ואף מזיקה יותר מאשר מועילה
הזירה הבאה של ארגוני החרם במאבק הכלכלי נגד מדינת ישראל: שווייץ
מלבד הניצול הציני של תחום האחריות התאגידית ע"י גורמים פוליטיים רק כדי לתקוף את ישראל, ההשלכות של היוזמות החדשות עלולות ליצור חוסר ודאות משפטי ולהשפיע באופן נרחב על יחסי הסחר בין ישראל לאירופה
[Opinion] New details undermine UN's BDS blacklist even further
Anne Herzberg discusses the UN's BDS blacklist of companies.
NGO Monitor Submission to the Committee to review the Guidelines for Observation and Exclusion of Companies from the Government Pension Fund Global
The Institute for NGO Research presents this submission to the Committee in advance of its review of the Guidelines for Observation and Exclusion of Companies from the Government Pension Fund Global (GPFG).
Submission to the Working Group on Business and Human Rights Project on Business in Conflict and Post-conflict Contexts: Corporate Due Diligence in Situations of Armed Conflict
Anne Herzberg brings this submission to the Working Group on Business and Human Rights to assist it in formulating recommendations regarding the implementation of the UN Guiding Principles in conflict and post-conflict situations to be presented to the UN General Assembly in October 2020.
Prompted by a Norwegian NGO, UN Treaty Body Promotes BDS
There is a growing phenomenon of UN Treaty Bodies violating their mandates, as part of discriminatory anti-Israel campaigns.
NGO Monitor Submits Amicus Brief to the International Criminal Court (ICC)
NGO Monitor submits a briefing to the ICC regarding the "Situation in the State of Palestine."
[Opinion] There’s always money for Israel-bashing and antisemitism at the UN
Anne Herzberg discusses the UNHRC's request for funding.
NGO Fact-Finding for IHL Enforcement: In Search of a New Model
Human Rights Watch (HRW), Amnesty International (Amnesty), and other like-minded organisations have become major actors in the world of international humanitarian law (IHL). Every year they issue hundreds of publications purporting to document violations and to promote IHL enforcement. These publications are ubiquitously cited in the media, and used as source material for governmental and United Nations inquiries, quasi-judicial bodies, the International Criminal Court, academic studies, and other frameworks.
[Opinion] US Human Rights Council pullout: the NGOs only have themselves to blame
Anne Herzberg discusses the United States leaving the United Nations Human Rights Council and the NGO involvement in the council's prejudicial history relating to Israel.
[Opinion] Guterres' Israel Visit - An Opportunity to Reset Relationship with the UN
Anne Herzberg argues that UN Secretary General Guterres has taken steps to begin repairing the relationship between Israel and the UN but more forceful steps still need to be taken.
[Opinion] Objections to Israel’s BDS Law are Overwrought and Hypocritical
Anne Herzberg points out the decision to deny BDS activists entry to Israel and the amendments to the law must be seen in context.
[Review] Legal Double Standards: HRW and Amnesty on Settlements
Anne Herzberg reviews a paper by Prof. Eugene Kontorovich's, highlighting the double standards of Amnesty International and Human Rights Watch.
Examining the NGO Security Discourse on Urban Warfare
Although they lack the military expertise and knowledge of international humanitarian law to do so, NGOs make allegations and claims against military decisions made in the interest of defense and security.
[Opinion] Britain's self-inflicted wound
Anne Herzberg describes the hypocrisy of the UK's protecting its soldiers from claims against them in British courts, while funding the very same campaign against Israel.
[Opinion] UN Committee Against Torture review: NGOs' influential role
Anne Herzberg argues that proper due diligence regarding submissions by highly politicized NGOs to the United Nations Committee Against Torture review of Israel is essential.
[Opinion] UN Appointments Process Violates Professional and Ethical Standards
Anne Herzberg calls upon the United Nations Human Rights Council to cease from appointing blatantly anti-Israel candidates to high positions, and instead abide by its principles of impartiality and fairness.
[Opinion] The International Community Justifies, Funds Palestinian Terrorism
Anne Herzberg calls upon the UN and EU to commit to their claims of neutrality, and stop financing and promoting the whitewashing of Palestinian violence.
[Opinion] November 29: The Day the UN Stands With the Palestinians and Demonizes Israel
Anne Herzberg and Rachel Hirshfeld claim that the International Day of Solidarity with the Palestinian People provides fuel for the virulent anti-Israel political warfare campaign that continues to gain momentum within the corridors of the UN.
[Opinion] Do European taxpayers know how pro-Palestinian groups use their money?
Anne Herzberg demonstrates that funds going to politicized NGOs from European governments through the Human Rights Secretariat are being used to demonize Israel and erase the context of the current wave of Palestinian terrorism, justifying it as a "right of resistance"
די לתעמולה בדו"חות האו"ם
הדו"ח על "צוק איתן" של האו"ם עומד להתפרסם ולא מדברים על ארגונים לא-ממשלתיים שעליהם הוא מסתמך. ארגונים אלה חסרים את המומחיות במבצעים צבאיים ולא מודעים למה שקרה בפועל, אך עדיין מטיחים האשמות חמורות בישראל
[Opinion] A Troubling Picture of UN Complicity in Palestinian War Crimes
Anne Herzberg maintains that while the BOI summary of the 2014 Gaza war lacks transparency, its mandate was generally even-handed, did not declare Israel guilty in advance and, even if unintentionally, refutes the predominant NGO narrative.
[Opinion] NGO Silence on PLO Terror Verdict
Anne Herzberg maintains that while one would expect human rights and international justice NGOs and activists, who have campaigned on universal human rights issues for decades, to support the landmark decision of Sokolow v. PLO, their silence speaks volumes.
[Opinion] Findings, But Few Facts
Anne Herzberg maintains that without professionalization and standardization, NGO fact-finding should be viewed as nothing more than politicized advocacy.
[Opinion] Schabas is the Perfect Choice for Goldstone 2
Anne Herzberg claims that given William Schabass anti-Israel record, it is no surprise that he was selected to draft a report that will undoubtedly conclude that Israel is guilty.
[Opinion] The Gaza Numbers Game
Anne Herzberg presents the numbers and statistics that NGOs do not publish in their simplistic narratives.
[Opinion] The Palestinian War on Children
Anne Herzberg maintains that depraved exploitation and abuse of children as targets and weapons will not end so long as the UN, members of international community and NGOs continue to enable these atrocities.
[Opinion] With Friends Like Norway
Anne Herzberg maintains that the Norwegian government continues to provide tens of millions of kroner to organizations that actively promote BDS, campaign against the right of the Jewish people to self determination, and seek to undermine the Oslo Framework.
Second Class Rights: How Amnesty International & Human Rights Watch Fail Women in the Middle East
While the lack of rights and fundamental freedom for women is one of the most egregious manifestations of autocratic and oppressive regimes in the Middle East, prominent human rights NGOs fail to direct sustained attention to womens rights in this area of the world.
[Opinion] Israel, Stay Away From the UN Human Rights Council Farce
Israel was right last year to end contact with the UN Human Rights Council, and the reasons it gave then - its obsessive bias and double standards targeting the Jewish State -are just as relevant today.
[Opinion] Europe's Strange Bedfellows
The EU and European governments must openly and honestly explain to the Israeli public and their own taxpayers what motivates funding to highly politicized NGOs.
NGO Malpractice - The Political Abuse of Medicine, Morality, and Science
These groups use their humanitarian work as an opportunity to take partisan positions against Israel, using medical jargon and their reputations as medical experts to advocate on issues far removed from medicine in order to support Palestinian political goals.
[Opinion] Showdown between UN Human Rights Council and Israel?
The UN, HRW, and the other organizations that are responsible for the dysfunctional state of affairs at the Human Rights Council have no one to blame but themselves. If the collapse of UPR is what it takes to force real change at the HRC and to end the stranglehold of abusive regimes at that institution, it will be worth it.
[Opinion] The Corrie case: Reckless choices
Anne Herzberg analyzes the Rachel Corrie case, ISMs anti-human rights agenda, and how NGO activists will spin the verdict to promote BDS, lawfare, and further attempts to delegitimize the Israeli justice system.
[Opinion] The truth about Gaza
Anne Herzberg and Jason Edelstein discuss Israel's Gaza policy in the wake of the release of Gilad Shalit and calls by NGOs to "lift the Gaza siege."
NGO "Lawfare": Exploitation of Courts in the Israeli-Arab Conflict
An in-depth report, documenting the central roles of groups such as the Palestinian Center for Human Rights (PCHR), Al Haq, and others in implementing strategies for the prosecution of Israelis.
NGO Apartheid State Campaign: Deliberately Immoral or Intellectually Lazy?
Labeling Israel an apartheid state is closely linked to BDS campaigns and lawfare cases. Many NGOs falsely portray the Arab-Israeli conflict as a dispute motivated by alleged race-hatred of Arabs.
