World order §5a: Laws and norms – and the ICJ speaks on Israel

The International Court of Justice – the highest legal body in the UN system – has issued an advisory opinion (i.e., a legal ruling) about Israeli settlements on the West Bank.

The 80-page judgement refers seven times to “Israel’s unlawful presence in the Occupied Palestinian Territory”, explains why and how it is unlawful. Israel’s presence, the court makes clear, violates “the prohibition on the acquisition of territory by force and the right to self-determination of the Palestinian people” (paragraph 267). Since the presence is against international law, “Israel has an obligation to put an end to those unlawful acts” (paragraph 268). Further, “Israel is also under an obligation to provide full reparation for the damage caused by its internationally wrongful acts to all natural or legal persons concerned” (paragraph 269).

This is not the first time the ICJ has declared against Israel’s occupation of the West Bank; it did so 20 years ago. What I found striking, since I am thinking a lot and writing about the shaky condition of world order today, is that the ICJ is also clear about other states’ obligations:

“In view of the character and importance of the rights and obligations involved, all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory. They are also under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory.” (paragraph 279)

It feels like another acid test for much of the West about right and wrong, law and norms. Is is too much to hope for consistency?

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