United Nations

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

/ Dan Smith / Leave a comment

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?

World order §5: Laws and norms – and the double standard

/ Dan Smith / 1 Comment

How do you solve a problem like the world order?

We have had one – an order, a way of arranging international relations through institutions, treaties, law and norms – for virtually eight decades since the end of World War II. It has had its ups and downs and gone through some changes, though nothing fundamental. But now, so much seems to be going wrong at once – more armed conflicts with rising death tolls, worsening ecological disruption, growing economic inequalities and fragmenting social cohesion in numerous countries.

It all adds up to system failure on a world scale. This post, number 5 in a series based on the introductory chapter to the recently released SIPRI Yearbook 2024, focusses on the importance of laws and established norms in the world order.

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World order §2: Power, norms, origins and longevity

/ Dan Smith / 6 Comments

The world order is under pressure from a combination of political, economic, social and ecological factors, to such an extent that it is not simply weakening but is at risk of cracking, fragmenting and coming to an end. There are some who will cheer because of its many evident flaws over the past 80 years, the injustices and wars it has permitted and even fostered. But be careful what you wish for, folks. Too much of history warns us that doing away with an unjust order does not necessarily mean introducing one that is more fair. And the world order that is staggering today brought some real benefits despite its flaws.

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