Pessimism about the effectiveness and enforcement of international law and the concept of a “rules-based order” is understandable, but not all hope is lost.
It is unsurprising that mainstream media have largely ignored the historic and unprecedented ruling of the International Court of Justice against Israel’s apartheid and illegal occupation of Palestinian lands. According to an analysis by Haaretz, this ruling “essentially arms countries, institutions, and corporations with justification to penalize Israel.”
Prime Minister Netanyahu has focused much of his career on opposing the Oslo Accords. Now, the Oslo Accords are effectively nullified, but not in the manner he intended. Israel is no longer in a position to condescend to allow the Palestinians the right to self-determination; instead, they are now compelled to do so unconditionally, according to the highest legal authority in the world. If Israel fails to end the occupation, which is likely, there are now legal mechanisms in place to pressure it to comply.
There was a massive misinformation push immediately following the World Court’s ruling on Friday, with propagandists on social media characterizing it as an “opinion” and emphasizing the term “non-binding.” This is, of course, a mischaracterization of the nature of international law meant to pacify the layman. According to a statement by the Israeli Foreign Ministry:
It should be clarified that the opinion published today is an advisory opinion and it is not legally binding. The State of Israel adheres to the rule of law, and has an independent and respected legal system. It is committed to international law and it will continue to protect its citizens in accordance with international law.”
Israel rejects the advisory opinion of the International Court of Justice (ICJ) that was published today regarding the Israeli-Palestinian conflict.
Unfortunately, the Court’s opinion is fundamentally wrong. It mixes politics and law. It injects the politics of the corridors of… pic.twitter.com/cuA1uYU7B7
— Israel Foreign Ministry (@IsraelMFA) July 19, 2024
What it fails to mention is that the World Court has determined Israel is guilty of apartheid, with an institutionally discriminatory legal system against Palestinians. Consequently, Israel is no longer considered “an independent and respected legal system” capable of investigating itself. The long-term implications of this ruling extend beyond Israel’s worst fears.
We can gauge the significance of this ruling by the mainstream media’s response, which has been minimal, mainly highlighting that it is not legally binding. Although this is true, the ruling sets a clear precedent that will be referenced for years to come, and it does not reflect positively on the situation.
This is a legal matter and will not immediately impact the daily lives of Palestinians living under military occupation in the West Bank or those in Gaza enduring what the IDF calls another “spear tip” into a “safe zone.”
Despite the dire situation, there is a glimmer of hope. The ruling finally addressed the issue of reparations, providing clarity that many legal scholars did not expect at this stage.
Join us on State of Play as we explore the significance of this development with Kristen Zornada, an international humanitarian lawyer and federal judicial advisor.
Greg Stoker is a former US Army Ranger with a human intelligence collection and analysis background. After serving four combat deployments in Afghanistan, he studied anthropology and International Relations at Columbia University. He is currently a military and geopolitical analyst and a social media “influencer,” though he hates the term.
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