The ICJ’s Latest Attack on Israel Undermines the Very Idea of International Law https://mosaicmagazine.com/picks/israel-zionism/2024/07/latest-attack-on-israel-undermines-the-very-idea-of-international-law-the-icjs/

July 22, 2024 | Elliott Abrams
About the author: Elliott Abrams is a senior fellow for Middle Eastern studies at the Council on Foreign Relations and is the chairman of the Tikvah Fund.

The Houthis’ attacks on civilian vessels in the Red Sea, which amount to a piratical war on global commerce, were not on the minds of the members of the International Court of Justice on Friday, which instead issued a nonbinding opinion on what it calls “the policies and practices of Israel in the occupied Palestinian territory, including east Jerusalem.” Unsurprisingly, the court deemed these policies and practices to be illegal, and urged the mass expulsion of Jews from the West Bank and parts of Jerusalem. The title itself reveals a premature conclusion that these long-disputed territories, not claimed by any other country, are “Palestinian.” Examining the text, which concludes with a call for the creation of a Palestinian state, Elliott Abrams writes:

What is so striking is that this entirely political judgment comes in what is supposed to be a legal document. Perhaps you believe that creating an “independent and sovereign” Palestinian state will “contribute to regional stability” and to Israeli security. I do not. . . . I think it will greatly endanger Israel and “regional stability,” and will be another launching pad for Iranian aggression. That’s my political judgment; the contrary is the political judgment of the judges of the International Court of Justice, and it should have no place whatsoever in what purports to be a legal opinion.

Read more on Pressure Points: https://www.cfr.org/blog/injustice-israel-and-international-court-justice