From Jew vilification to the delegitimization of Israel - opinion
From the dawn of time, Jews have been maligned and slandered. Apion's vilification, the blood libels, the Dreyfus trial, and of course, the antisemitic propaganda of the 20th century are just a few examples. All of these manifestations of antisemitism got an "upgrade" to vilifying Israel, where the majority of world Jewry resides, by taking away the very legitimacy of Jewish presence in its ancestral homeland.Seth Frantzman: The UN's vote against Israel and its historic contradictions
This effort began when the Roman emperor Hadrian renamed the land of Israel "Palestine" in order to detach the Jews from their homeland. In a nutshell, the vilification of the Jew has evolved into the delegitimization of the State of Israel. Words have power, and we still suffer the consequences of those words written and spoken over the last two millennia.
Today, the effort to delegitimize Israel has gone global and has permeated organizations like the United Nations and Amnesty International, which routinely try to undermine Israel's right to exist as a Jewish and democratic state within any borders. Furthermore, with the democratization of communication due to the emergence of social media, the average person has been handed the power and platform to throw misinformed accusations at Israel with the click of a button.
Making matters worse, influencers and celebrities can reach three, four, or even ten times the number of all Jews on the planet, spreading incorrect information. They share inaccurate content out of ignorance (like the star of Netflix's hit show Wednesday, Jenna Ortega) or out of pure malice (like antisemite Kanye West). Thus, the average person, who forms their opinions, including geo-political stances, based on memes, Instagram stories and TikTok videos, will easily be misinformed by these influencers. I experienced this firsthand when my friends around the world would easily share misinformation, while terrorist organizations were unleashing thousands of rockets upon Israeli civilians.
This is the essence of the contradictory policies behind “international law.” Western colonial powers were able to set up various administrations all around the world, sometimes only for a few decades. During that time they often carved up areas and created arbitrary lines on maps and then partitioned the areas they had taken over. But the Western powers were rarely accused under international law of “illegal occupation.” The concept of “international law” was primarily inaugurated after western colonial powers left most areas of the world.What are possible legal ramifications of an ICJ advisory opinion on Israel?
The remaining vestiges of colonial-era rule, such as some islands here and there, are not considered “occupied.” In this narrative, Western countries never “occupied,” but when they decided to partition countries or draw arbitrary lines on maps, cutting peoples and tribal territories in half, it was always "legal." This was the case in the partition of India and the creation of the Kashmir dispute.
It was also the case with areas in the Middle East. The Golan Heights are part of Syria, not because of some ancient legal reason, but because the British and French colonial authorities demarcated the border this way. Neither side of that equation was ever “occupying.” Only when the European countries decided to give “independence” to various states or leave, did international law suddenly swoop in and say that the borders the former powers had drawn would be set in stone. Now any changes were against international law.
The strangest thing is that the partition plan the British and UN left behind in 1947 was unworkable. International status for Jerusalem and a patchwork of areas for two states, one Arab and one Jewish, in what had been British mandate Palestine. Yet the “law” today isn’t entirely based on the 1947 decision. Instead, there was a ceasefire in 1948 and then a war in 1967. International law has a way of swooping in only when changes are made in Israel’s favor.
For instance, there was no “occupation” of Jerusalem or “demographic change” issue between 1948 and 1967 when Jordan ran east Jerusalem. Even though Jews were ethnically cleansed from areas of the Old City, this was not a “demographic change.” When Israel took over Jordanian-occupied east Jerusalem, then international law says the situation in 1967 must be set in stone. Not the situation in 1947 or 1887. How does the law know when to draw the line?
Similarly, it’s not clear why international law often portrays Israel as an “occupier” of Gaza. The Gazans were not consulted on whether they wanted to be occupied by the British or the Egyptians. Yet the “law” seems to only relate to Israel’s temporary control of Gaza and in essence forces Israel to forever be the “occupying power.” This is the same international concept that underpins the Oslo Accords, in a sense abrogating those very accords and making it impossible for Israel to give up control. This is problematic because even if Israel wanted to withdraw from parts of the West Bank and enable a full-fledged Palestinian state, the “law” would always portray Israel as continuing to “occupy” something. This is the case in Lebanon, for instance, where even though Israel withdrew in 2000, Hezbollah continues to accuse Israel of occupying the Har Dov/Sheba’a farms area. It’s hard to imagine a way Israel can ever extricate itself from the endless UN focus, even if it wanted to. The focus on Israel is convenient since it means more contentious issues such as focusing on Turkey’s occupation of Syria, are not spotlighted. Many countries agree to shift the focus to Israel.
The related features of international law, that it is often rooted in arbitrary European colonial power decisions, and in arbitrary dates, create many contradictions. It’s hard not to see it as merely being made up as it goes along to single out Israel. Some of the countries that created the “law” and the chaos of 1948, then condemn Israel for controlling the very thing they created and also refuse to let Israel leave areas they demanded Israel leave. Increasingly this is a tool of countries in the global south and authoritarian regimes. Many western countries do not see the constant focus on Israel as helpful. Some countries have realized that letting Iran and Russia hijack international forums is also no longer helpful. It is unclear if there will be more pushback against these kinds of resolutions and decisions that focus on Israel.
International Legal Forum CEO and human rights attorney Arsen Ostrovsky, agreed that “Such opinions of the ICJ are non-binding on the parties involved. They are purely of an advisory nature,” but warned that “they do carry considerable moral weight and are regarded highly as a reference point by the legal community, as well as civil society and the United Nations.”
Daphné Richemond-Barak explained that the ICJ advisory opinion “doesn’t obligate a state as such” but the body could urge member states to take action. Member states could use the ruling as a basis to make political decisions. Whether the states’ local courts would use the advisory as legal precedent was not the main concern. The opinion was more relevant in international fora.
“It’s not so much what the opinion is going to say but how it's going to be used in the future,” she said.
Richemond-Barak gave the example of the 2004 ICJ advisory opinion on the security barrier, and how it became the keystone for many reports and resolutions by international bodies. The ICJ’s opinion of the legal consequences Israel’s practices and control of the territories would likely be held in high regard due to the court’s prestige and air of authority.
Shany said that Prime Minister Benjamin Netanyahu’s new government would have to decide how to approach the ICJ opinion.
“There is always a question about what Israel should do, participate in the process or boycott.” said Shany. “If you don't make your case you may politicize the process but may face a more hostile decision.” He said that in the case of the 2004 advisory opinion on the security barrier, that Israel made a compromise between the two
In response to the ICJ’s 2004 evaluation on the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,” the government submitted a statement challenging the “jurisdiction of the Court and the propriety of any response by it on the substance of the request,” but refused to address the legality of the fence.
According to Shany the opinion could take between 1-2 years to formulate, and in that time, even if the new government doesn’t directly respond to the proceedings, statements made by ministers could influence the decisions. This legal specter could therefore impact the speech of Israeli ministers.
“Although the new process began prior to the new government, the statements made by the ministers will impact the deliberations,” said Shany. Talk of “exclusive rights of Jews over all the territory of Israel, while this may play very well to the home base, in the Hague proceedings could be damaging.”