From an
early age, I remember reading newspaper headlines of "government condemns
Israeli's violation of Geneva Convention and Human Rights in the Occupied Territories"
or "King calls upon UN to take action to stop Palestinian suffering." As
a child who did not know any better, I thought that this International Law must
be "really something." International Law is now my area of specialization, and
now being a step closer to becoming an international lawyer, my relationship
with international law became more narrowly defined. It is one that is both
intriguing and perturbing. Since my passion for international law and politics
manifested itself within me, I became weary perhaps even agitated about our -as
Arabs - perception of and expectations from International Law.
This
agitation significantly peaked during the events in Gaza, during which
governments, officials, analysts and lay people were calling upon international
law to intervene and stop the gross and indiscriminate crimes against the
Palestinian population. I hope that all of us will understand how international
law really operates in order to become real players in this power politics of
the international arena. We need to understand first how international law
operates on the basis of consent, or so to speak, that in order for law to
become international in substance and applicability the consent of over 190
states which are represented in the United Nations needs to be secured.
Understanding that as the initial premise on which international law rests -
which is justified by the principle of non - intervention and respect for state
sovereignty - entails the safe assumption of the problematic nature of international
law. One also needs to understand the power politics in international law, and
how the Powerful 5 (P5) on the Security Council pass resolutions which bind the
whole world - sometimes even states that are not members in the United Nations
- and now individuals through smart or targeted sanctions against for example
individual suspects of terrorism.
How is that
relevant to the Palestinian - Israeli conflict, if it is in any way? The first
thing that comes to my mind in times of frustration with international law and
its frequent invocation by desperate voices in the Arab world are the instance
where it is for instance that Israel violated the Geneva Conventions.
Surprisingly, Israel is party to such conventions, but what does that change?
We did not see the NATO intervening to save the Palestinians over the past 61
years of conflict, like it did in Kosovo for example. This is not simply the
result of a deficient enforcement and sanctions mechanism in International Law,
but is largely due to the lack of will on part of Member States, especially the
Security Council members, USA, UK, and France whom are not particularly subtle
about their unconditional support for the illegal state of Israel. If one
understands how politics greatly influence legal narratives, then one can
understand why Israel was acknowledged as a state and Palestine was not. This
something I personally cling to as a matter of importance that is still yet
deprived of logic. In the light of the recent calls for a Palestinian
initiative to declare an independent Palestinian state within the next couple
of years, I keep - naively perhaps - wondering why did not Palestine do that
already? I then remember the notion of failed states, like the federal states
of Former Yugoslavia that were not acknowledged as independent states, by the
international community. For the sake of political and legal correctness, the
requirement of statehood are not many; permanent population, defined territory,
effective government, and the ability to enter into relations with other
states. One can reasonably assume the fulfillment of such elements, there is a
permanent population, defined territory as it is now (or the lack of it would
be attributed to Israel) by the 67 lines which are generally recognized. As for
an effective government, then I would put the question of: effective in whose
view? Surely Palestinian are divided in their support, but there is also a
government in place that on its face can be seen as effective, yet this remains
a purely subjective determination but should not rest within the international
domain if not for anything then to uphold the foundational principle of
international law, that of non - intervention and respect for state
sovereignty. Finally, as for the ability to enter into relations with other
states it can be said that this requirement is also fulfilled, as relations can
be the result of other states' reaction to the Palestinian situation and
therefore the falling of such into either hostile, neutral or friendly
relations.
The last
requirement which is not defined as "customary" but is nevertheless
axiomatically fundamental is the declaration of statehood and the recognition
by other states. It could be as simple as Palestine declaring itself as an
independent state unilaterally, but here, is it the reaction of other states
that ironically matter more, and its where other "states" such as Kosovo
failed. This is again where power politics comes to play, where questionably
Israel might not have met the requirements set above but was, regardless,
recognized as a state. This dichotomy between the emphasis International Law
puts on other states and its hypocritical non - intervention principle unfolds
as a grave continuum of contradiction within International Law , which is
supposed to be protective of less empowered states, but it is exactly bringing
about the opposite results sof its promised mandate.
Such
constitutes basic knowledge about Public International Law, that governs and
impacts our everyday lives wherever we reside and no matter how much for
otherwise we might plead. That is why I take a personal stake in International
Law when it is invoked by us Arabs as ordinary citizens. International Law
especially throughout the Palestinian - Israeli conflict has disappointed us all.
It disappointed us when USA invaded Afghanistan and more when it invaded Iraq
and executed Sadam Hussien in the first morning of Eid. It disappoints us every
day, even when it "condemns" the barbarian IDF's actions that are now the
cornerstone of innumerable Palestinians' daily routine. I hope we will stop
asking International Law, I hope we will stop expecting the intangible from the
United Nations and I hope we will all acknowledge that our resort to
International Law should not only be when is needed, but when our resort to
such it is actually acknowledged and validly legitimate . I hope we will stop
burdening ourselves with our over-expectations and finally treat International
Law as it really is; a bitter inevitability and a sweet necessity.
Posted
at
25 Nov 2009 4:58 AM
by