Sixties Fan
Diamond Member
- Mar 6, 2017
- 68,040
- 12,260
- 2,290
- Palestinian Authority Chairman Mahmoud Abbas’ desire to petition the International Court of Justice on the “issue of the legality of the occupation of the land of the Palestinian state and the relevant obligations for the United Nations and States around the world in this regard” opens a “Pandora’s box” of questions.
- A legal situation of “occupation” is, in and of itself, not inherently illegal. On the contrary, it is a legally acknowledged situation in international law and practice.
- To raise the question before the international court as to whether there exists a “Palestinian state” would appear to be presumptuous and even pre-empt and prejudge the outcome of the negotiation process. There exists no internationally accepted and binding document attesting to the existence of any Palestinian state.
- It is unclear if those advising the Palestinian leadership fully understand the distinction between the status and functions of the two different international judicial bodies, the International Criminal Court and the International Court of Justice.
- The Palestinian leadership alleging before the UN and ICJ that Israel is violating the Oslo Accords would be ironic, in light of the long list of fundamental breaches of those accords by the Palestinians.
- It remains improbable that the Palestinian leadership could establish any viable cause of action in the ICJ against Israel, based on the Oslo Accords.
(full article online)

Are the Palestinians Changing their Legal Tactics in the International Courts?
Do the Palestinians even have juridical standing in the ICC and ICJ? - Are the Palestinians Changing their Legal Tactics in the International Courts?
