The problem lies not with the content of international law, but with its lack of enforcement.
As the war between Hamas and Israel escalates and threatens to spread north to Lebanon, you may be wondering where international law stands amid the death and destruction. The short answer is it has been missing in action. As the latest round of bloodshed illustrates, in times of war, law is subordinate to brute force and vengeance. This doesn’t mean that international law has become irrelevant. Far from it. In times of war, we need its counsel and wisdom more than ever.
The ICJ has considered two cases involving Israel and Palestine: In 2004, it handed down an advisory opinion, finding that the separation wall Israel was constructing along the West Bank violated international law. Currently, the court is reviewing a request from the U.N. for an advisory opinion on the legal consequences of Israel’s policies and practices in the occupied Palestinian territories. Israel rejected the findings of the first ICJ advisory opinion.
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