Editorial: The Rule of Law

Author: 
24 October 2003
Publication Date: 
Fri, 2003-10-24 03:00

Israel and UN resolutions are no strangers. Indeed, Israel has more experience at ignoring them than any other member of the United Nations. Under the armor-plated umbrella of the United States, the country has honed to a fine art the contempt with which it dismisses the opinions of the rest of the world.

It is almost as if international disapproval has become a sort ignorable muzak to accompany its dogged oppression of the Palestinians and its slow but seemingly inexorable expansion. The latest step in this creeping seizure of territory is the 150-mile wall, built under the guise of protecting Israel from suicide bombers.

The United Nations General Assembly very properly passed a resolution Tuesday, roundly condemning the Israelis for its so-called security wall, which Israeli government sources are already hinting may not be taken down even when violence stops. Another part of the resolution, backed by Arab countries, was dropped. This called for a case to be brought against Israel in the International Court of Justice in The Hague.

This was almost certainly a serious mistake. The UN created the International Court and it has thus far proven to be a great success. The institution is engaged in excellent work bringing war criminals from the Balkans and Africa to justice. It would therefore be just the place to test Israel’s right to wall off for itself swathes of Palestinian territory and sever the physical links between the Palestinian and Israeli communities. Such a case would almost inevitably expand to the way in which Israeli settlements have for years encroached on Palestinian land, ousting communities that have worked it for generations and seizing crucial water sources.

Israel’s obligations are set out in international law. In the International Court of Justice at The Hague, the UN has created the mechanism where such issues can be argued and examined. It is only if the rule of law could be made to prevail in the region, the rule of the helicopter gunship and the suicide bomber can be ended. How disappointing therefore that the General Assembly chose to ignore this route and stuck to the proven failure of its past procedures.

The good news, however, is that this latest UN resolution instructs the secretary-general, Kofi Annan, to report back in a month. If, as is certain, the Israelis continue to ignore the international community, then a further resolution should refer their behavior to the judges and lawyers at The Hague.

If the United Nations is serious about the rule of law, then the law must be given a chance. Just as it is time for the awful violence to end, so it is time for the UN General Assembly to stop blowing hot air.

Main category: 
Old Categories: