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July 12, 2004

The So-Called "International Court of Justice"

The American Spectator has a prime example of the contemptibility of the International Court of Justice, commenting on its recent decision saying that Israel should take down the wall that defends it from the PLO- occupied territory:

Of its fifteen "judges," seven come from nations which have no rule of law and allow their citizens no rights of self-determination or due process of law. These stalwarts -- all of whom joined in the condemnation of Israel -- come from Communist China, Madagascar, Sierra Leone, Russia, Egypt, Jordan, and Venezuela. Two more come from France and Belgium, two of the worst Israel-haters and Arafat-lovers of the European Union. Another comes from the Netherlands, ever- willing to join the EUnuchs in making U.N. mischief. That makes ten of fifteen, more than enough to predetermine the outcome of any issue, be it one of Israel or the United States.

Another measure is set by the "court's" own procedures. One of the judges, Elaraby of Egypt, used to be an Egyptian diplomat, assigned to the U.N. to join in any Israel-bashing nonsense in the General Assembly.


As a matter of international law, such as it is, the court lacked jurisdiction to hear the case. One of the basic principles that the court is supposed to follow is that it can't decide "contentious" issues when one of the parties to it -- in this case Israel -- has declined to submit the matter to the court to decide. The "court" blew past this restriction by saying that it had jurisdiction -- despite Israel's objection -- because the U.N. General Assembly is dealing with the overall issue of the Israeli-Palestinian conflict.


All you really need to know about the ICJ decision is that nowhere does it even recognize the fact of Palestinian terrorism against Israel. The whole decision talks about the "occupied" territories as if they were pacific realms, of no danger or even inconvenience to the Israelis. It concludes -- without factual predicate -- that the wall is not necessary for Israel to defend itself. The entire 65-page decision talks in terms of the Palestinian territories as if they were an ancient British forest or a modern Canadian city.

Remember all this next time you hear someone treat any ICJ decision as something to respect.

Posted by erasmuse at July 12, 2004 11:12 AM

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