The United Nations top court announced the decision on Friday concerning the 230-plus settlements that have been built in the West Bank, including East al-Quds, since the regime’s occupation of the Palestinian territory in 1967.
The court noted that the construction and existence of the structures on the territory amounted to its "de facto annexation" as well as possible "discrimination and apartheid."
Though non-binding and of simply advisory nature, the court’s recommendations mount further legal pressure on the occupying entity, and are hoped by Palestinians and its supporters to be adopted by the UN General Assembly and Security Council.
To shed more light on the issue, we reached out to Nader Entessar, professor emeritus of political science from the University of South Alabama.
Following is the full text of the interview:
How important is the UN top court decision? Can it affect Israel's weapon import and export in the future? and affect Tel Aviv's security cooperation with other countries?
The International Court of Justice (ICJ) is the main legal organ of the United Nations. As such, it carries more prestige and authority than many other international legal bodies, such as the International Criminal Court (ICC). However, we must remember that in the real world of global politics, it is political might not law that carries the day. This is an unfortunate reality. Therefore, in practical terms, ICJ's rulings will not have much impact on Israeli conduct. This has been the case for many years.
Despite the fact that the ICJ ruling is not binding, can it lead to more legal measures against Israel in the future?
Yes, but only in a limited fashion. This is because ICJ's rulings, unlike common law jurisdictions, do not set legal precedents and they can at best be only persuasive in future cases. In short, we should not overestimate the significance of ICJ's rulings.
The crimes committed by Israel in Gaza against civilians, children, and women are so horrible that international bodies under the pressure of public opinion can not close their eyes and overlook them. Do you think that this will affect Israel's cooperation and interactions with international bodies in the future?
Unfortunately, I do not see any bright horizon in this matter. Israel, especially under Netanyahu's leadership, has shown a near-total disregard, even contempt, for international legal rulings. Besides, major Western supporters of Israel have acquiesced to Israel's disregard of international rulings.
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