What Matters Now to Haviv Rettig Gur: The weakness of international law
Jun 13, 2024
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Senior analyst Haviv Rettig Gur discusses the use of international bodies to delegitimize Israel and the weakness of international law in protecting the little guys. They explore accusations of war crimes, crimes against humanity, and the challenges faced by Israel in abiding by international law standards, raising questions about the fairness and enforcement capabilities of the system.
International bodies delegitimize Israel through biased assessments.
Historical Jewish contributions to shaping international law highlight its significance.
Systemic inefficiencies in international law challenge universal justice and accountability.
Deep dives
Challenges Facing American Jews
American Jews, facing a period of heightened anxiety and concern, reflect a dimension of the Jewish world responding to ongoing challenges, distinct from Israelis who are more shielded from certain global discourses. Despite sacrifices made by Israelis in daily security challenges, American Jews navigate a sense of increased vulnerability, particularly amid rising anti-Semitism. This reveals a disparity in experiences between the two Jewish communities.
International Bodies and Delegitimization of Israel
The utilization of international bodies like the International Criminal Court and the United Nations to delegitimize Israel raises complex legal and political concerns. Recent reports equating Israel with entities like Russia and terrorist organizations have drawn attention to perceived injustices in international assessments. The role of these bodies in examining Israel's actions amidst the Israeli-Palestinian conflict brings into question the effectiveness and fairness of international law.
Historical Jewish Relationship with International Law
Jews' historical engagement with international law reflects a deep-rooted effort to seek protection through legal frameworks post-World War II. Despite intrinsic distrust of international legal systems, Jews have actively contributed to shaping international law and highlighted its significance in safeguarding global human rights. The complex interplay between Jewish identity, legal traditions, and international accountability underscores a nuanced relationship with legal mechanisms.
Critique of International Law's Efficacy
A critical evaluation of international law reveals systemic inefficiencies in addressing complex geopolitical conflicts, such as the Israeli-Palestinian situation. While international law offers a platform for moral discourse and legal proceedings, its practical limitations raise questions about its ability to ensure universal justice and protection. The discrepancy in enforcement mechanisms and selective application of legal standards underscore inherent challenges in holding states and non-state actors equally accountable.
Inadequacies of International Law in Real-world Conflicts
The practical shortcomings of international law become evident in real-world conflicts where vulnerable populations face grave threats without adequate legal recourse. Despite noble intentions, international legal frameworks often fall short in protecting marginalized groups and upholding universal rights. The prioritization of political interests over humanitarian crises highlights the limitations of international law in promoting genuine justice and ensuring collective security.
Reflections on International Legal Discourses
The intersection of international legal discourses with political realities underscores an inherent imbalance in addressing complex conflicts like the Israeli-Palestinian issue. While legal frameworks aim to establish norms and standards for global governance, their application often reflects power dynamics and selective enforcement. The dependence on international law as a moral compass reveals a nuanced interplay between legal formalities and practical challenges in navigating complex geopolitical landscapes.
Welcome to What Matters Now, a weekly podcast exploring one key issue currently shaping Israel and the Jewish World. This week, host deputy editor Amanda Borschel-Dan speaks with senior analyst Haviv Rettig Gur.
On Tuesday, the United Nations published an annual report on children in armed conflict, which for the first time added the Israeli military, Hamas and Palestinian Islamic Jihad to its list of worst offenders. The decision to add the IDF to what has become known as “the list of shame” was due to what the report said was its killing and maiming of children and attacking schools and hospitals. Israel asserts that it operates according to international law, taking steps to avoid civilian casualties.
And on Wednesday, a UN inquiry alleged both Israel and Hamas committed war crimes in the early stages of the Gaza war, saying Israel’s actions also constituted crimes against humanity because of the immense civilian losses, and that they included acts of “extermination.”
This week, we discuss the use of international bodies to delegitimize Israel and how international law -- developed in part by Jews -- no longer protects the little guys.
So this week, we ask Haviv Rettig Gur, What Matters Now?
IMAGE: Israel's legal team waits to hear the arguments of South Africa's legal team as part of South Africa case against Israel over Rafah offensive at the International Court of Justice (ICJ) in The Hague, on May 16, 2024. (Nick Gammon / AFP)
