Tuesday, January 19, 2010

Lawfare, Israel and the Illusion of International Justice

Israel and the Illusion of International Justice

Lawfare is being used as a new weapon by non-democratic regimes and non-state actors in their arsenal of asymmetric warfare. This is not just a problem for Israel but for all democratic and law abiding countries faced with increased threats by jihadist enemies. Sadly, well intentioned but misled jurists and many NGO's are falling for the bait and condemning Israel and Israeli government & military personnel, sometimes going so far as to accuse them of war crimes. The West should take heed; Israel is but the canary in the coal mine, the beachhead against this new and pernicious type of war. But it is coming to a theater near us too!
david brumer

The dominance of non-democratic and Islamic nations in international organs, and the increasing politicization of these bodies, virtually guarantees that no justice will be done when it comes to Israel or even NATO countries. In such morally corrupt frameworks, international law and human rights have become political weapons, disconnected from legitimate judicial processes and legal systems in democratic societies.

The ICJ's handling of the 2004 case regarding Israel's security barrier is a telling example. The suit was initiated by the UN General Assembly at the behest of the Arab League and the Organization of the Islamic Conference. European-funded advocacy groups such as B'Tselem, aided by NGO superpowers Amnesty International and Human Rights Watch, were central to this effort.

Legal scholars sharply criticized the court for accepting a predetermined political mandate from the UN and for its breach of procedural protocols in deliberations on the matter. The ICJ's resulting advisory opinion negated Israel's right of self-defense and displayed an utter lack of sympathy for terror victims. Its simplistic and troubling legal analysis clearly reflected the influence of the Arab League and politicized NGOs. Hardly an independent judicial inquiry, this distorted proceeding encouraged subversion of the rule of law, rather than its enforcement, by allowing for political manipulation of the judicial process.

1 comment:

George Jochnowitz said...

There is a connection, I believe, between the fact much of the world doesn't feel that Israel should be allowed to defend itself and the silence that much of the press has shown in regard to Israel's heroic efforts to save earthquake victims in Haiti. The most hated country on earth is neither expected to protect the lives of its citizens nor to get credit when credit is due. I mention this in my January 14 post on the Zombie blog: