Re: Will the ICJ try Israel on charges of apartheid? MEMO in Conversation with Victor Kattan

“Breaking the rules? Any evidence?”

Any evidence of WHAT — that they’re capable of breaking the rules by agreeing to hear a matter in the absence of competent jurisdiction?

Certainly, you bet there is such evidence:
The classic instance is the 2004 case of the Israeli Security Barrier, for which the ICJ had had no competent jurisdiction to proceed — and which they DID, nonetheless, indeed agree to hear (and ‘rule’ upon).

In fact, it was precisely because the Court had had no proper jurisdiction to proceed w/ the matter that ONE OF ITS OWN JUDGES noted, in a dissenting opinion, that the Court had been out of order in accepting the case in the first place.

And it is ALSO for that specific reason: lack of jurisdiction — that the ruling was ultimately declared NOT BINDING, but merely ‘advisory.’

Fancy that.

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