The "Legal" War on Israel
By Moshe Dann
FrontPageMagazine.com | July 18, 2007

For nearly four decades the International Committee of the Red Cross (ICRC) has carried on a relentless battle against the right of Jews to live in Yehuda, Shomron, and Aza (YeShA). Declaring all Jewish presence beyond the 1949 Armistice lines "illegal," they condemn Israel for violating the Fourth Geneva Convention (GC IV). Acting as judge and jury in secret deliberations, they decided that Israel was guilty. And, despite objections from distinguished international legal experts, the ICRC refused to consider any appeal. There's only one problem: they made up 'the law' to fit their politics.

Several years ago, the International Court of Justice (ICJ) joined this effort by declaring Israel's 'security barrier' and all Israeli settlements "illegal" because they were built beyond the boundaries of 1949 on "occupied Palestinian territory." That territory was never defined; it couldn’t, since there is no such entity. And their conclusions ignored the facts.

Divided between two terrorist organizations, Fatah and Hamas, the Palestinian Authority is not a state, nor does it comply with the recognized attributes of statehood. Defining "Palestine" as a single unit between the Mediterranean and the Jordan River, most Arabs agree that Israel has no right to exist. "The Nakba" (Catastrophe) was not in 1967, but 1948.

The ICJ, which includes former ambassadors of Jordan and Egypt, didn't consider any Israeli arguments (according to one of its members); in fact, Israel refused to participate in the charade, knowing the outcome had already been determined.


In other words, unlike domestic law which is made by legislatures and administrative bodies, the ICJ's decisions, as international "law," reflected political bodies (like the UN), or NGO's (like the ICRC) who are accountable only to themselves and whose criteria for decision-making when it comes to Israel lack objectivity, impartiality, or careful evaluation. Yet, that became "the law."

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