Home Consulate Palestine v. United States of America before the International Court of Justice | IJN

Palestine v. United States of America before the International Court of Justice | IJN


Palestine” is suing the United States in the International Court of Justice. The case is “Palestine v. United States of America”.

A trial is an adversarial procedure. Friends don’t chase each other. “Palestine” sees the United States as an adversary, not a friend. It is the same Palestine that is happy to receive hundreds of millions of dollars in foreign aid from the United States of America.

What is the crime of the United States that merits this contradictory position of “Palestine”? It is the relocation by America of its embassy in Israel from Tel Aviv to Jerusalem.

According to Palestine, Israel does not have the right to determine the location of its own capital. According to Palestine, the US Congress also has no right to mandate the location of the US embassy in Israel’s capital.

The relationship between Palestine and the United States is, according to one characterization of the Palestinian trial, “precarious.” The precariousness of the relationship affects not only Palestinians living in the West Bank and Israel, but also Palestinians living in Israel, that is, Israeli citizens. “Palestine” presumes the right to speak on behalf of citizens of another country, and presumes that the conditions of their existence are equal to the conditions of residents of the West Bank and Gaza.

In the West Bank and Gaza, people live under dictatorships. The West Bank dictator is a man, yes, duly elected to power — in 2005. He is now in the 17th year of his four-year term. It’s a dictatorship, not a democracy. The Hamas dictators in Gaza do not even disguise their dictatorship under the guise of democracy.

Israeli Arabs, unlike the Arabs of the West Bank and Gaza dictatorships, live in a democracy. Their parties sit in the Israeli Knesset, with the same rights as Jewish parties.

But according to the lawsuit filed by “Palestine” against the United States, the relationship between all people living in Israel, Gaza and the West Bank is “precarious” – everything people, including Jews living in Israel. Their relationship with the United States is also “precarious”. It is described as a “political and legal struggle”. The Jews in Israel have a “precarious” relationship with the United States! They are in a “legal and political struggle” with the United States!

This gives you an idea of ​​the fantasy in which “Palestine” lives. No surprise here, given that there is no State of Palestine. Regardless, the International Court of Justice will take up the case. Which gives you an idea of ​​the fantasy world of this courtyard.

The Palestine trial requires the International Court of Justice to resolve its dispute – note, again, the presumption of the existence of a State of Palestine which can be party to a legal dispute, and, to boot, a dispute with a country, the United States, which was unaware that it had a legal dispute with this imaginary state of Palestine. “Palestine” demands resolution of this “dispute” by concluding that America’s relocation of its embassy from Tel Aviv to Jerusalem violated the Vienna Convention on Diplomatic Relations.

At least in part because of this legal charade, the United States does not recognize the International Court of Justice.

Yet since Palestine sued the United States before the United States withdrew from the “Optional Protocol”, which we admit we do not understand, it may not be clear whether the withdrawal will have any effect on the case. Walter Mitty’s fertile imagination could not have devised a better conversational script.

And There you go. It is not only Presidents Clinton, Bush, Obama and Trump that the case of Palestine comes up against. It is also President Biden.

It was under President Clinton that Congress recognized Jerusalem as Israel’s capital and called for the transfer of the US Embassy from Tel Aviv to Jerusalem by 1999. It was under the presidencies of Bush and ‘Obama that Congress supported this recognition, but postponed at regular intervals every six months, the actual transfer of the US Embassy to the capital of Israel. It was under the Trump presidency that the United States moved its embassy to the Israeli capital. And now, “Palestine v. United States of America” ​​faces President Biden, who has indicated that the US Embassy in Israel will remain in Israel’s capital, Jerusalem.

That’s a lot of presidents for “Palestine” to face!

Yet not so much with President Biden. He wanted to reopen the US Consulate General for Palestinians in Jerusalem, despite the fact that his convenience was avoided when the US Embassy was moved to Jerusalem (Palestinians are served there like anyone else in Jerusalem). ‘other). A country cannot open a consulate in a host country without that country’s permission, and Israel rightly refused to allow the reopening of the American consulate in Jerusalem only for Palestinians. Israel rightly saw Biden’s request for this as a waiver of Israel’s sovereignty over Jerusalem and Israel’s right to designate its own capital.

Now Biden has changed his strategy. He wants to establish a separate office for Palestinian affairs within the US embassy in Jerusalem. It is a distinction without differences. It is the same derogation from Israeli sovereignty over its own capital.

But forget that “Palestine” sued the United States! Palestine is suing the United States of America! Palestine regards the United States as an enemy. Is “Palestine”, the plaintiff, a political entity whose welfare the United States should bend over backwards to care for? Should Palestine receive massive US aid? What is happening here?

This lawsuit is not a hidden, minor, obscure, irrelevant, insignificant development.

Check American Journal of International Law. He published an article, “Palestine Sues US in International Court of Justice at Difficult Time for US-Palestinian Relations.”

Consult the Oxford Center for Human Rights. There was a piece, “State of Palestine Takes US to International Court of Justice Over Jerusalem Embassy.”

Discover a room in the Law Review of the University of Bologna“The Transfer of the United States Embassy from Aviv to Jerusalem (Palestine v. United States of America): Commentary on the Merits of the Case, Jurisdiction of the International Court of Justice and Admissibility of the Claim of Palestine.”

This is how the anti-Israeli engine revs up. To make a request – doesn’t matter how outrageous. Spread it in respectable circlesno matter what they say. The discussion ensues. The issue becomes legitimate. Suddenly there are two sides. There is a debate. So it’s complicated. Suddenly — a new base to oppose Israel.

Congress: Before you vote on aid to the Palestinians, take note. Ask yourself: When was the last time Israel sued the United States of America? Ask yourself: who is America’s true friend and ally?