
The ICJ ruling on Gaza. Is the West making an exception to its own rules based international order?
Perry Anderson’s The Standard of Civilisation (New Left Review Sept Oct 2023) is a very useful piece on the realities of international law. After the First World War came the League of Nations and after the Second, the United Nations. However behind this lay an ideological perspective that whatever European countries and the US do is in accordance with international law and what others do is not. Palestine in this context has no chance. Israel facing orders is exceptional. Anderson notes that Gramsci saw hegemony as the ‘successful representation of a particular interest as a universal value’
The issue is whether the US, UK and the EU will now make an exception for Israel after the ICJ ruling and in doing so undermine the concept of a rules based international order they have spent many decades promoting
Western governments backed the ICJ in similar rulings against Myanmar, Russia and Syria. It would do enormous damage to the “rules-based order” that Western governments claim to uphold if they were to make an exception for Israel.
Kenneth Roth, Guardian 27th January
https://www.theguardian.com/commentisfree/2024/jan/26/icj-ruling-israel-western-backers
The UK Foreign Office did not waste time in making clear that they are making an exception for Israel. The end of the West’s rules based order
An FCDO spokesperson said:
We respect the role and independence of the ICJ. However we have stated that we have considerable concerns about this case, which is not helpful in the goal of achieving a sustainable ceasefire.
Israel has the right to defend itself against Hamas in line with IHL, as we have said from the outset. Our view is that Israel’s actions in Gaza cannot be described as a genocide, which is why we thought South Africa’s decision to bring the case was wrong and provocative.
We welcome the Court’s call for the immediate release of hostages and the need to get more aid into Gaza. We are clear that an immediate pause is necessary to get aid in and hostages out, and then we want to build towards a sustainable, permanent ceasefire, without a return to the fighting.
https://www.gov.uk/government/news/statement-on-the-interim-icj-ruling-in-south-africa-vs-israel










