Israel’s Prime Minister Binyamin Netanyahu visited Washington this week, coincidentally in the aftermath of US President Joe Biden’s decision to not seek reelection. There is certainly no shortage of topics on their minds – and there are doubtlessly some unspoken subtexts. Given that one man is now officially in the final months of office and the other seems likewise approaching an end, the significance to each man’s country of a tête-à-tête is inevitably minimized.
This was hardly the only theatre happening in recent days. The Bibi-Biden meeting took place days after the International Court of Justice declared that Israel has perpetrated a “de facto annexation” and is preventing Palestinians from exercising their right to self-determination.
The decision by the World Court, as it is known, is “advisory,” rather than “binding,” which is effectively neither here nor there, since Israel will probably do whatever it chooses anyway. And so it should.
This is not to say the court’s decision is meaningless. But its impacts are not at all what the court or those trumpeting this decision think they are.
To be clear: the court is not wrong. Palestinians are experiencing human rights violations in the West Bank and East Jerusalem. They are being prevented from fulfilling their right to self-determination – for reasons well beyond Israel’s control, though Jewish settlements and other Israeli government decisions make a prospective Palestinian state more difficult to realize.
Two things, though, can be true at the same time. Palestinians are experiencing these violations. But, Israel will, and should, ignore the court’s ruling. The ICJ opinion was a political, rather than a judicial, expression, the culmination of a concerted campaign by some of the most despotic regimes in the world. Israel did not participate in the hearing, choosing not to legitimize the process. The decision deserves to be dismissed.
Likewise, the world should largely ignore a related provocation by Israel’s parliament.
The Knesset last week, for the first time, effectively voted against a two-state solution. The vote, which called the idea of a Palestinian state an “existential danger” to Israel, was every bit as much a political act as the ICJ decision. In fact, they are basically two sides of the same coin. The Knesset vote was a slap (along right-left party lines) against those who would presuppose an independent Palestine in the absence of what would be inevitably long and complex negotiations.
The entire situation is a tragedy. The tragedy of the ICJ decision is, first and foremost, for the United Nations broadly, the World Court specifically and the millions, if not billions, of people worldwide whose legitimate need for human rights and a global voice for justice is diminished by the politicization of the ICJ. It is another nail in the coffin of the United Nations’ legitimacy.
Nawaf Salam, the chief judge who released the decision, is a two-time candidate for prime minister of Lebanon, having run with the imprimatur of the anti-Zionist and antisemitic terror group Hezbollah. His presence in this role is a mere illustration of a toxicity that has permeated some branches of the UN, not least the evidence that employees and leaders of UNWRA, the UN branch responsible for Palestinian refugees, were involved in the atrocities of Oct. 7. All of this is inevitable when a global parliament operating on democratic principles is made up primarily of autocratic member-states.
We must step back, though, and make a defence of the world body. Danny Danon, Israel’s former UN ambassador, who has undeniable Likud bona fides, is both a critic of the UN’s failures and a staunch defender of the necessity of its existence. He knows better than almost any other pro-Israel voice of the good work the UN does on too many fronts to abandon it. The idea of the UN is too important to terminate just because it is, in practice, falling woefully short.
Perhaps the best way to think of all these developments is as theatre. Like Netanyahu’s trip to Washington, the Knesset vote against a Palestinian state, the ICJ decision and all the hoopla around these events are just performances and, as Shakespeare said, all the people merely players. Only when all parties commit to laying the foundations for whatever form peace and coexistence might take, rather than simply making dramatic pronouncements, can substantive, positive change become reality.