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Whose courts and what legal system is appropriate? Progress on the two-state solution has been stalled for years and the PA is at best a quasi-government that
by betterunix2 5y ago
Whose courts and what legal system is appropriate? Progress on the two-state solution has been stalled for years and the PA is at best a quasi-government that is not yet able to enforce its laws or exert control across its entire territory. The PA still relies on the Israeli government to manage the West Bank and they have basically lost control of the Gaza Strip. Has there even been an effort to bring this case before a Palestinian court?
[Edit: I did not downvote you.]
- a5994yt67 5y agoThanks for the thoughtful reply. I’m not sure regarding any efforts to bring this case before a Palestinian court. I completely agree that the PA is ineffective at governing and deserves much criticism for the current state of affairs. Progress on the two state solution has been stalled for years and reaching any agreement at times seems like a pipe dream. My understanding from the UN link that I shared is that international law applies here as Israel is an occupying power. I am not sure whether there is an international court to hear this dispute and rule according to the applicable international law. If there isn’t, though, I can’t bring myself to justify that Israel has the right to apply its laws and courts in order for there to be some system of law and order. Even if the PA is in effect ceding this responsibility to Israel through incompetence, applying Israeli law and adjudicating in Israeli courts sets a precedent that any occupying nation can do this in land that is not internationally recognized as their own so long as there is no functioning law and court system in that land. To me accepting this as precedent feels like a slippery slope toward an invitation for nations to engage in annexation and colonialism.