Why is the International Court of Justice ruling against the Israeli occupation a legal earthquake in slow motion?

That is why the ICJ’s opinion is a legal earthquake. In the coming weeks and months, countries will be forced to rethink the nature of their relations with Israel – commercial, military, economic, and diplomatic. Their duty is clearly to distinguish between Israel on the Green Line – the 1949 armistice lines – and the settlements in the occupied Palestinian territories. But when the Israeli government itself erases the Green Line, the changes in relations may also reach Tel Aviv.

When the same Israeli institutions operate in the West Bank and in Israel—whether the IDF, the Israel Land Authority, or the Antiquities Authority, whose authority may extend to the West Bank under a new bill proposed by the current government—it may be difficult for another country to implement a joint project with them. Even if such a project were geographically confined to the Green Line, it could violate the International Court of Justice’s prohibition on providing aid or assistance in maintaining Israel’s illegal occupation. And even if such a delicate discussion were possible, some countries might prefer to avoid the headache of ensuring that traces of their commercial or cultural cooperation with Israel actually remain in Israel.

The special power of law sometimes allows it to act as a trump card over the obstacles created by political interests. Law, in its clarity and scope, is capable in some cases of inducing action, or preventing action, that would otherwise have been determined only by narrow political will, or its absence. In this case, the position of international law on Israel’s occupation, as the International Court of Justice has declared, constitutes a new and powerful player that joins politics, economics, and military power, among others, in the matrix of forces that will determine the fate of this conflict. For political leaders around the world, including in Washington, who find it difficult to criticize Israeli policy and who have, either by action or inaction, helped perpetuate the Israeli occupation, they now have reason to change course. They can say: “I have no choice, this is a matter of law. This is what the law dictates.”

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