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The International Court of Justice Ruled Against Israel; Then Its President Became PM of Lebanon
Lebanese Prime Minister-designate Nawaf Salam speaks at the presidential palace on the day he meets with Lebanese President Joseph Aoun, in Baabda, Lebanon, Jan. 14, 2025. Photo: REUTERS/Mohamed Azakir
The United Nations General Assembly and Security Council are political institutions that countries use to pursue their foreign policy interests.
For that reason, the UN Charter also established the International Court of Justice (ICJ) to offer opinions based solely on international law rather than politics. This is what the ICJ was charged to do in evaluating charges against Israel last July.
In order for the ICJ to remain nonpolitical, it is composed of a panel of 15 judges, each a citizen of a different nation. These judges are sworn not to represent their home country’s government, or even to be influenced by it. Instead, they are to be guided solely by their conscience and their understanding of the law.
During the period in which hearings about the legal status of Israel’s alleged occupation were held and the advisory opinion was written, Judge Nawaf Salam of Lebanon served as president of the ICJ. In addition to having served as Lebanon’s representative to the UN, he also has an impeccable legal resume.
The ICJ opinion was harshly critical of Israel. It declared that Israel must withdraw from all its “occupied” territories, including eastern Jerusalem, as rapidly as possible without regard for Israel’s historical ties to those places and regardless of the extent to which such a withdrawal endangers Israel’s security. Court President Salam added his own separate declaration, in which he expressed anti-Israel views even stronger than the court’s majority, and found Israel guilty of apartheid.
While it’s tempting to accuse the court of antisemitism and anti-Israel bias, we must think long and hard before questioning the motives of those with whom we disagree. The opinion weighs difficult legal issues that people may see differently. The fact that the court’s president was from Lebanon, a known enemy of Israel, is also not an indication that the ICJ is biased as an institution. The 15 judges come from all around the world and there wouldn’t seem to be anything untoward about the Lebanese judge being chosen as chief.
But on January 13,2025, ICJ President Salam abruptly resigned his position to become Lebanon’s new Prime Minister.
One day, he was an international judge sworn not to be influenced whatsoever by the political positions of his home country, then the next day, he was in charge of formulating and advancing the same political positions he had been sworn to ignore.
At this point, one has to wonder to what extent the court’s opinion, and certainly Salam’s personal declaration, were not unbiased legal interpretations — but rather were written with an eye towards currying favor in Lebanon.
It would be best for the ICJ to have a code of ethics mandating a “cooling off period” of at least a year or two during which a former judge cannot be appointed to or campaign for a political office. That way there would be less incentive for judges to use their ICJ opinion writing to audition for jobs back in their home countries, and less reason for those reading court decisions to suspect that is going on. But the ICJ doesn’t currently have such a rule, and so Salam was able to make this overnight transition. That’s a shame, because for an international court to have any standing to deliver a legal opinion on a political controversy, it needs to be seen as completely impartial and above politics.
Salam concluded his separate declaration by stating that he has participated in the proceedings with the deep conviction that he is using law and justice to lay “the foundations for a just and enduring solution to a conflict that has lasted far too long.” But is the ICJ opinion truly a solution based on law and justice, or is it a list of politically-motivated demands designed primarily to resonate with the Lebanese public that he phrased in the language of law?
Salam’s abrupt transition gives us every reason to wonder. Israel and its supporters have yet another valid reason to believe that the international legal system has been rigged against it by politics. On top of that, the job of anyone who wants to promote reliance on impartial international justice is now even harder.
Shlomo Levin is the author of the Human Rights Haggadah, and he writes about legal developments related to human rights issues of interest to the Jewish community. You can find him at https://hrhaggadah.com/.
The post The International Court of Justice Ruled Against Israel; Then Its President Became PM of Lebanon first appeared on Algemeiner.com.
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Missle from Yemen Targets Dead Sea Area
Israeli Prime Minister Benjamin Netanyahu stands in front of an F-35 stealth fighter at the IAF’s Nevatim base, July 9, 2019. Photo: Amos Ben Gershom / GPO.
i24 News – The Israel Defense Forces said that a Houthi missile was intercepted outside of Israeli territory, although sirens blared in the eastern Negev and Dead Sea area. The Yemen-based, Iran-backed terrorist group said that they had targeted the Nevatim airbase.
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Iran Says ‘Extremely Cautious’ on Success of Nuclear Talks with US
US President Donald Trump’s Middle East envoy-designate Steve Witkoff gives a speech at the inaugural parade inside Capital One Arena on the inauguration day of Trump’s second presidential term, in Washington, DC, Jan. 20, 2025. Photo: REUTERS/Carlos Barria
Iran and the United States have agreed to continue nuclear talks next week, both sides said on Saturday, though Iranian Foreign Minister Abbas Araqchi voiced “extreme cautious” about the success of the negotiations to resolve a decades-long standoff.
US President Donald Trump has signaled confidence in clinching a new pact with the Islamic Republic that would block Tehran’s path to a nuclear bomb.
Araqchi and Trump’s Middle East envoy Steve Witkoff held a third round of the talks in Muscat through Omani mediators for around six hours, a week after a second round in Rome that both sides described as constructive.
“The negotiations are extremely serious and technical… there are still differences, both on major issues and on details,” Araqchi told Iranian state TV.
“There is seriousness and determination on both sides… However, our optimism about success of the talks remains extremely cautious.”
A senior US administration official described the talks as positive and productive, adding that both sides agreed to meet again in Europe “soon.”
“There is still much to do, but further progress was made on getting to a deal,” the official added.
Earlier Omani Foreign Minister Badr Albusaidi had said talks would continue next week, with another “high-level meeting” provisionally scheduled for May 3. Araqchi said Oman would announce the venue.
Ahead of the lead negotiators’ meeting, expert-level indirect talks took place in Muscat to design a framework for a potential nuclear deal.
“The presence of experts was beneficial … we will return to our capitals for further reviews to see how disagreements can be reduced,” Araqchi said.
An Iranian official, briefed about the talks, told Reuters earlier that the expert-level negotiations were “difficult, complicated and serious.”
The only aim of these talks, Araqchi said, was “to build confidence about the peaceful nature of Iran’s nuclear program in exchange for sanctions relief.”
Trump, in an interview with Time magazine published on Friday, said “I think we’re going to make a deal with Iran,” but he repeated a threat of military action against Iran if diplomacy fails.
Shortly after Araqchi and Witkoff began their latest indirect talks on Saturday, Iranian state media reported a massive explosion at the country’s Shahid Rajaee port near the southern city of Bandar Abbas, killing at least four people and injuring hundreds.
MAXIMUM PRESSURE
While both Tehran and Washington have said they are set on pursuing diplomacy, they remain far apart on a dispute that has rumbled on for more than two decades.
Trump, who has restored a “maximum pressure” campaign on Tehran since February, ditched a 2015 nuclear pact between Iran and six world powers in 2018 during his first term and reimposed crippling sanctions on Iran.
Since 2019, Iran has breached the pact’s nuclear curbs including “dramatically” accelerating its enrichment of uranium to up to 60% purity, close to the roughly 90% level that is weapons grade, according to the U.N. nuclear watchdog.
US Secretary of State Marco Rubio said this week Iran would have to entirely stop enriching uranium under a deal, and import any enriched uranium it needed to fuel its sole functioning atomic energy plant, Bushehr.
Tehran is willing to negotiate some curbs on its nuclear work in return for the lifting of sanctions, according to Iranian officials, but ending its enrichment program or surrendering its enriched uranium stockpile are among “Iran’s red lines that could not be compromised” in the talks.
Moreover, European states have suggested to US negotiators that a comprehensive deal should include limits preventing Iran from acquiring or finalizing the capacity to put a nuclear warhead on a ballistic missile, several European diplomats said.
Tehran insists its defense capabilities like its missile program are not negotiable.
An Iranian official with knowledge of the talks said on Friday that Tehran sees its missile program as a bigger obstacle in the talks.
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Palestinian Leader Abbas Names Likely Successor in Bid to Reassure World Powers
Palestinian Authority President Mahmoud Abbas attends the World Economic Forum (WEF) in Riyadh, Saudi Arabia, April 28, 2024. Photo: REUTERS/Hamad I Mohammed
Palestinian President Mahmoud Abbas named close confidant Hussein al-Sheikh as his deputy and likely successor on Saturday, the Palestine Liberation Organization said, a step widely seen as needed to assuage international doubts over Palestinian leadership.
Abbas, 89, has headed the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) since the death of veteran leader Yasser Arafat in 2004 but he had for years resisted internal reforms including the naming of a successor.
Sheikh, born in 1960, is a veteran of Fatah, the main PLO faction which was founded by Arafat and is now headed by Abbas. He is widely viewed as a pragmatist with very close ties to Israel.
He was named PLO vice president after the organization’s executive committee approved his nomination by Abbas, the PLO said in a statement.
Reform of the PA, which exercises limited autonomy in the West Bank, has been a priority for the United States and Gulf monarchies hoping the body can play a central role in resolving the Israeli-Palestinian conflict.
Pressure to reform has intensified since the start of the war in Gaza, where the PLO’s main Palestinian rival Hamas has battled Israel for more than 18 months, leaving the tiny, crowded territory in ruins.
The United States has promoted the idea of a reformed PA governing in Gaza after the war. Gulf monarchies, which are seen as the most likely source of funding for reconstruction in Gaza after the war, also want major reforms of the body.
CALL FOR HAMAS TO DISARM
Israel’s declared goal in Gaza is the destruction of Hamas but it has also ruled out giving the PA any role in government there. Israeli Prime Minister Benjamin Netanyahu has said he opposes the creation of a Palestinian state.
Hamas, which follows a militant Islamist ideology, has controlled Gaza since 2007 when it defeated the PA in a brief civil war after winning an election the previous year. It also has a large presence in the West Bank.
At a meeting of the PLO’s Central Council on Wednesday and Thursday that approved the position of vice president without naming an appointee, Abbas made his clearest ever call for Hamas to completely disarm and hand its weapons – and responsibility for governing in Gaza – to the PA.
Widespread corruption, lack of progress towards an independent state and increasing Israeli military incursions in the West Bank have undermined the PA’s popularity among many Palestinians.
The body has been controlled by Fatah since it was formed in the Oslo Accords with Israel in 1993 and it last held parliamentary elections in 2005.
Sheikh, who was imprisoned by Israel for his activities opposing the occupation during the period 1978-89, has worked as the PA’s main contact liaising with the Israeli government under Abbas and been his envoy on visits to world powers.
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