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Saturday, February 14, 2004

Israel Defying World Court Jurisdiction: Ball is Not in Your Court 



Israel decided yesterday that it will not participate in World Court hearings on the legality of the country's construction of a massive barrier separating Israeli and Palestinian population centers. The hearings, requested by the UN General Assembly, are scheduled to begin Feb. 23 at The Hague, in the Netherlands. (Getty Images)

In a defiant resolution, the Israeli government decided to sit out of the World Court hearings at the Hague, Netherlands on the legality of the Israeli Barrier in the West Bank dividing Israel from Palestine. Israel argues that the World Court, formerly known as the International Court of Justice, has no jurisdiction over such matters.

Unfortunately, the World Court's rulings lack the support and recognition of UN Security Council countries, which means its jurisdiction is not binding. The great majority of the rest of the world's nations, however, feel the World Court should have jurisdiction over such cases and consider the World Court to be an authority in such matters. Only time can tell what the attitude of the world will be towards the Court's upcoming decision. One would hope that the future ruling would be obeyed by all parties involved, but with such acts of defiance taking place before the actual hearing, one can easily speculate that Israel will not obey a sanction against its will unless it comes directly from the UN Security Council, and that Palestine would not acquiesce with a ruling against its best interests in the same manner.

Only when the World Court is granted binding judicial power by the UN will it be heeded by the world's power-wielding nations, and this can only happen if the UN Security Council approves it, as well as the creation of a world legislative body with binding legislative power and an executive body to enforce future legislation & rulings by such bodies. Such an approval, of course, would not be in the future best interest of those nations who hold veto power in the Security Council, because the World Court could, once the UN has been restructured to enforce rulings by the World Court, declare some of the Security Council's decisions to be unconstitutional (once a "World Constitution" has been drafted by a future world legislature--perhaps the UN General Assembly is its embryonic predecessor), and could even declare their veto powers unconstitutional to promote a more democratic decision-making process in the UN. Yes, I'm rambling... this post has a lot of speculation; we have a long ways to go before we even get to this point, but as the world's crying need for justice continues to grow, the UN will eventually be forced to grant this binding judicial and legislative power to their corresponding bodies in order to resolve disputes in a civilized and orderly manner without the defiance of proud and rogue nations which may take it upon themselves to enforce their own dictates unilaterally, thus leading to more war, violence and aggression, which is what the UN has been designed to be a deterrent of. In a nutshell, we're putting the cart in front of the horse (or rather, approaching a cart with no horse) by taking a dispute to a Court that does not have a legislative body to establish the parameters by which it is to rule, or an executive body to enforce its rulings. However, having a stationary cart before us with no horse to draw it does make us aware of the need to have a horse to draw it (and a conductor to guide it). End of rambling.

To close this post, a much more eloquent, concise quote on this subject from Shoghi Effendi, great-grandson of Baha'u'llah, who well over a century ago addressed the Kings and Rulers of the Earth, calling upon them to set aside their differences and establish a peaceful global commonwealth, and providing them with a blueprint for the establishment of such a golden global civilization:

"The unity of the human race, as envisaged by Bahá'u'lláh, implies the establishment of a world commonwealth in which all nations, races, creeds and classes are closely and permanently united, and in which the autonomy of its state members and the personal freedom and initiative of the individuals that compose them are definitely and completely safeguarded. This commonwealth must, as far as we can visualize it, consist of a world legislature, whose members will, as the trustees of the whole of mankind, ultimately control the entire resources of all the component nations, and will enact such laws as shall be required to regulate the life, satisfy the needs and adjust the relationships of all races and peoples. A world executive, backed by an international Force, will carry out the decisions arrived at, and apply the laws enacted by, this world legislature, and will safeguard the organic unity of the whole commonwealth. A world tribunal will adjudicate and deliver its compulsory and final verdict in all and any disputes that may arise between the various elements constituting this universal system. A mechanism of world inter-communication will be devised, embracing the whole planet, freed from national hindrances and restrictions, and functioning with marvellous swiftness and perfect regularity. A world metropolis will act as the nerve center of a world civilization, the focus towards which the unifying forces of life will converge and from which its energizing influences will radiate. A world language will either be invented or chosen from among the existing languages and will be taught in the schools of all the federated nations as an auxiliary to their mother tongue. A world script, a world literature, a uniform and universal system of currency, of weights and measures, will simplify and facilitate intercourse and understanding among the nations and races of mankind. In such a world society, science and religion, the two most potent forces in human life, will be reconciled, will cöoperate, and will harmoniously develop. The press will, under such a system, while giving full scope to the expression of the diversified views and convictions of mankind, cease to be mischievously manipulated by vested interests, whether private or public, and will be liberated from the influence of contending governments and peoples. The economic resources of the world will be organized, its sources of raw materials will be tapped and fully utilized, its markets will be cöordinated and developed, and the distribution of its products will be equitably regulated.

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