Gentian Zyberi

'Israel's right to exist': Is it a real issue?

There are many aspects of the conflict between Israel and the Palestinians in urgent need of legal scrutiny as part of a much-needed critical dialogue. One such issue is Israel’s claim towards Hamas to acknowledge that it has a ‘right to exist’. This claim has not only been uncritically taken on board by the Quartet. It has become one of the top conditions to be fulfilled by Hamas for receiving aid by the Quartet and other international donors. At the risk of stating the obvious, we argue that this position lacks any basis under international law and will serve no constructive political purpose in seeking to resolve the conflict. 

One year on: Governments have obligations to hold Israel to account

One year ago on 9 July 2004, at the request of the United Nations, the International Court of Justice in The Hague issued an Advisory Opinion on the legal consequences of Israel’s construction of a wall in the Occupied Palestinian Territories. But, the Court did not stop at Israel’s obligations. An overwhelming majority of the Court concluded that all states were obliged not to recognize the illegal situation Israel has created and to refrain from any financial support to Israel in maintaining the illegally constructed wall. Much remains to be done before States can be said to be in compliance with international law.