اجراءات التقاضي أمام محكمة العدل الدولية ( الحالة الفلسطينية نموذجا )
Date
2020-08-26
Authors
محمود محمد حسن أبو زاكية
Mahmoud Mohamad Hassan Abu Zakieh
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The world’s features seem to be moving towards change. It is clear that this move is confronting new regimes that we have not previously experienced, and will obliterate capitalism and socialism. Moreover, it will affect the balance of special powers, especially after the affliction that occurred on the countries in their quest to wage the biological wars and experience their outcomes. This will be reflected on the performance of the United Nations (UN) since its foundation, and will achieve the international legal dimensions and other benefits .
With this change, countries will adopt their duties before their rights to keep pace with the development of international organizations and their hastiness of relative sovereignty to overcome self-greed. Therefore, the UN must have expanded the modernization of a judiciary that cannot be anything, but universal .
There are different obstacles that stand in the face of international human rights law, the individual's legal position. Despite of their multiplicity, it appears that not all international courts have the same scope and jurisdiction, so we can see that they have ignored the centers of individuals, and adopted the centers of states and sovereignty instead. It should be noted that the opinion of the International Court of Justice (ICJ) in The Hague in 1949 regarding compensation for the injured individuals during their work at the United Nations has put an end to the state’s monopoly on being the locus of
international law, and accepted the United Nations to be an individual of the international law .
On the other hand, the Zionist lobby, assisted by the United States, is trying to eliminate the future of the Palestinian cause since the adoption of International Resolution (242) until this moment, which coincides with the transfer of the American embassy to Jerusalem and the imposition of a fait accompli for the Deal of the Century. This explains the challenges that will face the judiciary system of the International Court of Justice (ICJ), and the extent of the organization’s organs interference in its work, the matter that will affect its impartiality .
The development of the international law has opened the horizon for the Palestinian State to face the Israeli occupation since a war that lasted 72 years. This has enabled the Palestinian State to breath breathed a sigh of relief and gain the right to become a non-observer state by a resolution of the UN’s General Assembly in 2012 .
We seek to gain recognition from as much of the international community as possible which will support our position to maintain important issues in our case that affirm the Palestinian right, such as the right of return, the right to our capital, Jerusalem, the right of refugees and borders, and the right to self-determination.
As a result, countries had to adopt the international standards stipulated in the UN’s Charter and the Statute of the ICJ in conjunction with the Criminal Court’s report on its acceptance of its jurisdiction in the West Bank in confronting the war crimes committed by the Israeli occupation against the Palestinian people .
Consequently, we had to shed light on the path of Palestinian issues before the ICJ against America and Israel, especially at the time when Israel and America violate all international covenants, agree to implement the Deal of the Century and the annexation of the Palestinian territories. At the same time, we are on
the edge of a mysterious future that awaits the Palestinian state, and we believe in the court’s ability to support the Palestinian position again .
Despite what distinguishes the international community from the domestic legal system, it sill lacks an international legislator vis-a-vis countries, especially after recognizing Palestine in 2012 and joining international and human rights conventions .
Based on our belief in the ability of international courts, the international law still lacks the existence of the idea (the global constitution).