Dec. 25, 2016
Re: Security Council Resolution 2334
…”The title of my post reflects my opinion on this situation. It is vile, it is hateful towards Israel, and it will generate some political/diplomatic problems in the form of BDS, etc. But it is not a legal headache in the way that some imagine:
This was passed under Chapter 6 of the Security Council and thus is not binding. Israel’s rights in Judea and Samaria and eastern Jerusalem are solid, and nothing the Security Council says changes this.
As to the fear that Israelis will now be hauled into the International Criminal Court, I spoke with Alan Baker, Director of the Institute for Contemporary Affairs at the Jerusalem Center and the head of the Global Law Forum. He calls these concerns “absurd”: There has, he says, been no juridical determination by the Court regarding the jurisdiction of the PA over land it does not control. Israel is not a member of the Court.”…