UDK 94:323.13
Author
Seyyed Mohammad Bāqer Amīriyān
Abstract
According to the words of prof. Herbert Hart, international law has two groups of rules. The first one is consisted of the basic rules (contractual rules), and the other one comprises of the secondary rules (rules of responsibility). Whenever we are speaking of the international stage, secondary rules are very hard to enact. This happens in cases when, in a certain legal issue, countries deem irrelevant the enaction of basic rules (or when there is a court case between two countries regarding the basic rules and the parties involved are not willing to change their contracts), which is when even the application of international responsibility becomes hindered (secondary rules). Precisely speaking, the case between the Palestine and Israel is to be situated within the said context. No contracts for resolving of the crisis have been signed by neither of the both sides, nor does the international community recognize the responsibility of Israel, although this was the issue delved upon by the International Court of Justice, Council of Security and the General Assembly of UN. This paper is precisely analyzing the sphere of international law connected to the case of Israel and Palestine, as well as the effects of applying the international law
Key words
international law, Palestine, Israel, sovereignty, international instances
URL: /en/international-law-and-the-case-of-israel-and-palestine/