Diagnosing the Role of Erga Omnes and Ubi Societas, Ibi Jus

in Achieving Peace in the Israel-Palestine Conflict

Introduction
The Israel-Palestine conflict has persisted for decades and remains one of the most
significant and ongoing sources of tension in the international community. As efforts to find
a lasting solution continue, it is essential to examine the potential impact of principles such
as erga omnes (towards all) and ubi societas, ibi jus (where there is society, there is law) on
facilitating a more peaceful resolution to the conflict. This diagnostic paper aims to analyze
the application and effectiveness of these principles in promoting peace and stability in the
Israel-Palestine conflict.

First is about the Erga Omnes and Its Impact regarding on Promoting Responsibility to
Protect. We are all aware that the principle of erga omnes emphasizes the duty of all states
to protect basic human rights. Despite this principle, there have been human rights
violations during the Israel-Palestine conflict, such as the demolition of Palestinian homes by
Israeli authorities though they send a warning to Gaza, but the time interval of Israel’s attack
will not be sufficient for the civilian in Gaza to evacuate. On the other hand the Palestinians
indiscriminately attacks Israel by rockets which at that time Jews in Israel just preparing for
Simchat Torah after the end of Sukkot. This indicates a gap between theoretical
commitments and practical implementation. With the proper application on the
Responsibility to Protect, both country will provide counter-measures to prevent casualties
within the civilians and their country itself.
Second one under the Erga Omnes and its Impact regarding on Ensuring
Accountability. We know that Erga omnes also underscores the importance of holding states
accountable for their actions. However, challenges arise regarding the enforcement of
accountability. The United Nations and other international bodies have condemned actions
by both Israel and Palestine, Although both countries have been criticized for their actions,
the absence of a robust enforcement mechanism has limited the accountability for
violations. Like for instance, Israeli settlements in the occupied territories continue to
expand despite being deemed illegal under international law. This proves that there is still a
loopholes applying Accountability. To ensure accountability, International law must provide
specific, detailed and broader rules about it. This is to provide and apply the condemnation
of countries action within the right procedure that approved by the International
community.
Lastly is concerned on Promoting Dialogue and Negotiations. Erga omnes also
underscores the significance of peaceful resolution and dialogue. While diplomatic efforts,
such as the Oslo Accords and various peace initiatives, have been undertaken, they have not
achieved a sustainable resolution. Political stalemates, the presence of extremist elements,
and the lack of trust between parties hinder the success of dialogue and negotiations. Since
the Palestine seeks to “regain all of historic Palestine from the river to the sea “ meanwhile
the Israel conducts status quo “current situation of two-state solution”. Without deep
negotiation that meets both countries interest, there will be no peace. The failure to
achieve a lasting resolution is evident in the periodic outbreaks of violence and the lack of
significant progress in negotiations. It is important to have a firm negotiation in which both
countries will gain their both interest without any casualties or disagreements.

In terms of Ubi Societas, Ibi Jus and Its Impact we should consider on how we Strengthen
International Law. In Ubi societas, ibi jus emphasizes the importance of a legal framework in
regulating state relations. International law, including the United Nations Charter and the
Geneva Conventions, provides guidelines for behavior during conflicts. However, the Israel-
Palestine conflict has witnessed frequent violations of international law, such as settlements
construction or rocket attacks, casting doubt on the efficacy of international legal
mechanisms. Though the International Law strongly condemn the Israel and the Palestine,
yet they can not apply an immediate response to stop the conflict, which gives the
connotation that International Law failed to prevent the conflict. Thus, this shows that
International Law needs to strengthen the effectiveness of applying the Law.
On the other hand, we also need to Strengthen International Institutions, since Ubi
societas, ibi jus encourages cooperation through international institutions like the United
Nations. While these institutions play a vital role in addressing the Israel-Palestine conflict,
their effectiveness is limited by political divisions and the influence of powerful actors , since
Palestine disagree with its affiliation with the United States. The veto power of the United
States in the UN Security Council has hindered meaningful action, leading to frustration and
a perception of bias among certain parties.

Conclusion
While the principles of erga omnes and ubi societas, ibi jus provide a theoretical framework
for promoting peace and stability in the Israel-Palestine conflict, several challenges hinder
their effective implementation. Political impasses, a lack of trust, and a need for stronger
enforcement mechanisms pose significant obstacles to achieving a peaceful resolution.
Addressing these challenges requires concerted efforts from the international community,
including active engagement, promotion of dialogue, and justice-seeking. By tackling these
issues head-on and sustaining commitment to these principles, a more peaceful
international community can be fostered.

Links and References :

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