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TG-IR -ISREAL PALASTINE CONFLICT

The current Israel-Gaza war showed that the rule-based international order does not
necessarily work when great power rivalry and geopolitical interests are at work. Discuss the
root of the problem and the best possible options available to maintain international order.
Introduction
The rules-based international order as we know it today is predicated on a system of laws, rules,
and norms, and it has underpinned international interactions since the formal establishment of the
United Nations in 1945. Whether its overall influence is positive or negative continues to be
predicated on the actions of the members of the international community, but one cannot fully
influence what states does in the international system.

Because there is no overarching enforcement authority, it is incumbent upon the members of the
international community themselves to work together in establishing the rules and upholding them.
This is why so many governments talk about reinforcing the rules-based international order: it is
their responsibility to mitigate threats to the global ecosystem that can negatively impact countries
across the world.

The failure of the international community to enforce a rules-based order and hold all parties
accountable for their actions has allowed violations of international law, human rights abuses, and
violations of humanitarian law to continue unchecked. This lack of accountability has perpetuated
a cycle of violence and undermined efforts to reach a lasting peace in many conflict zones like in
the Israel -Palestine conflict.
The Israel -Palestine conflict is one of the most enduring conflict in contemporary times and it
effectively demonstrate the failures of the rule based international order. Since the establishment
of the Jewish State of Israel in 1948 and its progressive occupation and suppression of Palestine,-
several UN resolutions and litigations on the ICC were instituted but failed to address the problem
to date. This essay will give an overview of the concept of Rule Based International Order, the
root causes of the failure of states to abide to the International Law, options available to maintain
international order before a conclusion is made.

Overview of the Rule Based International Order

There is no shortage of international laws, rules, and norms, as well as organizations that oversee
them, but since 1945, it has all centered on the United Nations and its charter. UN member states
interaction are governed by rules and norms enshrined in The UN Charter, Universal Declaration
of Human Rights, UN Security Council Resolutions, UN General Assembly Resolutions,
International conventions (e.g., the Geneva conventions), International agreements (non-treaty
level ceasefire agreements, framework agreements, joint declarations, etc.) an International Court
or tribunal rulings among others. To date,193 countries have acceded to the UN Charter as member

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states, declaring their wish to be part of the community of nations. As part of the deal, they are
obliged to follow the fundamental principles and provisions that extend from that charter.
The UN Responsibility to Protect (R2P) article was adopted by the United Nations General
Assembly at the 2005 World Summit. It aims to prevent genocide, halt war crimes, end ethnic
cleansing, and stop crimes against humanity. R2P emphasizes that sovereignty is not absolute and
states have a responsibility to protect their populations. When states fail, the broader international
community must intervene. R2P aims to bridge the gap between international obligations and the
reality faced by populations at risk of atrocities, defending common humanity and preventing mass
violence.

Root Causes of failure of International Rule Based Order

Great power rivalries and geopolitical interests has significantly impacted the observance of rule
based international order and the upholding of the international law in particular. The Israel-Gaza
conflict clearly elaborates the failure of the international efforts to maintain peace. The
involvement of various great powers, including the United States, Russia, and to some extent,
China and some regional superpowers like Iran and Saudi Arabia, has complicated the conflict
dynamics. These powers have their own geopolitical interests in the Middle East, such as strategic
alliances, access to natural resources, and the projection of influence. This involvement often
prioritizes these interests over the pursuit of a peaceful resolution to the conflict, leading to
challenges in achieving sustainable peace.

The United States has long been Israel’s ally and its leading security collaborator because the
United States supports the existence of a Jewish state. During the Cold War, many U.S. defense
strategists saw Israel as the best partner in the fight against Soviet influence in the Middle East,
and it later proved to be a strong contributor to U.S. counterterrorism efforts.
Kali Robinson (2023) reported Israel remains the United States most important strategic ally in the
Middle East. Both countries expressed concern about Iran's nuclear aspirations and its support for
Islamic extremist groups, particularly Hezbollah and Hamas in Lebanon. Because of this shared
interest, the United States is committed to protecting Israel's military supremacy from any alliance
of national enemies in the area. According to the provisions of the law, it is the duty of the US
government to ensure that any arms sales made to other countries in the Middle East do not affect
Israel's qualitative military advantage against military threats that Israel does not face.

Historically, China has been associated with the Palestinian cause, reflecting its Cold War support
for the national liberation movement. Today, China's interest in Israel exceeds that of the
Palestinians. China-Israel trade was about 70 times greater than that between China and Palestine
in 2017. In addition, Israel's economy and high-tech state offer a higher return for Chinese

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investment than for the Palestinians. In fact, the recently proposed China-Palestine FTA is likely
to be more symbolic than real.

"Russia benefits from an increase in the price of oil which will result from this war," said Markov.
"(And) Russia benefits from any conflict that the U.S. and EU have to devote resources to because
it reduces resources for the anti-Russian regime in Ukraine. "Alex Gabuev, director of the Carnegie
Russia Eurasia Center, said he believed Moscow had tilted its Middle East policy because of the
war in Ukraine. My explanation is it's because the war is becoming the organising principle of
Russian foreign policy and (because of) ties with Iran, which brings military materiel to the table.
The central Russian war effort is more important than, for example, the relationship with Israel."

One of the root causes of the Israel -Palestine conflict is colonial legacy. The creation of the state
of Israel at the instigation of Britain through the Balfour Declaration of 1917 set the stage for a
sustained conflict up to date. It must be noted that The Jews and Arabs were leaving together side
by side though the Arab Palestinians constituted the majority of the population. The competition
of influence between the French and the British after the defeat of the Ottoman Empire influenced
the British to seek it permanent presence in the region through the formation of the State of Israel
in order to block French influence in the region. Had it not been the influence of imperial
antagonism, it was possible to have a cosmopolitan state in the contested region with Israel Jews
and Arab Palestinians leaving together in peace.

Rule based international order is primarily premised on the observation of international law as
enshrined in The United Nations and other international conventions and treaties. The
establishment and promulgation of such mechanisms were to some extent meant to address the
anarchic nature of the international system. The state system initials that the state is not answerable
to any superior authority and the UN charter and other regional groupings observe the principle of
none interference in affairs of a state. The selective support of the application of the International
Law is also creating problems in reaching a peaceful settlement of conflict. IL must be applied
equally. There was great concern of sovereignty when Russia invaded Ukraine but the same notion
is not being applied in the case of illegal occupation of Palestinian territory. It can be argued that
the current structure of the UN especially the UNSC has been problematic in resolving conflict.
The arrangement of having super powers with veto power have isolated none members of the
council to meaningfully contribute to global peace effort.

An international agreement known as the Genocide Convention formalises the crime of genocide.
The Genocide Convention, initially made accessible to signature in 1948 and afterwards ratified
or joined to by over 150 States, retains the distinction of being the initial human rights convention
approved by the United Nations. Its adoption provided the foundation for subsequent human rights

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accords. On 29 December 2023, South Africa initiated legal action against Israel in the
International Court of Justice (ICJ), alleging that Israel has violated its responsibilities under the
UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide
Convention). Additionally, South Africa submitted an initial request for temporary measures. After
conducting public hearings, the Court issued an order on 26 January 2024 to indicate the
implementation of temporary measures.According to the ICC's ruling, an occupying army is not
allowed to provide a justification for self-defense. At present, 54 nations have submitted their cases
to the International Court of Justice regarding Israel's occupation of Palestine. As of the present
day, Israel has demonstrated non-compliance with the International Criminal Court's verdict and
persists in its aggressive actions towards Gaza without producing substantial repercussions.The
failure of the UN to revoke the R2P inorder to protect the people of Gaza also reflects on the
failures of the international community to maintain global peace and security.

Solutions to Maintain International Order

To ensure maintenance of rule based international order, there is primary need to review
mechanisms which are in place to ensure compliance. Currently the structure of the UN has
projected failure to ensure adherence to International Law with the Israel -Palestine conflict as an
example. The use of the veto power in support of Israel by the US have made it difficult for the
international community to coarse Israel into compliance with the International Law as enshrined
in the UN Charter. The UNSC should be restructured to represent all the regions of the world and
also do away with veto power and make decision based on majority consensus.

It is suggested that rulings of the International Courts and Tribunals like the ICJ and the ICC must
be domesticated by member states to allow none state actors and individuals access to justice if
they feel that those responsible to take decision on their behalf comply with International Law.
The case was a domestic court ruled against the supply of jet fighters to Israel after approaching a
Dutch court is a classic example.

There is also need to strengthen regional mechanisms to resolve conflict. Usually there is a greater
possibility that states in the same region without interference from other powers can effectively
resolve conflict in their region. Usually states in the same region share common cultures, values
and identities which may discourage them to engage into armed conflict. The peaceful coexistence
of ASEAN,SADC and EU states reflect the importance of regional groupings in conflict resolution.

Conclusion

The intertwining of great power rivalries, geopolitical interests, and the failure to uphold
international norms and laws has complicated international efforts to manage conflict like the
Israel-Gaza conflict and address its root causes. To navigate these challenges and work towards

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peace, it is essential for the international community to engage in multilateral diplomacy,

strengthen international norms and laws, invest in conflict mediation and peacebuilding initiatives,
provide humanitarian assistance, explore regional security arrangements, support economic
development and reconstruction, and promote public diplomacy and people-to-people initiatives.
By addressing these complex dynamics and working towards a comprehensive and inclusive
approach, progress can be made towards resolving the Israel-Gaza conflict and maintaining
international order in the region.

References:

Avi Shlaim in Wm. Roger Louis, ed., Yet More Adventures with Britannia: Personalities, Politics
and Culture in Britain, London, I. B. Tauris, 2005, pp. 251-270

TOI Staff and agencies, “China pledges $15 million to Palestinians amid major push for Mideast
influence,” Times of Israel, 10 July, 2018, https://www.timesofisrael.com/china-pledges-15-
million-to-palestinians-amid-major-push-for-mideast-influence/[accessed 15 March 2019]; Laura
Zhou, “China pledges US$23 billion in loans and aid to Arab states as it boosts ties in Middle
East,” South China Morning Post, 10 July, 2018, https://www.scmp.com/news/china/diplomacy-
defence/article/2154642/china-pledges-us23-million-loans-and-aid-arab-states-
it [accessed 15 March 2019].

Sean Byrne and Jessica Senehi, Violence: Analysis, Intervention, and Prevention, Athens, OH,
Ohio University Press, 2012.

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John Galtung, Theories of Peace: A Synthetic Approach to Peace Thinking, International Peace
Research Institute, Oslo, 1967.

Edward Said, “The Morning After,” London Review of Books, 15 (20), 1993, 3-5.

Palestine-Israel Journal, “What’s in it for the Palestinians?” 1 (1),

1994, http://www.pij.org/articles/770 [accessed 17 May 2019].

John Mearsheimer, “The U.S. Should Act as an Honest Broker,” Palestine-Israel Journal, 15 (2),
2008, 147-152.

Chen Yiyi, “China’s Relationship with Israel, Opportunities and Challenges: Perspectives from
China,” Israel Studies, 17 (3), 2012, pp. 1-21.

https://www.diakonia.se/ihl/news/icj-questions-answers-contentious-proceedings-southafrica-
israel-genocide-convention/

https://www.chathamhouse.org/2023/11/war-gaza-aligning-russia-against-israel

https://www.reuters.com/world/russias-putin-sees-political-economic-upside-israels-war-with-
hamas-2023-11-17/
https://asiatimes.com/2023/10/how-middle-powers-can-impact-the-israel-palestine-conflict/

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