The Palestinian territories, under the Ottoman Empire's rule for 400 years, underwent a dramatic transformation with the Balfour Declaration of 1917. In 1948, Israel declared independence, becoming a new player in Middle Eastern and world politics. However, it should be noted that the process should be addressed as an Israeli problem rather than the Israeli-Palestinian problem. The reason for this must be that although the Palestinian state and its people exist in the region, they have been virtually ignored by Israel. Therefore, the Israeli problem has become one of the most critical problems in the Middle East, especially in the international arena, with the establishment of the State of Israel in 1948. This marked a significant shift that would reshape the region.

Until Oct. 7, Israel's expansion policies in the Palestinian territories were met with concerted efforts by the international community, particularly the United Nations, to be partially halted by U.N. resolutions. However, many of these resolutions were eventually eroded, mainly due to Israel's state policy of not recognizing U.N. resolutions.

Recognition of the State of Palestine

The Israeli expansion in Palestinian lands is also linked to the non-recognition of its state status. In simple terms, while the most necessary elements for the recognition of a state are territorial area, people and sovereignty, Palestine has yet to be recognized by all actors in the global system since 1988.

However, Palestine is caught between de facto and de jure diplomatic recognitions in the existing system. Although an official statement from the recognizing government is generally sufficient, today, 146 countries recognize Palestine, with the last four countries being Slovenia, Norway, Spain and Ireland. However, it is necessary to question whether this is diplomatic or legal because the United States, the United Kingdom, Germany and many other Western countries still do not recognize Palestine. Unfortunately, this non-recognition also brings about a U.N. Security Council veto. In other words, the dominant equal approach in world politics is not equal but hierarchical. In this case, the international system creates a space where what is happening in Gaza today is not seen in real politics.

The situation here should be read, especially with Israel's constant declaration of a safe zone and its attacks against Gaza civilians. We must recognize that human rights are paramount and should be universally acknowledged as jus cogens. Israel and other countries, particularly the U.S., do not recognize Palestine and appear to regard the civilians in this region as devoid of fundamental human rights. This dynamic gives rise to hierarchical interpretations. Then, does not every human being have rights because they are human? How can the right to life, the most important right of being human, be taken away from children, women and all the people of the region who are struggling to survive under bombs?

Unfortunately, the recognition of Palestine by 146 out of 193 countries around the world does not stop Israel's unjust attacks in the region. Recognizing the Palestinian state holds significant implications, reflecting adherence to the rules and ethics of warfare and a fundamental acknowledgment of humanity. Those who currently withhold recognition of the Palestinian state are, in essence, failing to recognize the inherent humanity of the Palestinian people.

Unstoppable Netanyahu

The conflict that began on Oct. 7 was initially viewed as a self-defense act and a war against Hamas by the Western world. However, later Israel was questioned by both other states and international public opinion: Is this conflict targeting Hamas or civilians? Unfortunately, some countries asked this question late or are still asking it. Israeli Prime Minister Benjamin Netanyahu in Israel drew parallels between these attacks and the Sept. 11 attacks, commonly known as 9/11, to justify them, reflecting a right-wing approach that also permeated domestic politics. The daily bombing of civilians in Gaza, confined to areas designated as safe zones, defies any reasonable explanation.

After a while, the global conscience was troubled by the escalating civilian massacres. This prompted individuals to take action through protests, as the state failed to do so. People initiated boycotts to stop the massacre caused by Israel directly. Thousands of individuals protested at universities in the U.S., appealing for sanctions to be imposed on Israel. However, today, despite the decisions of the International Court of Justice (ICJ) and International Criminal Court (ICC), Israel's attacks and massacre of civilians continue. What is the reason for this?

On Dec. 29, South Africa filed a lawsuit against Israel at the ICJ, claiming that it violated the 1948 U.N. Convention on the Prevention and Punishment of Genocide. In the injunction decisions announced on Jan. 26, the ICJ decided to immediately take measures to prevent Israel from committing the acts stipulated in Article 2 of the Genocide Convention.

In this context, the most critical issue was to prevent, thwart and punish those who called for genocide against Palestinians in Gaza. In addition, Israel would submit a report to the court about all measures taken within one month. Israel submitted this report. However, civilian deaths continued along with the report. It especially bombed the places it declared safe zones. People were killed with nowhere to go while also deprived of their right to food and shelter. The IDF again shot people waiting for airborne aid. In short, ICJ decisions were implemented in precisely the opposite way.

On the other hand, the arrest warrant issued by the ICC for Netanyahu and Defense Minister Yoav Gallant is essential. Chief Public Prosecutor Karim Khan had applied for an arrest warrant because they "committed crimes against humanity and were war criminals." However, following this application and decision, criticism from the U.S. and the U.K. was immediate.

The most striking issue is that in the context of Israel, Western criticism and subsequent threats have become evident. The most important indicator of this is that Chief Prosecutor Khan, after Netanyahu’s decision, said that some country leaders told him that the ICC was established for thugs like Russian President Vladimir Putin. Unfortunately, the war looks like it will last longer. Tzachi Hanegbi, the Israeli Prime Minister's national security advisor, clearly states that the conflict in Gaza is expected to continue for at least another seven months. Are we witnessing a Netanyahu and Israel that do not acknowledge international court rulings or the U.N.?