The Transformation of Extralegal Principles into Legal Principles by the International Court of Justice in The Hague: Illustrated by a Peaceful Delimitation of «the Promised Land»

Abstract

Social norms are mixtures of extralegal and legal principles. The International Court of Justice‟ in The Hague‟s (ICJ) adjudication subtracts normative structures from different sources, moral, ethical, religious etc. dogmas amplifying its case law. The failing Israel-Palestine reconciliation that results from “power asymmetries” and “supreme emergency exception”, illustrates how absence of concomitant social norms fosters extremists destined to wage war. War is not the answer to the two-state talks‟ collapse but civilized methods of dispute settlement. Neither negotiations nor “Gods divine plan” for Jews has solved the Israel-Palestine boundary conflict. Prayers, pronouncements etc. may ease tensions, but has failed to bring peace. Since territorial demarcation is a secular event, religious leaders should request ICJ adjudication. Other peaceful mechanisms, i.a. ICJ-justification, is however imminent. The courts frames are well-known legal and extralegal principles i.a. religious morals incorporated into general principles of law. Thus, i.a. the World Council of Religious Leaders (WCRL) should trust that ICJ not only propels “world peace” but also the “work of the United Nations (UN) in our common quest for peace”. Such attainments assume Council‟s diplomatic pressure on Security Council (SC).