Great, and (surprisingly) complex question! There’s no consensus on this. Many academics, some countries and the UN International Law Commission say YES. But other countries and academics say NO. And the International Court of Justice has said YES but ONLY in cases of foreign occupation — not anytime/in any context. What do you think? :)
Well, seldom do questions of international law have any sort of consensus. If indeed the ILC has already confirmed that the right to self-determination is a peremptory norm, and Article 53 of the VCLT also pronounces itself on this (btw I'm of the view that the VCLT has already attained CIL status, thus it's binding on all UNSC members as well as the state of Israel), then actions being taken with regard to the future of Palestinians in Gaza should not manifestly deny them of their right to self determination.
It is as credible as a card shark in Vegas.
Love this!
Isn't the right to self-determination a jus cogens obligation?
Great, and (surprisingly) complex question! There’s no consensus on this. Many academics, some countries and the UN International Law Commission say YES. But other countries and academics say NO. And the International Court of Justice has said YES but ONLY in cases of foreign occupation — not anytime/in any context. What do you think? :)
Well, seldom do questions of international law have any sort of consensus. If indeed the ILC has already confirmed that the right to self-determination is a peremptory norm, and Article 53 of the VCLT also pronounces itself on this (btw I'm of the view that the VCLT has already attained CIL status, thus it's binding on all UNSC members as well as the state of Israel), then actions being taken with regard to the future of Palestinians in Gaza should not manifestly deny them of their right to self determination.
Valid argument!