On the law – Muriel Kalisch interviewing Theodor Meron in Der Spiegel:

‘DER SPIEGEL: Mr. Meron, last November, the International Criminal Court (ICC) issued an arrest warrant for Israel’s Prime Minister Benjamin Netanyahu. Friedrich Merz, soon to become Germany’s chancellor, announced that he would still allow Netanyahu to visit Germany. What do you think about that statement? Meron: If Mr. Merz wants to avoid the embarrassment of arresting individuals for whom warrants have been issued, he could simply ask them not to come to Germany. I believe in the rule of law. And I expect heads of state to act accordingly.’

(…)

‘DER SPIEGEL: When the arrest warrants were issued, Benjamin Netanyahu accused the ICC of anti-Semitism. What do you think of these accusations? Meron: Israelis often feel they are being anti-Semitically discriminated against by international institutions. I wouldn’t work with Khan if I thought he was anti-Semitic or anti-Arab.’

(…)

‘DER SPIEGEL: The conflict in the Middle East seems more entrenched than ever. Do you still believe peace between Israelis and Palestinians is possible? Meron: It can only happen with a two-state solution, but at this point, only incurable optimists believe that might happen. The crimes committed by Hamas on October 7, 2023, make it very difficult for many in Israel to work toward peace. October 7 was one of the most barbaric attacks I have ever seen. Civilians, even children, were killed and tortured, women were raped, and hostages were taken. On the Palestinian side, the war that has reduced Gaza to rubble has led to a sharp rise in anti-Israeli sentiments.’

(…)

‘DER SPIEGEL: Prime Minister Eshkol ignored your assessment. Today, half a million settlers live in the West Bank. Could you have done more? Meron: At the time, I made it absolutely clear what the law was. That is the role of a legal adviser. Today, we often talk about right-wing parties supporting the settlement movement. However, the first settlements were established under a prime minister from the left-wing Labor Party, Avoda. But even I didn’t think the settlements would grow to this scale.’

(…)
‘DER SPIEGEL: In the 1980s, you gave up your Israeli citizenship. What is your connection today to the country you once served? Meron: I no longer have a close relationship with Israel. Most of my family lives in the United States. When you leave Israel, you become a black sheep. My criticism of its policies is well-known, and there are few people in Israel who agree with my position on the settlements, so I have little reason to return. If you’re a black sheep, you’re a black sheep. You can’t change that. And if I have to be the black sheep, so be it.’

(…)

‘DER SPIEGEL: The ICC’s arrest warrants for Netanyahu and Gallant and the International Court of Justice’s (ICJ) investigation into allegations of genocide in Gaza are already seen by many around the world as convictions. What does it mean for international justice when public opinion outpaces investigations? Meron: People have conflicting views about the purpose of international justice. Some think it should contribute to reconciliation and peace. Others believe judges should bring closure to victims. Victims want redress and retribution. That’s not surprising; they have suffered terribly. They expect convictions and punishment. As a judge, you cannot let yourself be guided by external expectations. Otherwise, politics might as well decide. You must only be guided by the integrity of the law, fairness and due process. So far, we’ve largely succeeded in that.’

Read the article here.

‘We have achieved a great deal,’ Mr. Meron said.

International law might be slightly more than a dead letter. And perhaps our expectations were too high.

If you are black sheep you have to embrace it, embrace your inner black sheep.

Some conflicts can only peter out, but this might take decades, sometimes centuries, and the crimes committed before the petering out came to a final standstill are often enormous, the wounds difficult to heal.