CEU eTD Collection (2024); Dasgupta, Karno: Relations Of Cruelty And Rage: Theorizing Palestine, Israel, And The Liberal International Nomos At The Advisory International Court Of Justice

CEU Electronic Theses and Dissertations, 2024
Author Dasgupta, Karno
Title Relations Of Cruelty And Rage: Theorizing Palestine, Israel, And The Liberal International Nomos At The Advisory International Court Of Justice
Summary This essay develops a theoretical framework for understanding the normative stakes of international legal narration prompted by cruel acts. It centers passages from Palestine’s oral argument, as detailed in the verbatim record of the “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem” Advisory Opinion hearings at the International Court of Justice (March 2024). To contextualize the significance of Palestine’s narration, this argument traces the history of the liberal international community, the imperial pasts of its institutions, the distinction between legality and legitimacy in international law, and the role of ‘apt’ anger in the airing of grievances. Through this process, the essay reveals cruelty’s irresistible force in the liberal international legal arena—by implicating both the legal system and its normative universe, cruel acts raise the specter of not only a broken law but an illegitimate base. Palestine’s oral argument, which arises in such a gross situation, forces a structural, legitimacy-reckoning for the international legal system in toto. In this way, this case becomes a test for the very possibility of justice under the given liberal order.
Supervisor Christopher McIntosh
Department International Relations MA
Full texthttps://www.etd.ceu.edu/2024/dasgupta_karno.pdf

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