Abstract
At this stage of internationalsocialdevelopment, the answer to the aforementioned question cannot be provided solely by municipallaw. Internationallawand its rules must provide some of the answers. Some of these rules, which have been adopted from municipallaw, namely "the principle of democracy", which is one of generalprinciples oflawhas been embodied in Article 38 of the ICJ's Statute as a source of internationallaw.
The principle of democracy, as a generalprinciple oflaw, has the same implication and application in the two systems of municipaland internationallaw. The preservation of the principle of democracy in one system by a state leads inevitably to the preservation of the same principle in the other system oflaw. As a criterion, the application of the principle of democracy to theIsrael's legalsystem has emphasized the fact that this legalsystem is not a fully-fledged democratic system as hasalways been claimed; on the contrary, it is an ethnic and religious democracy.
This fact is evident in the Israeli government practices whether with regards to the application of the equality of rights between its population – Jewish and Arabs, or the infringement by the Israeli Government of the right of self-determination of the Arab Palestinian people of the 1967 occupied territories. The international humanitarian law infringements, however, puts the onus of responsibility on Israel which enables the application of the international law by the international community in order to force Israel to preserve equality and to allow the Palestinian people to establish an independent state
Recommended Citation
Al-Rashidi, Medwis Fallah
(2009)
"Is Israel a Democratic State which Preserves International Law As a Law? International Law as Criterion For the Practice of Democracy,"
UAEU Law Journal: Vol. 2009:
No.
38, Article 2.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2009/iss38/2