Extra-Territoriality and Solidarity

Authors

Vasuki Nesiah

Abstract

Bhupinder Chimni calls for a subaltern internationalism that stands in contrast to and challenges extraterritorial jurisdiction by imperial and capitalist forces. We have a productive instantiation of subaltern internationalism in the jurisprudence on jus standi at the International Court of Justice.1 A sovereign that is not the injured party may still legitimately represent injured peoples if the representation is grounded in a commitment to those peoples’ self- determination; the court’s admissibility jurisprudence has come to recognize this commitment as a legitimate erga omnes partes claim. Its most recent and spectacular expression was South Africa’s representation of Palestinians with a genocide claim against the state of Israel. The spirit of subaltern internationalism inheres not in the decision of the court but in the sweeping support for these claims across the global south. The critical force is not just the support of other states; after all, postcolonial states have themselves inherited and reinforced some of the rules of world-making forged by colonialism and capitalism. Rather, and more importantly, the spirit of subaltern internationalism inheres in the support of the genocide claims by thousands of civil society organizations from across the globe and tens of thousands of people marching in protests around the world. The vision of self-determination in this powerful left internationalist spirit challenges the political horizon of the post- colonial nation state. As the popular protest slogan heard on the streets across the world goes: “In our thousands, in our millions, we are all Palestinians”.

Recommended Citation

Nesiah, Vasuki (2024) "Extra-Territoriality and Solidarity," National Law School of India Review: Vol. 35: Iss. 2, Article 13.
DOI: 10.55496/VMOY7890
Available at: https://repository.nls.ac.in/nlsir/vol35/iss2/13

Digital Object Identifier (DOI)

10.55496/VMOY7890