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"LEGAL CONSEQUENCES OF THE CONSTRUCTION OF A WALL IN THE OCCUPIED PALESTINIAN TERRITORY": A MISSED OPPORTUNITY FOR INTERNATIONAL HUMANITARIAN LAW?

"LEGAL CONSEQUENCES OF THE CONSTRUCTION OF A WALL IN THE OCCUPIED PALESTINIAN TERRITORY": A... 1. INTRODUCTION On 9 July 2004 the International Court of Justice (ICJ) rendered its Advisory Opinion on the legal consequences of the construction of what had been defined by the UN General Assembly as a wall in the Occupied Palestinian Territory (OPT).' I The Court clearly sanctioned the illegality of the wall and identified various legal consequences with respect to Israel, third States, the UN General Assembly and the Security Council.Z 2 The Opinion, which is giving rise to a heated debate, is divided into three parts.3 In the first the Court dealt with the preliminary issues of jurisdiction and propriety, which required extensive discussion in view of the legal objections that many participants in the proceedings had put forward.4 The second part concerns the identification and application of the substantive norms considered relevant to assess the legality of the construction of the wall. The legal consequences are quite concisely stated in the last part. Amongst the legal sources relied on by the Court, a major role is played by in- temational humanitarian law. The West Bank and East Jerusalem being considered almost unanimously occupied territories, reliance on the law of war comes as no surprise.5 Therefore, one http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

"LEGAL CONSEQUENCES OF THE CONSTRUCTION OF A WALL IN THE OCCUPIED PALESTINIAN TERRITORY": A MISSED OPPORTUNITY FOR INTERNATIONAL HUMANITARIAN LAW?

The Italian Yearbook of International Law Online , Volume 14 (1): 41 – Jan 1, 2004
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References (2)

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/221161304X00064
Publisher site
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Abstract

1. INTRODUCTION On 9 July 2004 the International Court of Justice (ICJ) rendered its Advisory Opinion on the legal consequences of the construction of what had been defined by the UN General Assembly as a wall in the Occupied Palestinian Territory (OPT).' I The Court clearly sanctioned the illegality of the wall and identified various legal consequences with respect to Israel, third States, the UN General Assembly and the Security Council.Z 2 The Opinion, which is giving rise to a heated debate, is divided into three parts.3 In the first the Court dealt with the preliminary issues of jurisdiction and propriety, which required extensive discussion in view of the legal objections that many participants in the proceedings had put forward.4 The second part concerns the identification and application of the substantive norms considered relevant to assess the legality of the construction of the wall. The legal consequences are quite concisely stated in the last part. Amongst the legal sources relied on by the Court, a major role is played by in- temational humanitarian law. The West Bank and East Jerusalem being considered almost unanimously occupied territories, reliance on the law of war comes as no surprise.5 Therefore, one

Journal

The Italian Yearbook of International Law Online – Brill

Published: Jan 1, 2004

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