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106 In the News / Actualité Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories STEN VERHOEVEN* On 9 July 2004, the International Court of Justice (ICJ) delivered its advisory opinion on the question put to it by the U.N. General Assembly, adopted under the Uniting for Peace Resolution, 1 regarding the legal consequences of the creation of a security barrier in the Occupied Palestinian Territories, including East-Jerusalem. 2 After approximately five months of deliberations, the Court held, by fourteen votes to one, that the construction of the wall violated international law, and it determined the consequences of this breach for Israel, for the other States of the international community, and for the United Nations. The first part of the opinion deals with the issue of the ICJ’s jurisdiction and the propriety of the advisory opinion. A significant number of Western States had indeed argued that it was improper to answer this request for an advisory opinion. Israel went one step further by stating not only that it would be improper to render an opinion, but also that the Court had no jurisdiction, since the U.N. General Assembly had acted
International Law FORUM du droit international (continued in International Community Law Review) – Brill
Published: Jan 1, 2004
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