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Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories

Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied... 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Law FORUM du droit international (continued in International Community Law Review) Brill

Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-9036
eISSN
1571-8042
DOI
10.1163/1571804042341839
Publisher site
See Article on Publisher Site

Abstract

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

Journal

International Law FORUM du droit international (continued in International Community Law Review)Brill

Published: Jan 1, 2004

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