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STUDY GUIDE

on the

INTERNATIONAL COURT of Justice

ADVISORY OPINION

on the ISRAELI WALL

(see below)

 

- ESSAYS -

on the

I.C.J ADVISORY OPINION

& INTERNATIONAL LAW

**under construction**

 

**DATABASE**

on

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(sortable by Keywords, Name, Date)

 

FULL TEXT

of the

ADVISORY OPINION

of the

International Court of Justice

on the Israeli Wall

STUDY GUIDES:

International Court of Justice Advisory Opinion on Wall
(see below)

GOTO: (U.N. Website) (International Court of Justice Website)


STUDY GUIDE TO THE ICJ ADVISORY OPINION ON THE ISRAELI WALL BEING BUILT IN PALESTINE
Table of Contents

General Assembly request for the Advisory Opinion - articles 1 - 12, 18 - 23 (text & notes)

ICJ jurisdiction - articles 13 - 17, 24 - 31, 65 (text & notes)
ICJ summary of its Advisory Opinion - article 163 (text & notes)
ICJ member judges voting on the Opinion- article 163 (text & notes)

International humanitarian law, applicability of - articles 86 - 101 (text & notes)

International human rights law, applicability of - articles 102 - 113 (text & notes)

Israeli opposition to ICJ ruling on the wall - articles 33 - 64 (text & notes)
Israeli settlements, violations of international law - article 99, 120 (text & notes)

Legal status of territories & East Jerusalem - articles 70 - 85 (text & notes)

Wall, legal consequences of - articles 144 - 162 (text & notes)
Wall, use of the term - article 67 (text & notes)
Wall, violation of international law - articles 115 - 142 (text & notes)


STUDY GUIDE: International Court of Justice Advisory Opinion on the Wall being built by Israel in the Occupied Palestinian Territories

This Advisory Opinion of the International Court of Justice sought to answer the following question asked by the United Nations General Assembly in their resolution ES-10/14, dated 8 Dec 2003, during their Tenth Emergency Special Session:
What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?

This document is very complete in that it contains within itself its own history, a brief history of the Palestinian/Israeli conflict as the greater context for this wall being built by the Israelis, a point-by-point description of Israel's efforts to convince the ICJ of the impropriety of issuing this Opinion, and more. The main sections of the Opinion are thus listed below with links to detailed notes and the relevant text of the Opinion. But in addition, you can read the full text of the Opinion by going HERE.

On the website of the International Court of Justice, you can read much more - statements by each Judge, and various important documents relevant to the Court's work on this issue.

On this website you can read articles fitting the Opinion of the Court into the wider context of International Law as it pertains to the conflict between Palestine and Israel.

But again, the Court covered many of the major issues of the conflict and international law within their ruling, as you can see from the list below. The most important of these points is (1) their confirmation that the Geneva Conventions IV (1949) are applicable to the occupation, (2) International Human Rights Law in general is applicable to the Israeli occupation, and that (3) the Israeli settlements and (4) annexation of East Jerusalem are clearly violations of international law, and that the latter is internationally recognized as null and void.

Finally, the Court reccommended legal consequences for building the wall that involved not just tearing down the wall, but paying full compensation for all damages suffered because of it, and reccommended that the General Assembly decide on further steps of enforcement, and requested the nations of the world not to support Israel's illegal programs, but to join together to bring them to an end.


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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

GOTO: (U.N. Website) (International Court of Justice Website)

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(C) Israel Law Resource Center, February, 2007.


 

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