Advisory Opinion: Separation Barrier - Illegal
| The International Court of Justice (ICJ), has rendered Friday its Advisory Opinion in the case concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (request for advisory opinion).
In its Opinion the Court addressed issues of Jurisdiction and Propriety and the merits of the Case.
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In its Opinion, the Court finds unanimously that it has jurisdiction to give the advisory opinion requested by the United Nations General Assembly and decides by fourteen votes to one to comply with that request.
The Court responds to the question as follows:
• “A. By fourteen votes to one,
The construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated règime, are contrary to international law”;
• “B. By fourteen votes to one,
Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto, in accordance with paragraph 151 of this Opinion”;
• “C. By fourteen votes to one,
Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem”;
• “D. By thirteen votes to two,
All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction; all States parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention”;
• “E. By fourteen votes to one,
The United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall and the associated règime, taking due account of the present Advisory Opinion.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory - ADVISORY OPINION of July 9th 2004
Background
On 8 December 2003, the General Assembly of the UN adopted Resolution A/RES/ES-10/14, which requested the International Court of Justice (ICJ) to urgently render an advisory opinion on “what are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territories, 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”.
All written statements were submitted to the Court by January 31st. Public Hearings were held from 23 to 25 February 2004. Israel did not take part in the hearings, it did, however transmit to the Court its written statement, in which it challenged the Court’s competence to render an opinion on this issue.
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