Resolution of The International Court of Justice Concerning the Wall Constructed by Israel

Abstract

This study analyses the advisory opinion given by the ICJ regarding the wall being constructed by Israel in the occupied territories. The Court has found that the wall, which is, according to Israel, being constructed due to security considerations regarding terrorist attacks of various Palestinian groups, is contrary to various principles and rules of international law. The basic justification of the decision is the fact that the wall is being constructed on areas which have the status of "occupied territories". The Court, which wasted the opportunity to assess the relationship between law and the struggle against terrorism, has also failed to deal sufficiently with the merits of the case although it dwelled on every objection of Israel regarding procedural matters. Although it is a quite apt judgement, the rather general and abstract conclusions regarding the merits of the case gave those who criticised the judgement some space to base their arguments. The Court should have given much more importance to its legal reasoning regarding concrete breaches of Israel.

Keywords

Israel, Palestine, International Court of Justice, United Nations, Middle East

Citation

Denk, Erdem, “Resolution of The International Court of Justice Concerning the Wall Constructed by Israel”, International Relations, Volume 1, Issue 3 (Fall 2004), pp. 151-173.

Affiliations

• Erdem Denk, Dr., Research Assistant, Ankara University, Faculty of Political Sciences, Department of International Law