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The ICJ Advisory Opinion on the Israeli Wall - An International Law Analysis From the Law of Self-Defence Perspective

Fallegård, Sara (2008)
Department of Law
Abstract
This essay contains an analysis of the International Court of Justice's advisory opinion on the Israeli Wall and a comparison between this judgement and others from the Court regarding the right to self-defence. Moreover, State practice and doctrine on the subject will be evaluated. The wall, or the 'security fence', built by Israel on Occupied Palestinian Territory, has become the world's most controversial barrier since the Berlin Wall. The Israeli government insists that it is necessary in order to secure Israel from suicide bombers from the West Bank, but those affected by it say that it is destroying communities and playing into the hands of extremist groups. The conflict and controversies in the Middle East date several thousands... (More)
This essay contains an analysis of the International Court of Justice's advisory opinion on the Israeli Wall and a comparison between this judgement and others from the Court regarding the right to self-defence. Moreover, State practice and doctrine on the subject will be evaluated. The wall, or the 'security fence', built by Israel on Occupied Palestinian Territory, has become the world's most controversial barrier since the Berlin Wall. The Israeli government insists that it is necessary in order to secure Israel from suicide bombers from the West Bank, but those affected by it say that it is destroying communities and playing into the hands of extremist groups. The conflict and controversies in the Middle East date several thousands years back&semic hence, it is an extremely difficult situation with no easy answers or solutions. Consequently, when the ICJ was asked to deliver an advisory opinion about the wall, the Court was faced with a question that, whatever the outcome, would be of interest for and upset not only the population in the region in question, but also international organisations and States and governments all round the world. On July 9, 2004, the Court rendered its advisory opinion on this matter. The advisory opinion was initiated by the United Nations General Assembly that at its Tenth Emergency Special Session in December, 2003, adopted resolution ES-10/14 in which they requested the ICJ for an advisory opinion. The question involved the legal consequences, which arose from the construction of the wall, also considering relevant laws and regulations of international law. One of Israel's main arguments for why the wall was not in contradiction of international law was their claim for acting in self-defence. This argument was, however, quite hasty dismissed by the Court. In the aftermath of the advisory opinion there has been much debate on the judgement, and about the self-defence issue in particular. Many critical voices have been heard both in favour of and against the Court's judgement. The question however remains, is there a new tendency to be seen in the Court's ruling? Furthermore, is it possible to unite the Court's view with today's State practise? One may wonder whether there is need for a draft Declaratory Resolution on self-defence, in order to bring clarity to one of the most fundamental concepts of international law. This question, and many others, will be dealt with in this essay. (Less)
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author
Fallegård, Sara
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Folkrätt
language
English
id
1557431
date added to LUP
2010-03-08 15:55:21
date last changed
2010-03-08 15:55:21
@misc{1557431,
  abstract     = {This essay contains an analysis of the International Court of Justice's advisory opinion on the Israeli Wall and a comparison between this judgement and others from the Court regarding the right to self-defence. Moreover, State practice and doctrine on the subject will be evaluated. The wall, or the 'security fence', built by Israel on Occupied Palestinian Territory, has become the world's most controversial barrier since the Berlin Wall. The Israeli government insists that it is necessary in order to secure Israel from suicide bombers from the West Bank, but those affected by it say that it is destroying communities and playing into the hands of extremist groups. The conflict and controversies in the Middle East date several thousands years back&semic hence, it is an extremely difficult situation with no easy answers or solutions. Consequently, when the ICJ was asked to deliver an advisory opinion about the wall, the Court was faced with a question that, whatever the outcome, would be of interest for and upset not only the population in the region in question, but also international organisations and States and governments all round the world. On July 9, 2004, the Court rendered its advisory opinion on this matter. The advisory opinion was initiated by the United Nations General Assembly that at its Tenth Emergency Special Session in December, 2003, adopted resolution ES-10/14 in which they requested the ICJ for an advisory opinion. The question involved the legal consequences, which arose from the construction of the wall, also considering relevant laws and regulations of international law. One of Israel's main arguments for why the wall was not in contradiction of international law was their claim for acting in self-defence. This argument was, however, quite hasty dismissed by the Court. In the aftermath of the advisory opinion there has been much debate on the judgement, and about the self-defence issue in particular. Many critical voices have been heard both in favour of and against the Court's judgement. The question however remains, is there a new tendency to be seen in the Court's ruling? Furthermore, is it possible to unite the Court's view with today's State practise? One may wonder whether there is need for a draft Declaratory Resolution on self-defence, in order to bring clarity to one of the most fundamental concepts of international law. This question, and many others, will be dealt with in this essay.},
  author       = {Fallegård, Sara},
  keyword      = {Folkrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {The ICJ Advisory Opinion on the Israeli Wall -  An International Law Analysis From the Law of Self-Defence Perspective},
  year         = {2008},
}