Chapter

Separate Opinion of Judge Higgins Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory, Advisory Opinion

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0094
Separate Opinion of Judge Higgins Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory, Advisory Opinion

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Since 1948, Israel has been in dispute, first with its Arab neighbours (and other Arab States) and, in more recent years, with the Palestinian Authority. Both Israel’s written observations on these problems and the report of the United Nations Secretary-General, with its reference to the ‘Summary Legal Position’ of ‘each side’, attest to this reality. The International Court of Justice has regarded the special status of Palestine, though not yet an independent state, as allowing it to be invited to participate in these proceedings. The Court states that it ‘is indeed aware that the question of the wall is part of a greater whole, and it would take this circumstance carefully into account in any opinion it might give’. After its somewhat light treatment of international humanitarian law, the Court has turned to human rights law. The Court has also relied on a finding that Israel is in violation of the law on self-determination. This chapter discusses this case.

Keywords: International Court of Justice; Israel; Palestine; wall; humanitarian law; human rights law; self-determination

Chapter.  5311 words. 

Subjects: Public International Law

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