Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory

2004 I.C.J. 136 (2004)

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Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory

International Court of Justice
2004 I.C.J. 136 (2004)

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Facts

The border between Israel and Palestine was a source of ongoing conflict. In 2002, Israel occupied certain parts of Palestine land, meaning that under customary international law, the land constituted occupied territory, and Israel was the occupying power. Israel began building a wall along the West Bank and around East Jerusalem, claiming that it was necessary for protection from Palestinian attacks. The wall was to be located almost entirely in the Occupied Palestinian Territory, and there were limitations on Palestinians’ ability to come and go through the wall. Consequently, the wall was enclosing many Palestinians in isolated enclaves, and it would enclose more once completed. The United Nations (UN) General Assembly submitted a request to the International Court of Justice (ICJ) for an advisory opinion on the legality of Israel’s actions under international law. When responding to that request, the ICJ addressed its authority to issue advisory opinions and the extraterritorial application of human-rights laws.

Rule of Law

Issue

Holding and Reasoning (1)

Concurrence (Higgins, J.)

Dissent (Buergenthal, J.)

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