The Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (commonly known as the Israeli Wall advisory opinion) of 9 July 2004 is an advisory opinion issued by the International Court of Justice (ICJ) in relation to the Israeli West Bank barrier. The court responded to a request from the United Nations General Assembly of 10 December 2003 on the legal question under

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

of the Israeli West Bank barrier built by Israel that partially follows the Green Line boundary between Israel and the West Bank and partially enters into the

Israeli-occupied West Bank The Israeli occupation of the West Bank began on 7 June 1967, when Israeli forces captured and occupied the territory (including East Jerusalem), then occupied by Jordan, during the Six-Day War, and continues to the present day. The status of ...

. The barrier has been a controversial subject and a cause of heightened tensions in the

Israeli–Palestinian conflict The Israeli–Palestinian conflict is one of the world's most enduring conflicts, beginning in the mid-20th century. Various attempts have been made to resolve the conflict as part of the Israeli–Palestinian peace process, alongside other eff ...

. Israel argued that the barrier was necessary to keep out West Bank militants and avert more suicide attacks against its citizens. Israel began construction of the barrier during the

Second Intifada The Second Intifada ( ar, الانتفاضة الثانية, ; he, האינתיפאדה השנייה, ), also known as the Al-Aqsa Intifada ( ar, انتفاضة الأقصى, label=none, '), was a major Palestinian uprising against Israel. ...

in September 2000, along and exceeding beyond the 1949 Green Line. In its non-binding opinion, the Court found that the barrier violates international law and should be torn down. The vote of the justices was 14 to 1, with

Thomas Buergenthal Thomas Buergenthal (born 11 May 1934, in Ľubochňa, Czechoslovakia, today Slovakia) is a renowned international lawyer, scholar, law school dean, and former judge of the International Court of Justice (ICJ). He resigned his ICJ post as of 6 S ...

dissenting. The judgement was invoked in November 2006 by

Al-Haq Al-Haq () is an independent Palestinian human rights organization based in the city of Ramallah in the West Bank. Founded in 1979, Al-Haq monitors and documents human rights violations committed by parties to the Israeli–Palestinian conflict ...

, a Palestinian human rights group, which brought a case in the UK Court of Appeal against the British government to end export licences to Israel to "secure the implementation of the July 2004 CJAdvisory Opinion on Israel's Wall". The case was dismissed in November 2008. The judgement was also referred to in

United Nations General Assembly Resolution 66/225 The United Nations General Assembly Resolution 66/225 of 22 December 2011 was a resolution in which the United Nations General Assembly reaffirmed the right of the Palestinian people and of the population of the occupied Golan Heights over their ...

of 22 December 2011.

References

External links

General Assembly resolution ES-10/14 of 12 December 2003

International Court of Justice, Order of 19 December 2003

International Court of Justice, Order of 30 January 2004

International Court of Justice, Advisory Opinion of 9 July 2004

International Court of Justice, filings and materials on the case
{{Authority control International Court of Justice cases Israeli–Palestinian conflict and the United Nations 2004 in international relations Israeli West Bank barrier Borders of Israel Borders of the West Bank Geography of the West Bank Israeli Security Forces Human rights abuses in the State of Palestine 2004 documents 2004 in case law

See also

References

External links