The Israeli Wall, International Court of Justice, UN and International Law

UN and International Law Students

Here is my quick summary of the situation regarding Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory  (Request for advisory opinion) Summary of the Advisory Opinion of 9 July 2004. It is within the legal right of the United Nations to make such a request to the ICJ and it is within the jurisdiction of the ICJ to answer the question. The ICJ is set-up to answer such questions.  Now, here are my quick summary points to as a response to the discussions in class.

The question: “What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?”

1) This request for advisory opinion was indeed supported by written petitions submitted by 70-80 countries.

2) Yes, the UN is an International Organization (IO) that is legally authorized to make such entreaties before the ICJ. In other words, the UN enjoys the same legal status as a “STATE” under international law for the purposes of international transactions.

3) States, only states or other such IO’s that have the legal standing of a STATE can only appear in front of the ICJ.

4) NO, Taiwan is not a State, NO the PLO or the PA (Palestinian Authority is not a state), but Yes, both the PA and the Holy SEE (the Vatican) have special observer status within the UN.

5) The question of legality of the Wall was presented by a special committee of the UNGA to the ICJ to simply examine whether it is legal for the Israel to construct a permanent barrier through “occupied territories,” thereby solidifying or consolidating their legal claim over a disputed territory.

6) Also please note, that the portion is indeed disputed, which Israel got hold of during the 1967 Arab-Israeli Conflict.  So, as the Court points out as per the provisions of International Law it is within the right of the Court to refer to it as “Occupied Territory” of the Palestine mandate, which prior to the Israeli takeover was nominally under the control of the Ottoman Empire and Trans-Jordan. However, the politics of the Arab-Israeli conflict are highly self-evident in this posing of the question. Off course, it goes without saying that the Arab-Israeli conflict is one of the most contentious issues that the world has witnessed in after the end of the Second World War.

More on this topic as the semester progresses.

Advertisements

2 Responses to “The Israeli Wall, International Court of Justice, UN and International Law”

  1. Joseph Jacobson Says:

    Isn’t it true that the “occupied territories” won by the Israelis during the Six Day War and therefore shouldn’t they be allowed to do as they please? What state has won a war and given land back after they dominated their opponent in the war. Also I saw an article in the Times where Hamas leaders have praised those who send rockets from Gaza into a training base for Israeli soldiers. Should leaders like this be allowed to run a “state”?

  2. srinisitaraman Says:

    Modern international law does not sanction forceful occupation of territory and eviction of prior settlements, forceful displacement of people, especially from disputed territories. If that is the case, then every country will go around invading other countries and occupying their lands and we would be in an constant state of war. However, it does not mean that it does not happen or that it has not happened. Also note, that even the Israeli Cabinet agrees that the West Bank is a disputed territory and that it is indeed going to be a part of the two-state solution. Hamas is branded a terrorist organization, they have NO international loci standi, only the PA have legitimate authority.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: