Should the International Court of Justice Give an Advisory Opinion on Israels Separation Fence?
Prof. Ruth Lapidoth • Since the Palestinians could not sue Israel in the International Court of Justice (ICJ) as a contentious case – because the Palestinians are not a state and because Israel has not agreed to the jurisdiction of the court – the Palestinians used their influence in the General Assembly, which then asked for an advisory opinion. • The emergency special session of the General Assembly was convened in accordance with the Uniting for Peace resolution of 1950, according to which certain conditions have to be fulfilled before the General Assembly can act, and these conditions have not been fulfilled in the present case. • In addition, the question is already being dealt with by the Security Council, which has adopted the “road map.” The request for an advisory opinion undermines the road map and the attempts to find a comprehensive solution to the Israeli-Palestinian dispute. On 20 November 2003 the UN General Assembly requested the ICJ to give an advisory opinion on the q
Related Questions
- Does the Advisory Opinion of the International Court of Justice on Kosovo’s Declaration of Independence Resolve Anything?
- What was the Advisory Opinion of the International Court of Justice (ICJ), and was it a just verdict?
- Should the International Court of Justice Give an Advisory Opinion on Israels Separation Fence?
