Publishing Institution: Munk School of Global Affairs at the University of Toronto

Author:: Moshe Hirsch
Publication Date:: 12-2005
Content Type:: Journal Article
Journal:: The Journal of International Law and International Relations
Institution:: Munk School of Global Affairs at the University of Toronto
Abstract:: The recent International Court of Justice (ICJ) advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory stirred widespread interest in the international community and in Israel. The Opinion includes judicial statements regarding controversial questions that lie at the heart of the Israeli-Palestinian dispute, such as the legal status of the West Bank and the Palestinians' right of self-determination. Following a brief survey of the central legal rules arising from the Court's Opinion, the article will examine the expected impacts of the Opinion on Israel's future policy regarding the separation barrier's route and the West Bank.
Political Geography:: Israel and Palestine

Author:: Ed Morgan
Publication Date:: 12-2005
Content Type:: Journal Article
Journal:: The Journal of International Law and International Relations
Institution:: Munk School of Global Affairs at the University of Toronto
Abstract:: The response by Israel's Foreign Minister to the International Court of Justice's advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory has struck a chord that echoes with history. As Silvan Shalom put it, in condemning his state's defences the Court has condemned its own set of legal norms, in the process becoming 'equally guilty of betrayal.' Other commentators, pointing to the failure of the Court to address the catalogue of violence presented in the Israeli submissions, have accused the United Nations of 'a betrayal of its Charter commitment to peace and security.' It is as if in denying Israel's claim to self-defence with respect to the barrier that snakes along the Green Line and through the West Bank, the Court has both sentenced the country to death and sealed its own fate as a normative authority.
Political Geography:: Israel and Palestine

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