On 9 July 2004, the International Court of Justice delivered one of its most eagerly awaited advisory opinions since its establishment in 1945. Those hoping for drama could not have been disappointed. The sweeping and categorical nature of the Court's opinion in Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (1) stunned most observers, to the delight of some and the distress of others. The Court, finding that it had jurisdiction and deciding to comply with the General Assembly's request for an opinion, held that the construction of the wall currently being built by Israel in the occupied territory of the West Bank, including in and around East Jerusalem, along with ( its associated rigime) which includes the Israeli settlements, are contrary to international law. It further held that, in addition to terminating its breaches of international law, to ceasing construction of and dismantling the existing structure immediately, and to repealing or rendering ineffective all related legislation and regulations, Israel is under an obligation to make reparation for all damage caused by the construction of the wall.
Legal consequences of the construction of a wall in the occupied palestinian territory: a commentary
O'keefe, Roger
2004
Abstract
On 9 July 2004, the International Court of Justice delivered one of its most eagerly awaited advisory opinions since its establishment in 1945. Those hoping for drama could not have been disappointed. The sweeping and categorical nature of the Court's opinion in Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (1) stunned most observers, to the delight of some and the distress of others. The Court, finding that it had jurisdiction and deciding to comply with the General Assembly's request for an opinion, held that the construction of the wall currently being built by Israel in the occupied territory of the West Bank, including in and around East Jerusalem, along with ( its associated rigime) which includes the Israeli settlements, are contrary to international law. It further held that, in addition to terminating its breaches of international law, to ceasing construction of and dismantling the existing structure immediately, and to repealing or rendering ineffective all related legislation and regulations, Israel is under an obligation to make reparation for all damage caused by the construction of the wall.
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