GRAFFITI ON THE WALL—A CRITIQUE OF THE ICJ ADVISORY OPINION ON THE ISRAELI SECURITY WALL

Author: SCHREIBER, ARYE

Source: King's Law Journal, Volume 16, Number 1, 2005 , pp. 157-165(9)

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Abstract:

In this brief analysis I argue that the International Court of Justice, in its Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, whilst extensively documenting the breaches of international law resulting from the wall, almost completely omitted to analyse those questions most necessary for a full and reasoned analysis of the legality of the wall, namely Palestinian terrorism as the motivation and justification for the construction. Had the required analysis been conducted, the Court might have reached the same conclusion, but in excluding the salient topics from its analysis the Court severely undermined the value and persuasiveness of the Opinion, and thereby made it a near certainty that the Opinion will not be implemented by Israel.

Document Type: Research article

Publication date: 2005-01-01

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Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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