Should the International Court of Justice Give an Advisory Opinion on Israel's Separation Fence?

(Institute for Contemporary Affairs/Jerusalem Center for Public Affairs) Prof. Ruth Lapidoth - Since the Palestinians could not sue Israel in the International Court of Justice 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.

2004-02-23 00:00:00

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