1. Resolution of The International Court of Juctice Concerning the Wall Constructed by Israel
- Author:
- Erdem Denk
- Publication Date:
- 09-2004
- Content Type:
- Journal Article
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- This study the advisory opinion given by the ICJ regarding the wall being constructed by Israel in the occupied territories. The Court has found that the wall, which is, according to Israel, being constructed due to security consideraions regard,ng terrorist attacks of various Palestinian gropus, is contarry to various principles and rules of international law. The basic justification of the decision is the fact that the wall is being constructed on areas which have the status of "occupied territories". The Court, which wasted the opportunity to assess the relationship between law and the struggle against terrorism, has also failed to deal sufficiently with the merits of the case althought it dwelled on every objection of Israel regarding procedural matters. Although it is a quite apt judgement,the rather general and abstract conclıisons regarding the mertis of the case gave those who criticised the judgement some space to base thier arguments. The Court should have given much more importance to its legal reasonnig regarding concrete breaches of Israel.
- Topic:
- International Law
- Political Geography:
- Middle East, Israel, and Palestine