38 Isr. L. Rev. 211 (2005)
Recherche du Temps Perdu: Rethinking Article 6 of the Fourth Geneva Convention in the Light of the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory Advisory Opinion, A La; Ben-Naftali, Orna

handle is hein.journals/israel38 and id is 213 raw text is: 'A LA RECHERCHE DU TEMPS PERDU':
RETHINKING ARTICLE 6 OF THE FOURTH
GENEVA CONVENTION IN THE LIGHT OF THE LEGAL
CONSEQUENCES OF THE CONSTRUCTION
OF A WALL IN THE OCCUPIED PALESTINIAN
TERRITORY ADVISORY OPINION
Orna Ben-Naftali'
The comment Jocuses on the construction o/ tine in the normative regime of occupation. Beginning (in
section 2) with a critique of the [(Js reading ofArticle 6 ol the Fourth Geneva Convention concerning
the scope oj applicabilit, ratione lemporis of the C onvention in cases where the duration of an occupation
lasts longer than one year, the comment proceeds (in section 3) to argue (a) that the gap between the
working assumption informing Article 6 (qf relativei short-term occupations) and reality (qf prolonged
occupations) defines a problem which the Court erroneously construed as a solution; (b) that the problem
of prolonged occupation has allowed/lor the substitution of an indefiniteJor a temporary duration of an
occupation. a move which dcfies the basic tenets f0 the normative regime of occupation: and (c) that
a proper solution involves the construction of the notion oj* reasonable time- into the Phourth Geneva
(onvention. The comment includes (in section 4) a proposal designed to minimize the temporary ndefiiiite
bhtrring of boundaries in situations tihere an occupation has not ended w ithin one year.
I. Introduction
This comment focuses on a specific determination made by the International Court of
Justice (ICJ) in the context of opining on the Legal Consequences oJ'the Construction
of'a Wall in the Occupied Palestinian Territory', concerning the scope of applicability
Sllead of the International Law Division. The Law School. The College of Management Academic
Studies.
Legal Consequetices ofa ,all in the Occupied Palestinian Territory. 2004 I.C.J. For a transcript of this
decision see this issue Advisory Opinion on Legal Consequences of the Construction of a Wall in the
Occupied Palestinian territory (2005) 38 (1-2) ls.L.R. 17 para. 78 (hereinafter: Construction of the
HalfI. The reference to the Occupied Palestinian Territory (hereinafter: OPT) should be noted:
Since 1999, this term is gradually substituting the terms the West Bank, Gaza Strip and Fast Jerusalem
and Palestinian occupied territories in the terminology of the United Nations referring to the areas
occupied by Israel since 1967, to connote the contiguous nature of the area where the Palestinians are
entitled to exercise their right of self-determination. See e.g.. GA Res. ES-10/6, U.N. GAOR, 54t' Sess..
Supp. No. 49, t.N. Doe. A/ES-10/6 (1999).

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