About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

38 Isr. L. Rev. 316 (2005)
The International Court of Justice Decision on the Separation Barrier and the Green Line

handle is hein.journals/israel38 and id is 318 raw text is: THE INTERNATIONAL COURT OF JUSTICE DECISION ON THE SEPARATION BARRIER AND THE GREEN LINE Robbie Sabel This Article examines hon the advisoy opinion of the lCd on the Legal Coisequences of Constructing a Mall in the Occupied Palestinian ferritory dealt with the status of the territot through iwhich the separation barrier passed and the question of the status of the Green Line - which delineates this territor'. Israel has accepted that the rules of belligerent occupation are to be applied to the territory, the Court however did not siftfcc itslf iwith applying the laws of belligerent occupation but chose to follow curret [,. precedents in the use ofthe phrase occupied Palestinian territory. The Court does not attenipt to resolve the dilemma of how the ffest Bank could be defined as occupied Palestiniati territoiy when its status as occupied territorv' presumably derived fiom Jsrael seizure o the Area jront Jordan and a Palestinian State had never existed there, or aiywhere. Although the Court disclaied any intention qdetertiniing boundaries. nevertheless the Court treats the Green Lie as ltrael s Fastern boundaty noti ithstanding that neither Israel nor an, Arab ,tate recogni-ed it as such. By its decision, the Court apparently how ever has recognized Israel sovereigno, tfest of the Green Line. incltding West Jerusalem, perhaps an outcome not foreseen h all i rho initiated the application to the (Court. t. Introduction The operative part ofthe question posedby the UN General Assembly tothe International Court of Justice in The Hague (ICJ) was, What are the legal consequences arising from the construction of the wall being built by Israel, the Occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalen.' This paper attempts to examine how the advisory opinion of the ICJ dealt with the status of the territory through which the separation barrier passed' and the question of the status of the Green Line which delineates this territory. The issues involved include whether, in accordance with international law, the territory should be considered as occupied Depanment ofInternational Relations and Faculty ofLaw, The Hebrewy University of,!erusaem. (ANGA Resolution A/FS-10/14, adopted on 8 December 2003 at the Tenth Emergency Special Session. 2 The Israel Government refers to it as a fence. The UN General Assembly and ICJ refer to it as a wall. In fact, most of the length is a fence and only a small part is a wall. I choose to use the phrase -barrier. which is used in the report of the UN Secretary General.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most