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.

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