The Ten Key Questions

In analyzing the careful wording of the UN's question, it becomes clear that the International Court of Justice (henceforth "the ICJ") will likely consider, inter alia, the following ten questions:

Please click on any question to read more details and analysis.

1. Does the security fence fall within the purview of the ICJ's mandate to give advisories?

2. What precedents from the history of ICJ advisory cases may be relevant?

3. Did the UN ask for an opinion on the fence's legal status, or rather did it ask what the legal ramifications might be on the assumption that the fence is a priori illegal?

4. Is Israel an "occupying Power"?

5. Is the disputed territory "Palestinian", or does it have some other status?

6. What articles in the 4th Geneva Convention might be germane to the fence's construction?

7. What other documents of International Law might be relevant?

8. Which Security Council and General Assembly resolutions are relevant in this case?

9. What are the legal implications of the Oslo Accords vis a vis the security fence and the issue of jurisdiction?

10. Do the political and ethical implications of the fence fall within the purview of the ICJ?

 

To view the entire UN request for an ICJ advisory on the security fence

To view a webography of links used in preparation of this article

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