QUESTION #10

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

Different types of question may be very real and very important for all involved, but remain beyond the purview of the International Court of Justice, such as:

• The question of the deleterious effects of the ICJ advisory on the current efforts to jumpstart the peace process;
• The question of the ethical implications of placing the fence in areas which cut off families from one another or cause other hardships.

The Court's mandate is to examine the legal issues alone.

At times, this can involve looking at political and ethical issues, but only when such issues are specifically addressed in one of the four areas of the Court's jurisdiction, as defined by Article 36 of the Statute of the Court:

a. the interpretation of a treaty;
b. any question of International Law;
c. the existence of any fact which, if established, would constitute a breach of an international obligation;
d. the nature or extent of the reparation to be made for the breach of an international obligation.

So, while international activist organizations are acting appropriately in addressing the political and ethical ramifications of the security fence, the ICJ must examine all issues brought before it strictly on the basis of their legality.

 

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