The Legal Value of the Advisory Opinion of the International Court of Justice on the Separation Wall in the Occupied Palestinian Territories

Abstract

The International Court of Justice issued advisory opinion in 2004 regarding the separation wall built by Israel in the Occupied Palestinian Territories. The court ruled that the wall is illegal and must be removed, as well as compensating the residents for the severe harm they suffered. It also affirmed the validity of the Fourth Geneva Convention and the two international covenants, as well as the Convention on the Rights of Children in the Occupied Palestinian Territories.

The purpose of this study is to assess the legal significance of advisory opinions issued by the International Court of Justice.

The researcher uses the appropriate descriptive and analytical methods in this research.

The problem of this study is: what is the legal value of the advisory opinion of the International Court of Justice on the separation wall built by Israel in the Occupied Palestinian Territories?

1st : The most important results:

1-The advisory opinions of the International Court of Justice are precedents that cannot be changed.

2- The advisory opinions provide the components of a legal nature required for the parties requesting the case to conduct the advisory opinion granted by the court to the entity that requests it and which was not issued to a specific country.

3- The advisory opinion gave great legal importance to the Palestinian cause by verifying the court's ability to apply the Fourth Geneva Convention, covenants, and the Convention on the Rights of the Child in the occupied Palestinian Territories.

2nd: Recommendations:

1- Continue to use the International Tribunal to obtain advisory opinions on Arab conflict files: Palestinian prisoners and detainees, martyrs bodies detention, settlements, water, natural resources, borders, and Jerusalem as a city.

2- To urge the General Assembly to urge Israel to implement the most important aspects of this fatwa, including removing the wall and compensating civilians for the damages they have suffered.

3- Activating the role of the state parties to international humanitarian law and human rights conventions.