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The Wall and the Law: A Tale of Two Judgements

Netherlands Quarterly of Human Rights, 2006

63 Pages Posted: 17 Jul 2011  

Susan Musarrat Akram

Boston University School of Law

S. Michael Lynk

University of Western Ontario - Faculty of Law

Date Written: July 12, 2006

Abstract

The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and the legal-political consequences of the two rulings, and concludes that, if the international community fails to muster the political will to enforce the direction of the Advisory Opinion on the Wall issued by the ICJ, it may well ponder in future years about how it lost one of its very best last chances to affirmatively shape a conclusive and satisfying peace for all of those Palestinians and Israelis who live under the shadow of the sword.

Suggested Citation

Akram, Susan Musarrat and Lynk, S. Michael, The Wall and the Law: A Tale of Two Judgements (July 12, 2006). Netherlands Quarterly of Human Rights, 2006. Available at SSRN: https://ssrn.com/abstract=1884438

Susan Musarrat Akram

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Michael Lynk (Contact Author)

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
519-661-2111 (Phone)
519-661-3790 (Fax)

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