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Israeli West Bank barrier/Legal Status

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Part of the series on the
Israeli West Bank barrier
Checkpoint near Abu Dis
contents
About
Overview
Effects and consequences
Legal Status
Opinions on the barrier
External links and resources
Portal:Israel-Palestine

Legal status

Israeli Supreme Court rulings

Boy and soldier in front of Israeli wall

On two occasions the Israeli government has been instructed by the Supreme Court of Israel to alter the route of the barrier to ensure that negative impacts on Palestinians would be minimized and proportional.[1][2]

United Nations and International Court of Justice

In 2004, the United Nations passed a number of resolutions and the International Court of Justice issued an advisory opinion calling for the barrier to be removed, and for Arab residents to be compensated for any damage done: "The Court finds that the construction by Israel of a wall in the Occupied Palestinian Territory and its associated régime are contrary to international law."[3]

The UN General Assembly asked the International Court of Justice to evaluate the legal status of Israel’s “separation wall.” In July 2004, the Court declared the illegality of the barrier. The Security Council has yet to accept and enforce the Court’s ruling, however, and the United Nations remains sidelined in the conflict.[4]

Israel submitted a 246 page written statement containing the views of the Government of Israel on Jurisdiction and Propriety to the Court, but chose not make any oral statements.[5]


  1. Microsoft Word - 04020560.A28
  2. Microsoft Word - 04079570.A14
  3. [http://domino.un.org/UNISPAl.NSF/85255e950050831085255e95004fa9c3/3740e39487a5428a85256ecc005e157a!OpenDocument ICJ advisory opinion summary/ Separation barrier - Summary - Press release (9 July 2004
  4. globalpolicy.org
  5. Written Statement of the Government of Israel on Jurisdiction and Propriety

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