Uluslararası İlişkiler Dergisi

Yazarlar: Erdem DENK

Konular:Sosyal

Anahtar Kelimeler:Israel,The International Court of Justice,The UN,The Middle East

Özet: This study analyses the advisory opinion given by the ICf regarding the wall being constructed by Israel in the occupied territories. The Court has found that the wall, which is, according to Israel, being constructed due to security considerations regarding terrorist attacks of various Palestinian groups, is contrary to various principles and rules of international law. The basic justification of the decision is the fact that the wall is being constructed on areas which have the status of "occupied territories". The Court, which wasted the opportunity to assess the relationship between law and the struggle against terrorism, has also failed to deal sufficiently with the merits of the case although it dwelled on every objection of Israel regarding procedural matters. Although it is a quite apt judgement, the rather general and abstract conclusions regarding the merits of the case gave those who criticised the judgement some space to base their arguments. The Court should have given much more importance to its legal reasoning regarding concrete breaches of Israel.

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