Reply #19: Some more from the decision... [View All]

[Violet_Crumble]

Actually, the most important part, which is the question the Court issued the Advisory Opinion on:

'What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?'

I'd be thinking that the reason why Article 51 of the Charter wasn't found applicable in this case is because attacks are originating from territory that Israel occupies, and as the occupying power, Israel has the obligation not to alter the character of the territory it's occupying. That is not to say that Israel does not have the right to defend itself against attacks just because the Court ruled that the construction of the wall was illegal. In fact, the ruling states so very clearly:

141. The fact remains that Israel has to face numerous indiscriminate and deadly acts of violence against its civilian population. It has the right, and indeed the duty, to respond in order to protect the lives of its citizens. The measures taken are bound nonetheless to remain in conformity with applicable international law

142. In conclusion, the Court considers that Israel cannot rely on a right of self-defence or on a state of necessity in order to preclude the wrongfulness of the construction of the wall resulting from the considerations mentioned in paragraphs 122 and 137 above. The Court accordingly finds that the construction of the wall, and its associated regime, are contrary to international law.

Sorry, eyl, but I find it unbelievable that the Israeli govt's motives for the route the wall takes has anything to do with 'good' vs 'terrorist' Palestinians. It's got everything to do with where the settlements are in the West Bank, and Israel's plans for annexing that territory...

Violet...