International Court of Justice

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Will history repeat itself? Anticipating the ICJ advisory opinion on the legal status of Israel’s occupation and its consequences

The Request for Advisory Opinion On 30 December 2022 the UN General Assembly adopted Resolution A/RES/77/247, containing the annual indictment of Israeli practices in the West Bank, East Jerusalem and Gaza. In addition, the resolution contains one novelty, a request addressed to the ICJ to render an Advisory Opinion on the following questions: (a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967 including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures? (b) How do the policies and practices of Israel referred to in paragraph 18(a) above [the previous paragraph] affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status? Question…

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UN General Assembly Committee Adopts Resolution Requesting Second Advisory Opinion from ICJ on Occupied Palestinian Territory

On 10 November 2022, at the Seventy-seventh session of the UN General Assembly, Special Political and Decolonization Committee (Fourth Committee), the State of Palestine- in a move which skirted largely under the media radar- tabled a resolution under Item 47 calling for an International Court of Justice (ICJ) Advisory Opinion on the legal status of Israel’s occupation of…

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‘Yes, they can …’: PCA national groups of States that are not members of the United Nations and the nomination of ICJ judges

As of today, membership in the United Nations, and with it the status as a contracting party of the Statute of the ICJ as per Art. 93 (1) UN Charter, is, unlike in the first decades of the existence of the organization, almost universal. Yet, there continue to be entities, and notably Palestine and Kosovo, that have not…

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The Silala Case: Was Justice Served?

On 1 December 2022, the International Court of Justice (“ICJ” or “Court”) issued its decision on the Silala case. At the time of the Application, the Parties’ views were positively opposed. Chile requested a declaratory judgment that the Silala River system is an international watercourse, the use of which is governed by customary international law…

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Preliminary Reflections on the ICJ Decision in the Dispute between Chile and Bolivia Over the Status and Use of the Waters of the Silala

Chile and Bolivia, for the past six years, have engaged in a dispute before the International Court of Justice over the waters of the Silala. On 01 December 2022 the Court released its decision. This summary highlights some key facts and the outcome of the case, and raises a number of preliminary questions that the…

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