Abstract
This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be adequately argued in front of the ICJ. Suggestions for further research into other barriers are then made.
Included in
Human Rights Law Commons, International Law Commons, Jurisprudence Commons, Law and Politics Commons, Legal Theory Commons, National Security Law Commons, Near and Middle Eastern Studies Commons, Peace and Conflict Studies Commons
Deconstructing the Wall: The Analysis and Implications of the 2004 International Court of Justice Advisory Opinion on the Use of Border Walls
This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be adequately argued in front of the ICJ. Suggestions for further research into other barriers are then made.
