The Wall Advisory Opinion
The ICJ's 2004 opinion on Israel's construction of a barrier in occupied Palestinian territory.
Background
In 2003, the UN General Assembly requested an advisory opinion on the legal consequences of Israel's construction of a wall in the occupied Palestinian territory. Israel had begun building the barrier in 2002, arguing it was necessary to prevent suicide bombings during the Second Intifada. Palestinians and many states argued the wall was an illegal land grab that incorporated settlements and divided communities.
Israel refused to participate in the merits proceedings, arguing that the Court should decline to give an opinion because the question was political and that the General Assembly was seeking to circumvent the Security Council. The Court proceeded anyway, finding that it had jurisdiction and that there were no compelling reasons to decline.
