Boston University School of Law

The Wall and the Law: A Tale of Two Judgements

Susan Musarrat Akram
Boston University School of Law

S. Michael Lynk
University of Western Ontario - Faculty of Law


Netherlands Quarterly of Human Rights, 2006
Boston University School of Law Working Paper 06-49

Abstract

The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and the legal-political consequences of the two rulings, and concludes that, if the international community fails to muster the political will to enforce the direction of the Advisory Opinion on the Wall issued by the ICJ, it may well ponder in future years about how it lost one of its very best last chances to affirmatively shape a conclusive and satisfying peace for all of those Palestinians and Israelis who live under the shadow of the sword.

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Suggested Citation:

Akram, Susan Musarrat and Lynk, S. Michael, The Wall and the Law: A Tale of Two Judgements (July 12, 2006). Netherlands Quarterly of Human Rights, 2006; B.U. Law Public Law & Legal Theory Paper Series, No. 06-49. Available at SSRN: http://ssrn.com/abstract=1884438

Susan Musarrat Akram Contact Information
Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215
United States

Email:

smakram@bu.edu

Michael Lynk Contact Information
University of Western Ontario - Faculty of Law
London, Ontario N6A 3K7 N6A 3K7
Canada

Email:

mslynk@sympatico.ca

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