Research Article: The ICJ's Advisory Opinion on the Consequences of Israel's Construction of a Separation Barrier in the Occupied Palestinian Territories: A Movie in the Right Direction or an Impediment to Peace

Article: THE ICJ’S ADVISORY OPINION ON THE CONSEQUENCES OF ISRAEL’S CONSTRUCTION OF A SEPARATION BARRIER IN THE OCCUPIED PALESTINIAN TERRITORIES: A MOVE IN THE RIGHT DIRECTION OR AN IMPEDIMENT TO PEACE?1

by: Mustafa Mari2

This article addresses whether or not different scholars believe that the ICJ- the International Court of Justice's involvement has actually helped or hindered the peace process. The article starts by summarizing the legal side of the conflict starting from the British Mandate in 1947. Throughout the peace process, there has been a lack of "reference to humanitarian law or human rights." Both sides have encouraged actions that have violated these laws/rights. 

The article explains that the separation barrier- in 2002 the Israeli government approved of creating a barrier in Israel along the northern part of the West Bank, which will surround 16% of the west bank. The IJC was involved in this process and held a hearing that involved 15 states. The court found that the wall was contrary to international law. 

In 2003, there was an issue that declared that peace cannot be achieved until Israel goes back to respecting the human rights laws. 

The article claims the the interjection of the ICJ actually did hinder the peace process. 

The reason that I selected this article was because it focused on a topic that we have not addressed in class yet- law. Law is usually very clear-cut a dry and does not involve emotions and feelings. In class we discuss topics that do involve these emotions and feelings. However we haven't looked much in international relations or much about NOGs or politics yet. The international court of justice is a very important institution in international relations. Instead of just focusing on how people view the wall, this article steps away from the emotions and focuses on the law aspect. 

I also found this article appealing because it appealed to a lot of terms and ideas that I am currently learning about in my Global Governance class with Dr. Mitzen. In class, we discussed what international law truly means and whether or not it really is a law. After discussing the idea, International law is a law based on norms and traditions, so in fact it is not an actual law- therefore with reference to this problem, does Israel have to follow these international laws? Is it ok they they don't because other countries don't seem to? 

Link: http://journals.ohiolink.edu.proxy.lib.ohio-state.edu/ejc/pdf.cgi/Mari_Mustafa.pdf?issn=13891359&issue=v7inone&article=373_tiaootdoaitp