Chapter Six. Discourses Of Division? Law, Politics And The ICJ Advisory Opinion On The Legal Consequences Of The Construction Of A Wall In The Occupied Palestinian Territory

Abstract

The situations of Western Sahara and Palestine have much in common. Both remain territories under foreign rule in the face of widespread support for their peoples' self-determination. One of the most important reasons against its jurisdiction was the proposition advanced in a number of submissions that 'the request concerns a contentious matter between Israel and Palestine' lacking Israeli consent. In contrast with contentious International Court of Justice (ICJ) cases, Advisory Opinions offer much greater scope for the participation of a range of states as well as inter-governmental organisations (IGOs) and in the case of Palestine, nascent state entities. This chapter concerns with two strategic devices employed by the parties in presenting their respective positions: the use of language and the use of history. Matters of jurisdiction and propriety also reflected normative positions about the role of the ICJ and international law within international society.Keywords: advisory opinions; inter-governmental organisations (IGOs); International Court of Justice (ICJ); international law; Israel; Palestinian territory; self-determination