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Journal of Conflict and Security Law Advance Access published online on February 3, 2006
Journal of Conflict and Security Law, doi:10.1093/jcsl/krl001
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© Oxford University Press 2006; all rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Article

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory: Opinion and Reaction

Alexander Orakhelashvili 1 *

1 Fellow, Jesus College, Oxford

* To whom correspondence should be addressed.
Alexander Orakhelashvili, E-mail: alexander.orakhelashvili{at}law.ox.ac.uk


  Abstract

The legal framework surrounding the construction of the Wall in the occupied Palestinian territory has been extensively discussed in the context of international politics as well as national jurisprudence. The International Court’s advisory opinion is meant to be an authoritative statement of law aimed at clarifying this much contested matter. This contribution examines the court’s treatment of the points of substantive international law applicable to the construction of the Wall and the ensuing legal consequences. Furthermore, it considers the reaction to the advisory opinion by the Israeli Supreme Court’s decision in the case of Mara’abe. This contribution concludes that the International Court’s treatment of the legal position in strict terms of legality must be preferred to the application of balancing tests by the Israeli Supreme Court, especially given the latter’s deficient treatment of the proportionality test.


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