Separation wall/ICJ advisory opinion – GA requests advisory opinion – ICJ press release

The General Assembly of the United Nations requests an advisory opinion from the Court
on the legal consequences arising from the construction by Israel of a wall
in the Occupied Palestinian Territory

THE HAGUE, 10 December 2003. On 8 December 2003, the General Assembly of the United Nations adopted resolution A/RES/ES-10/14 (A/ES-10/L.16) in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to "urgently render an advisory opinion on the following question:

What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?"

The Request for an Advisory Opinion was transmitted to the Court by the Secretary-General of the United Nations in a letter dated 8 December 2003 which was received in the Registry on 10 December 2003.

Procedure

The advisory procedure is open to five United Nations organs and 16 specialized agencies of the United Nations system. It enables them to request advisory opinions from the Court on legal questions.

On receiving a request for an advisory opinion, the Court itself draws up a list of those States and organizations that may be able to furnish relevant information. It then organizes the written and/or oral proceedings pursuant to Articles 66 of its Statute and 105 of its Rules.

Unlike judgments, the Court’s advisory opinions have no binding effect as such. However, the authority of the Court attaches to them.

___________