The ICJ’s Advisory Jurisdiction and the Crumbling Wall Between the Political and the Judicial
Bibliographic Data
| ID | 9546909 |
|---|---|
| Authors | Michla Pomerance (Hebrew University of Jerusalem, corresponding author) |
| Year | 2005 |
| Volume | 99 |
| Issue | 1 |
| Pages | 26-42 |
| Publication date | 2005-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3246087 |
| OpenAlex | W2010584521 |
| Language | EN |
| Citations received | 6 |
| References cited | 14 |
It is hardly surprising that the controversial advisor)’ opinion of the International Court of Justice in the case concerning the Israeli security fence raised serious concerns in many quarters, on multiple grounds. Most prominently, as some of the judges and numerous commentators have noted, the restriction of the right of self-defense under Article 51 of the United Nations Charter to attacks by “states” is unwarranted on the basis of the text. It is also, of course, illogical in an era when the worldwide terrorist threats stem primarily from nonstate actors. Additionally, in the current case, while the Court assimilated “Palestine” to a state for the purpose of granting it certain rights (including procedural rights before the Court), the ICJ made no corresponding acknowledgment of Palestine’s obligation to refrain from engaging in an armed attack. This, as Judge Rosalyn Higgins recognized, was “formalism of an unevenhanded sort.”
Advisory opinion · Charter · International court · International law · Jurisdiction · Obligation · Political science · Politics · Public international law · Security council · State (computer science · Terrorism · United Nations Charter · Global Peace and Security Dynamics · International Law and Aviation · International Law and Human Rights · Law
Israel and Palestine
Self-Determination in Law and Practice
The Development of International Law by the International Court
The Law and Practice of the International Court
Israel and Palestine
The Recruitment and use of Mercenaries in Armed Conflicts
Legal Aspects of the search for peace in the Middle East
What Weight to Conquest
Towards Relative Normativity in International Law
Of Gnats and Camels
South West Africa and the United Nations
| Unique citing works | 6 |
|---|---|
| Citations per year | 0.29 |
| Citation span | 2005 - 2024 (20) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 6 |