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From Illegality to Accepted Reality: Analysing the Impact of the I.C.J's Advisory Opinion on "The Wall" in Palestine

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Abstract:

In this article, the author examines the history, controversy and present status of the "Wall" or "Security fence" being built by Israel in the occupied territories of Palestine. The article analyses the judgements of the International Court of Justice, the Israeli High Court, as well as developments in various international arenas, to conclude that in spite of repeated declarations of the "illegality" of the Wall in international law, its construction continues unabated. Besides the lack of legal reasoning given by the I.C.J. in its advisory opinion which has contributed to this situation, the article concludes that the grave human rights violations caused by the Wall are not just being tolerated but perhaps even being acquiesced to by the international community today.

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