INTERNATIONAL COURT OF WSTICE
Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: Intercourt,
The Hague. Fax: +31 (0)70 364 99 28. Telex: 32323. E-mail address:
[email protected]. Internet address: http://www.icj-cij.org.
Press Release
Unofficial
No. 2003/44
19 December 2003
Legal Consequences of the Construction of a Wall
in the Occupied Palestinian Territorv
Reguest for Advisorv Opinion
Order organizing the proceedings
THE HAGUE, 19 December 2003. Further to the request by the General Assembly of the
United Nations to the International Court of Justice "to urgently render an advisory opinion" on the
question of the Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory (see Press Release 2003/42 of 10December 2003), the Court today made an Order
organizing the proceedings.
In its Order, the Court stated that, as General Assembly has requested that the advisory
opinion of the Court be rendered 'urgently', it is incumbent upon the Court to take all necessary
steps to accelerate the procedure, as contemplated by Article 103 of its Rules".
In its Order, the Court decided that "the United Nations and its Member States are
considered likely, in accordance with Article 66, paragraph 2, of the Statute, to be able to fumish
information on all aspects raised by the question submitted to the Court for advisorynion". It
fixed 30 January 2004 as the time-limit within which they could submit to the Court written
statements on the question.
The Court also decided "that, in light of General Assembly resolution A/RES/ES-10114and
the report of the Secretary-General transmitted to the Court with the request, and taking into
account the fact that the General Assembly has granted Palestine a special status observer and
that the latter is co-sponsor of the draft resolution requesting the advisory opinion, Palestine may
also submit to the Court a written statement on the question within the above-limit".
In its Order, the Court further decided, "in accordance with Article 66, paragraph 4, of the
Statute and Article 105 of the Rules of Court, to hold hearings during which oral statements and
comments may be presented to the Court by the United Nations and its Member States, regardless
of whether or not they have submitted written statements" and fixed 23 February 2004 as the date
for the opening of those hearings. The Court added that, "for the reasons set out above, Palestine
may also take part in the hearings due to open on 23 February 2004" and it invited the United
Nations and its Member States, as well as Palestine, to inform the Court's Registry, by
13February 2004 at the latest, if they intended to take part in the above-mentioned hearings.
The subsequent procedure was reserved for further decision. -2-
History of the proceedings
On 8 December 2003, the General Assembly of the United Nations adopted resolution
AIRES/ES-10/14 (AIES-10/L.l6) 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 reportof 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
10December 2003.
*
Procedure
For more information on advisory opinions and advisory proceedings before the Court,
please visit our website. Click on "General Information" to read the online version (the printed
edition is out of stock) of the blue "Guide to the history, composition, jurisdiction, procedure and
decisions of the Court" (1946-1996). Click on "Basic Documents" to obtain the Statute and Rules
of Court.
The full textof the Order organizing the proceedings will shortly be available on the Court's
website (www.icj-cii.org).
Information Department:
Mr. Arthur Witteveen, First Secretary of the Court (tel:+ 31 70 302 23 36)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (tel:+ 31 70 302 23 37)
E-mail address: [email protected]
Legal Consequences of the construction of a wall in the occupied Palestinian Territory - Request for Advisory Opinion - Order organizing the proceedings