JOINT DECLARATION OF JUDGES NOLTE AND CLEVELAND

SEPARATE OPINION OF JUDGE NOLTE
Factual and legal scope of the Court’s analysis  Differences between advisory proceedings and contentious proceedings  Definition of apartheid  Racial segregation and apartheid  Qualified subjective element as part of the prohibitions of apartheid and racial segregation  Insufficient information before the Court to observe that Article 3 of CERD has been breached.

SEPARATE OPINION OF JUDGE IWASAWA
The Advisory Opinion does not address conduct by Israel in the Gaza Strip in response to the attack carried out against it by Hamas and other armed groups on 7 October 2023  The Court adopts the “functional approach” regarding the application of the law of occupation to Gaza after 2005.

DECLARATION OF JUDGE XUE
1. I voted in favour of all paragraphs in the operative part of the Opinion. I generally agree with the reasoning and conclusions reached by the Court. In this declaration, I wish to clarify a few points with regard to the application of the principle of self-determination in the present case.

SEPARATE OPINION OF JUDGE YUSUF

JOINT OPINION OF JUDGES TOMKA, ABRAHAM AND AURESCU
[Original English text]
Scope of the Opinion  Unfounded inclusion of Gaza in the conclusions of the Opinion.

DECLARATION OF JUDGE TOMKA
[Original English text]
1. Having co-signed with Judges Abraham and Aurescu our joint opinion, I wish to add a few additional observations.

DISSENTING OPINION OF VICE-PRESIDENT SEBUTINDE

DECLARATION OF PRESIDENT SALAM
[Original English text]
Agreement with the Court’s reasoning and conclusions in the present Advisory Opinion  Israel aware since 1967 of the unlawful nature of its settlement policy  Israeli discriminatory policies and practices tantamount to apartheid  Question of the ab initio unlawfulness of the occupation  Effects of resolution 181 (II) and its legal consequences for Israel  Modalities of reparation arising from Israel’s violations  Need for concrete action by the United Nations  Role of the Court and the achievement of peace through law.

19 JULY 2024
ADVISORY OPINION
LEGAL CONSEQUENCES ARISING FROM THE POLICIES AND PRACTICES OF ISRAEL IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM
___________
CONSÉQUENCES JURIDIQUES DÉCOULANT DES POLITIQUES ET PRATIQUES D’ISRAËL DANS LE TERRITOIRE PALESTINIEN OCCUPÉ, Y COMPRIS JÉRUSALEM-EST
19 JUILLET 2024
AVIS CONSULTATIF
TABLE OF CONTENTS
Paragraphs
CHRONOLOGY OF THE PROCEDURE 1-21
I. JURISDICTION AND DISCRETION 22-50
A. Jurisdiction 23-29
B. Discretion 30-49