Summary of the Advisory Opinion of 19 July 2024

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Summary
Unofficial
Summary 2024/8
19 July 2024
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem Summary of the Advisory Opinion of 19 July 2024
Chronology of the procedure (paras 1-21)

The Court gives its Advisory Opinion and responds to the questions posed by the General Assembly

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website X YouTube LinkedIn
Press Release
Unofficial
No. 2024/57
19 July 2024
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem The Court gives its Advisory Opinion and responds to the questions posed by the General Assembly

Declaration of Judge Tladi

DECLARATION OF JUDGE TLADI
The situation in the Occupied Palestinian Territory is not a bilateral dispute  The policies and practices of Israel are in breach of peremptory norms of international law  The security concerns of Israel cannot override its international legal obligations  The policies and practices can be characterized as apartheid  The United Nations is under an obligation to consider further measures and modalities in the event of non-compliance.
I. INTRODUCTION AND CONTEXT

Declaration of Judge Brant

DECLARATION OF JUDGE BRANT
[Translation]
Agreement with the reasoning and conclusions of the Court  Violation by Israel of Article 3 of CERD  Racial segregation and apartheid — Evolutive interpretation — Constituent elements of apartheid — Fulfilment of the right of a people to self-determination impossible under racial segregation or apartheid — Cessation of international law violations needed to ensure peace and security of Israel and Palestine.

Declaration of Judge Charlesworth

DECLARATION OF JUDGE CHARLESWORTH
Multiple and intersectional discrimination  Discriminatory effect of Israel’s measures on women and on children.
Legality of Israel’s effective control of the Occupied Palestinian Territory  Legal bases for the use of force  Relationship between security threats and armed attack  Right to self-defence  Necessity and proportionality.
1. I agree with the Court’s replies to the questions posed by the General Assembly. In this declaration, I address two issues in the Advisory Opinion where I think that more detailed reasoning is desirable.

Separate opinion of Judge Nolte

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.

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