“Fatally Flawed”: How the one-sided UNGA Resolution 77/247 has led to the one-sided Advisory Opinion of the International Court of Justice on the Occupied Palestinian Territory
Year: 2025
Type: article
Abstract: On July 19, 2024, the International Court of Justice (ICJ) issued an Advisory Opinion to the UNGeneral Assembly, concluding that Israel’s military presence in the “Occupied Palestinian Territory”is unlawful and urging the evacuation of settlers. This Opinion stems from a one-sided UNGAresolution and proceedings driven by states hostile to Israel. The ICJ’s findings adopt a biasedhistorical and legal narrative that undermines Israel’s sovereignty and disregards key principlesof international law, including uti possidetis juris. The Court’s conclusions on sovereignty, selfdetermination,and security lack sufficient evidence and ignore Israel’s legitimate claims to EastJerusalem and the West Bank, as well as its security concerns. Additionally, the Opinion underminesUNSC Resolution 242 and the Oslo Accords, which advocate for negotiated resolutions. Thenon-binding Opinion should not be implemented, as it risks prejudicing peace negotiations andescalating tensions in the Middle East.
Source: Derecho en sociedad.
Authors: Paulina Guerrero, Alessandro Spinillo, Andrew Tucker
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409012115