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ICJ Dissent of Judge Thomas Buergenthal

(USA) (International Court of Justice) Since I believe that the Court should have exercised its discretion and declined to render the requested advisory opinion, I dissent from its decision to hear the case. To reach [a] conclusion with regard to the wall as a whole without having before it or seeking to ascertain all relevant facts bearing directly on issues of Israel's legitimate right of self-defense, military necessity, and security needs, given the repeated deadly terrorist attacks in and upon Israel...to which Israel has been and continues to be subjected, cannot be justified as a matter of law. Article 21 of the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts, declares: "The wrongfulness of an act of a State is precluded if the act constitutes a lawful measure of self-defense taken in conformity with the Charter of the United Nations." Article 51 of the Charter provides that "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations." The Court fails to address any facts or evidence specifically rebutting Israel's claim of military exigencies or requirements of national security.
2004-07-12 00:00:00
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