The 'Irrelevancy' of Self-Defence: Revisiting the 2004 ICJ 'Wall' Opinion

תקציר

This article discusses the 2004 ICJ Advisory Opinion, exactly one decade after it's issue, and examines one of the core assertions made in the Opinion - namely, that Article 51 of the UN Charter (the right of self-defence) is "irrelevant" when determining the legality of the security barrier built by Israel. The article conducts a detailed analysis of the possible explanations for such an assertion, and ultimately argues that the conclusion was unfounded. It is emphasized that the article only examines the Court's particular claim regarding Article 51, and does not pronounce upon the entire Opinion's final conclusion. The article is presented in a unique style, written in the form of the Advisory Opinion itself, appearing as what perhaps the original discussion should have looked like.