Richard Falk is Albert G. Milbank Professor Emeritus of International Law at Princeton University and served as UN Special Rapporteur on Human Rights in Palestine and is currently co-convener of SHAPE (Save Humanity and Planet Earth).
The International Court of Justice overwhelmingly decided last week that Israel is no longer legally entitled to act as the occupying power in Gaza , the West Bank , and East Jerusalem , noting that its further presence in these territories is unlawful. The decision took the form of an “advisory opinion” in response to two “legal questions” put to the ICJ by the United Nations General Assembly in 2022.
Does being an “advisory opinion” rather than a formal judgment in a “contentious” case make a decisive difference in the political weight or legal authoritativeness of the outcome in this comprehensive legal scrutiny of Israel’s prolonged occupation of the Palestinian territories?An important question is raised by the formal, obligatory format of the ongoing South African ICJ case alleging Israel is committing genocide in Gaza.
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