Published on 25 July 2024 in Client Alerts
ICJ advisory opinions
Advisory opinions issued by the ICJ are rare and valuable. Together with this advisory opinion, the ICJ has issued 29 advisory opinions to date. Advisory opinions carry weight in international law and significantly influence international relations. They provide arguably authoritative guidance as to the existence and content of legal norms applicable to the relevant subjects presented to them in the request for an advisory opinion.
Member States of the United Nations can participate in ICJ advisory opinion proceedings. They do so by providing written and oral statements to the ICJ. International organisations can also participate, if permitted by the ICJ.
Advisory opinions have become more common in recent years. For example, the ICJ is currently conducting other advisory opinion proceedings in regard to climate change and whether workers have a right to strike under international law.
Request of the United Nations General Assembly
On 30 December 2022, the United Nations General Assembly adopted resolution A/RES/77/247 requesting that the ICJ give an advisory opinion on the following two questions:
“(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to . . . above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?”
The advisory opinion of 19 July 2024
In the advisory opinion, the ICJ:
Vice-President Sebutinde appended a dissenting opinion. In addition, President Salam, Judge Tomka, Judge Xue, Judge Charlesworth, Judge Brant, Judge Tladi and Judges Nolte and Cleveland appended declarations. Further, Judge Yusuf, Judge Iwasawa, Judge Nolte, Judge Gómez Robledo, Judge Cleveland and Judges Tomka, Abraham and Aurescu appended separate opinions.
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