Re: Will the ICJ try Israel on charges of apartheid? MEMO in Conversation with Victor Kattan

1. Since 1 believe that the Court should have exercised its discretion and declined to render the requested advisory opinion, 1 dissent from its decision to hear the case. My negative votes with regard to the remaining items of the dispositif should not be seen as reflecting my view that the construction of the wall by lsrael on the Occupied Palestinian Territory does not raise serious questions as a matter of international law. 1believe it does, and there is much in the Opinion with which 1 agree. However, 1 am compelled to vote against the Court’s findings on the merits because the Court did not have before it the requisite factual bases for its sweep- ing findings; it should therefore have declined to hear the case. In reach- ing this conclusion, 1 am guided by what the Court said in Western Sahara, where it emphasized that the critical question in determining whether or not…..

One judge and doesn’t actually hold up for you!

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