Human rights, State sovereignty and national territory

5 important questions on Human rights, State sovereignty and national territory

What question did the United Nations request the International Court of Justice to answer?

The United Nations requested the International Court of Justice to provide an Advisory Opinion on the legal consequences arising from the construction of the wall being built by Israel in the Occupied Palestinian Territory.

What are the legal consequences of the construction of the wall according to the International Court of Justice?


The International Court of Justice stated that the construction of the wall by Israel in the Occupied Palestinian Territory has legal consequences that need to be considered in light of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions.

Does Israel consider the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) to apply to the occupied Palestinian territory?

Israel denies that the ICCPR and the ICESCR apply to the occupied Palestinian territory
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How does the International Court of Justice view the applicability of the ICCPR and the ICESCR to the occupied Palestinian territory?

The International Court of Justice states that the ICCPR applies when a state exercises its jurisdiction on foreign territory, while the ICESCR extends to situations where a state exercises territorial jurisdiction. The Court considers economic, social, and cultural rights as essentially territorial, while civil and political rights require quasi-sovereign powers as an occupying power. This distinction is based on the Court's interpretation of the two categories of rights.

What criteria did the European Court of Human Rights identify for determining the jurisdiction of a State party in cases where its military is present on foreign territory?


The European Court of Human Rights identified two criteria: state agent authority and control, and effective control of an area. These criteria are used to determine whether an event falls under the jurisdiction of a State party despite occurring outside its territory.

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