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Part 9 Case Study
Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory (Request for Advisory Opinion)
3. The Statute of the ICJ includes provisions to ensure the impartiality of the judges. One provision
is Article 17, paragraph 2 which states, “No Member (of the ICJ) may participate in the decision of any
4. A majority of the judges on the ICJ upheld Judge Elaraby’s involvement in the activities to which
Israel objected. The majority saw no problem with his role as legal advisor for Egypt because in that
capacity, the judge had been speaking and acting in his offical capacity. In relation to the published
5. The dissenter agreed with the majority in relation to Judge Elaraby’s official roles. However, he
END of Part NINE End Case
