A/HRC/7/17
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(k) The United Nations, especially the General Assembly and Security Council, should
consider what further action is required to bring an end to the illegal situation resulting from the
construction of the wall and associated regime, “taking due account of the present Advisory
Opinion”.39
51. On 20 July 2004 the General Assembly adopted resolution ES-10/15 which called for
Israel to comply with the Advisory Opinion of the International Court of Justice. This
resolution was adopted by 150 votes to 6 (Australia, Micronesia, Israel, Marshall Islands,
Palau, United States) with 10 abstentions. The Russian Federation and member States of the
European Union voted in favour of the resolution.
52. Since 2004, the Advisory Opinion has been ignored by the Security Council. While the
General Assembly40 and Human Rights Council41 have passed several resolutions reaffirming the
Opinion, no attempt has been made by the Security Council to compel Israel to comply with the
Opinion or to remind States of their obligation to ensure compliance by Israel with the Fourth
Geneva Convention. The reason for this is not hard to find. The Security Council is prevented
from giving its backing to the Opinion by the United States which has refused to accept it.
Similarly the United States prevents the Quartet from taking steps to implement the Opinion.
No statement issued by the Quartet has ever acknowledged the Opinion.42
53. Although the Advisory Opinion of the International Court of Justice is an authoritative
statement of the applicable law and is designed to contribute to the framework for peace in the
Middle East, it is not legally binding on States. In law, the United States is well within its right to
refuse to accept the Opinion in the Quartet. The same applies to the Russian Federation and the
European Union - although both have compromised themselves by giving approval to the
Opinion by supporting General Assembly resolution ES-10/15 and subsequent resolutions. The
position of the United Nations is, however, very different. The International Court of Justice is
the judicial organ of the United Nations. Moreover the General Assembly has by an
overwhelming majority repeatedly given its approval to the Opinion. This means that it is now
part of the law of the United Nations. As such the representative of the United Nations in the
Quartet - the Secretary-General or his representative - is in law obliged to be guided by the
Opinion and to endeavour in good faith to do his or her best to ensure compliance with the
Opinion. If the Secretary-General (or his representative) is politically unable to do so he has two
choices: either to withdraw from the Quartet or to explain to his constituency - “we the peoples
39
Ibid., para. 163.
40
See, for example, the draft text in A/62/L.21/Rev.1 adopted on 10 December 2007 which calls
on Israel to comply with the Advisory Opinion and on all States to comply with the legal
obligations mentioned in the Opinion.
41
HRC resolution 2/4 of 27 November 2006.
42
See, for example, the statement of the Quartet of 23 September 2007.
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