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Legal Consequences

LEGAL CONSEQUENCES ARISING FROM THE POLICIES AND PRACTICES
OF ISRAEL IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM

CHRONOLOGY OF THE PROCEDURE 1-21
I. JURISDICTION AND DISCRETION 22-50
A. Jurisdiction 23-29
B. Discretion 30-49
1. Whether the request relates to a dispute between two parties,
one of which has not consented to the jurisdiction of the Court 33-35
2. Whether the Court’s opinion would assist the General
Assembly in the performance of its functions 36-37
3. Whether the Court’s opinion may undermine the negotiation
process between Israel and Palestine 38-40
4. Whether an advisory opinion would be detrimental to the
work of the Security Council 41-43
5. Whether the Court has sufficient information to enable it to
give an advisory opinion 44-47
6. Whether the questions are formulated in a biased manner 48-49
II. GENERAL CONTEXT 51-71
III. SCOPE AND MEANING OF THE QUESTIONS POSED BY THE GENERAL
ASSEMBLY 72-83
IV. APPLICABLE LAW 84-102
V. ISRAEL’S POLICIES AND PRACTICES IN THE OCCUPIED PALESTINIAN
TERRITORY 103-243
A. The question of the prolonged occupation 104-110
B. Settlement policy 111-156
1. Overview 111-114
2. Transfer of civilian population 115-119
3. Confiscation or requisitioning of land 120-123
4. Exploitation of natural resources 124-133
5. Extension of Israeli law 134-141
6. Forced displacement of the Palestinian population 142-147
7. Violence against Palestinians 148-154
8. Conclusion on Israel’s settlement policy 155-156
– ii –
C. The question of the annexation of the Occupied Palestinian
Territory 157-179
1. The concept of annexation 158-161
2. Acts by Israel amounting to annexation 162-173
3. The prohibition of the acquisition of territory by force 174-179
D. The question of discriminatory legislation and measures 180-229
1. The scope of question (a) 180-184
2. The concept of discrimination 185-191
3. Residence permit policy 192-197
4. Restrictions on movement 198-206
5. Demolition of property 207-222
(a) Punitive demolitions 208-213
(b) Demolitions for lack of building permit 214-222
6. Conclusion on Israel’s discriminatory legislation and
measures 223-229
E. The question of self-determination 230-243
VI. EFFECTS OF ISRAEL’S POLICIES AND PRACTICES ON THE LEGAL STATUS
OF THE OCCUPATION 244-264
A. The scope of the first part of question (b) and applicable law 244-251
B. The manner in which Israeli policies and practices affect the legal
status of the occupation 252-258
C. The legality of the continued presence of Israel in the Occupied
Palestinian Territory 259-264
VII. LEGAL CONSEQUENCES ARISING FROM ISRAEL’S POLICIES AND
PRACTICES AND FROM THE ILLEGALITY OF ISRAEL’S CONTINUED
PRESENCE IN THE OCCUPIED PALESTINIAN TERRITORY 265-283
A. Legal consequences for Israel 267-272
B. Legal consequences for other States 273-279
C. Legal consequences for the United Nations 280-283
OPERATIVE CLAUSE

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