Yuval Shany, Amichai Cohen

Security Considerations, the Duty to End Belligerent Occupations and the ICJ Advisory Opinion on Israeli practices and policies in the Occupied Palestinian Territory

This contribution discusses three possible rationales for the Court’s rejection of the relevance of Israel’s security concerns: Lack of proof of serious and legitimate security concerns by Israel, the insufficiency of broad security concerns to justify the continued use of force, and the insufficiency of broad security concerns to deny realization of Palestinian self-determination. As long as international law doctrine on the duty to end a belligerent occupation despite the prevalence of serious security concerns remains contested, and as long as security conditions in the region remain extremely unstable, it is unlikely that a withdrawal will be deemed practicable

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