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Wednesday, July 18, 2012

Al Haq: Legal Memorandum on State Responsibility in Relation to Israel’s Illegal Settlement Enterprise

Al-Haq is pleased to announce the publication of “State Responsibility in Connection with Israel’s Illegal Settlement Enterprise in the Occupied Palestinian Territory.” The new legal memorandum analyses the concept of State responsibility under customary international law and examines the recommendations of the 2004 International Court of Justice (ICJ) Advisory Opinion on the Legal Consequences of the Construction of a Wall in the OPT (Advisory Opinion on the Wall) as guided by the International Law Commission Draft Articles on State Responsibility for Internationally Wrongful Acts of 2001 (ILC Articles).

The paper argues that the Advisory Opinion on the Wall represents the most appropriate and authoritative legal framework for the analysis of the nature of Israel’s international breaches and the legal consequences resulting from its settlement project. The Advisory Opinion on the Wall does so by establishing a broad legal foundation for Israel and Third State Party’s obligations which is based not only on international humanitarian law provisions, but also on human rights treaties and customary humanitarian and human rights law.

Summary
http://www.alhaq.org/advocacy/topics/settlements-and-settler-violence/603-legal-memorandum-on-state-responsibility-in-relation-to-israels-illegal-settlement-enterprise-

Full Report - 36 pages
http://www.alhaq.org/images/stories/PDF/2012/Legal_Memo_State_Responsibility_FINAL_16_07.pdf

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