| Title | Occupation, the OPT Advisory Opinion and the Obligation of Non-Recognition |
|---|---|
| Contributor | Yaël Ronen(author) |
| DOI | https://doi.org/10.59704/1bbe124e441defdd |
| Landing page | https://verfassungsblog.de/the-obligation-of-non-recognition-occupation-and-the-opt-advisory-opinion/ |
| License | https://creativecommons.org/licenses/by-sa/4.0/ |
| Publisher | Verfassungsblog |
| Published on | 2025-09-09 |
| Long abstract | In the OPT Advisory Opinion, the ICJ considered that Israel’s abuse of its position as an Occupying Power, through de jure and de facto annexation of the Occupied Palestinian Territory (OPT) and continued frustration of the right of the Palestinian people to self-determination, renders Israel’s presence in the OPT unlawful. In determining the legal consequences of this illegal presence, the Court held by a vote of 12:3, that all States are under an obligation “not to recognize as legal the situation arising from the unlawful presence of the State Israel in the Occupied Palestinian Territory”. This holding was not accompanied by any concretization in either the Advisory Opinion or any of the many declarations and separate opinions attached to it. |
| Language | English (Original) |