Articles for category: ICJ

Klarheit aus Den Haag

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Am 23. Juli 2025 verkündete der Internationale Gerichtshof (IGH) sein lange erwartetes Gutachten zu den „Pflichten der Staaten in Bezug auf den Klimawandel“. Darin bestätigte das Gericht, dass Staaten nach geltendem Völkerrecht verpflichtet sind, erhebliche Schäden am Klimasystem zu verhindern. Kommen sie dieser Pflicht nicht nach, können sie haftbar gemacht werden. Das Gutachten hat tiefgreifende Konsequenzen für Produzenten fossiler Energieträger und zieht zudem erhebliche Auswirkungen auf das internationale Investitionsrecht nach sich.

8. August 2025

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Respect for International Law in Gaza

Since October 2023, a group of eminent Israeli international law scholars has written numerous letters and memos expressing concerns over many aspects of the Gaza war. Given the importance of these documents both in doctrinal terms and in highlighting the work of these colleagues, we have asked to publish them. So far, only one of the letters has been officially published. Readers interested in more detail can access the full text of the respective documents, which are hyperlinked and archived on Verfassungsblog.

23. Juli 2025

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The Status of the Right to a Clean, Healthy and Sustainable Environment Under Customary International Law

The recognition of a right to a clean, healthy, and sustainable environment remains contested under customary international law. Some view recent UN resolutions as evidence of its emergence, while others argue they merely reinforce existing obligations. The Human Rights Council and General Assembly have acknowledged this right, but states differ on its legal impact. As the International Court of Justice examines the issue, the focus is shifting from recognition to implementation, with institutions now working to monitor and enforce environmental human rights.

4. April 2025

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Apartheid or Systemic Discrimination?

This contribution argues that, reading between the lines, the expression “systemic discrimination”, which the Court referred to in para. 223 of the Advisory Opinion, was used as a synonym for “apartheid”, even though the Court did not link this description to a breach of Article 3 of the Convention on the Elimination of All Forms of Racial Discrimination, but there does not appear to be any substantial difference between apartheid and systemic discrimination. This is because the word systemic is associated with crimes against humanity which is how apartheid is defined as a crime in international law.

17. Oktober 2024

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The Obligation of Non-recognition, Occupation and the OPT Advisory Opinion

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.

14. Oktober 2024

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The Legality of the Occupation and the Problem of Double Effect

The conflict between Israel and Palestine, or more accurately, between the two Peoples, has persisted for over a century. A tragic reminder of the unbearable costs of this conflict is the deadly October 7 attack by Hamas on Israel, and the ensuing war, which has led to horrific consequences, with thousands of Israelis and Palestinians killed, many severely injured, and extensive damage to the civilian infrastructure in the Gaza Strip. In these circumstances, an important question arises: what role should international law and international tribunals play in mitigating the grave harm to all those involved in the conflict?

10. Oktober 2024

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The principle of uti possidetis juris and the borders of Israel

The principle uti possidetis juris, raised in the Dissenting Opinion of Vice-President Sebutinde and according to which a new State established in formerly colonial territory inherits the former (colonial) borders is untenable in the situation of Israel. The reason is that at the time of independence Israel’s leaders accepted the principle of partition. No claim was made then or subsequently that the State of Israel inherited the borders of Mandatory Palestine and legislative acts reveal that Israel even regarded territories not within the UN Partition Plan borders as occupied territory.

9. Oktober 2024

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The 2024 ICJ Advisory Opinion on the Occupied Palestinian Territory – An Introduction

The Advisory Opinion of the International Court of Justice (ICJ) on the "Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem" was a groundbreaking moment in international law. It has consequences not only for Israel, but also for third States, as well as international and regional organizations, in terms of non-recognition and non-cooperation. In this blog symposium, Palestinian, Israeli, and other scholars take stock of the Advisory Opinion and its regional and global impact.

9. Oktober 2024

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