Declaration of Judge Charlesworth

DECLARATION OF JUDGE CHARLESWORTH
Multiple and intersectional discrimination  Discriminatory effect of Israel’s measures on women and on children.
Legality of Israel’s effective control of the Occupied Palestinian Territory  Legal bases for the use of force  Relationship between security threats and armed attack  Right to self-defence  Necessity and proportionality.
1. I agree with the Court’s replies to the questions posed by the General Assembly. In this declaration, I address two issues in the Advisory Opinion where I think that more detailed reasoning is desirable.

Separate opinion of Judge Nolte

SEPARATE OPINION OF JUDGE NOLTE
Factual and legal scope of the Court’s analysis  Differences between advisory proceedings and contentious proceedings  Definition of apartheid  Racial segregation and apartheid  Qualified subjective element as part of the prohibitions of apartheid and racial segregation  Insufficient information before the Court to observe that Article 3 of CERD has been breached.

Declaration of Judge Xue

DECLARATION OF JUDGE XUE
1. I voted in favour of all paragraphs in the operative part of the Opinion. I generally agree with the reasoning and conclusions reached by the Court. In this declaration, I wish to clarify a few points with regard to the application of the principle of self-determination in the present case.

Declaration of President Salam

DECLARATION OF PRESIDENT SALAM
[Original English text]
Agreement with the Court’s reasoning and conclusions in the present Advisory Opinion  Israel aware since 1967 of the unlawful nature of its settlement policy  Israeli discriminatory policies and practices tantamount to apartheid  Question of the ab initio unlawfulness of the occupation  Effects of resolution 181 (II) and its legal consequences for Israel  Modalities of reparation arising from Israel’s violations  Need for concrete action by the United Nations  Role of the Court and the achievement of peace through law.

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