Declaration of Judge Brant

DECLARATION OF JUDGE BRANT
[Translation]
Agreement with the reasoning and conclusions of the Court  Violation by Israel of Article 3 of CERD  Racial segregation and apartheid — Evolutive interpretation — Constituent elements of apartheid — Fulfilment of the right of a people to self-determination impossible under racial segregation or apartheid — Cessation of international law violations needed to ensure peace and security of Israel and Palestine.

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.

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