This Article offers a critique of the decision reached by Israel’s High Court of Justice in the Mara’abe Case (2005) as well as some aspects of the International Court of Justice’s Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004). The Article takes a socio-legal and facts-based approach to analyzing the decisions’ discussions of settlements, self-determination, and self-defense, examining all three topics in light of several recent legal and political developments.
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