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[p.428]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Articles 48 and 65 of the Statute of the Court and to
Articles 103 and 104f the Rules of Court,
Makes the following Order:
Whereas on 8 December 2003 the United Nations General Assembly adopted
resolution A/RES/ES-10/14, whereby it decided, pursuant to Article 65 of the
Statute of the Court, to request the International Court of Justice to give
an urgent advisory opinion on the following question:
“What are the legal consequences arising from the construction of [p 429]
the wall being built by Israel, the occupying Power, in the Occupied
Palestinian Territory, including in and around East Jerusalem, as described
in the report of the Secretary-General, considering the rules and principles
of international law, including the Fourth Geneva Convention of 1949, and
relevant Security Council and General Assembly resolutions?”;
Whereas certified true copies of the English and French texts of that
resolution, and of the report of the Secretary-General referred to therein
(A/ES-10/248) were transmitted to the Court under cover of a letter from the
Secretary-General of the United Nations dated 8 December 2003 and received
in the Registry by facsimile on 10 December 2003, the original thereof
having reached the Registry subsequently;
Whereas the Secretary-General indicated in his letter that, pursuant to
Article 65, paragraph 2, of the Statute, all documents likely to throw light
upon the question would be transmitted to the Court as soon as possible;
Whereas, in view of the fact that the General Assembly has requested that
the advisory opinion of the Court be rendered “urgently”, it is incumbent
upon the Court to take all necessary steps to accelerate the procedure, as
contemplated by Article 103 of its Rules,
1. Decides that the United Nations and its Member States are considered
likely, in accordance with Article 66, paragraph 2, of the Statute, to be
able to furnish information on all aspects raised by the question submitted
to the Court for advisory opinion; and fixes 30 January 2004 as the
time-limit within which they may submit to the Court written statements on
the question;
2. Decides further that, in light of General Assembly resolution A/RES/ES-10/14
and the report of the Secretary-General transmitted to the Court with the
request, and taking into account the fact that the General Assembly has
granted Palestine a special status of observer and that the latter is
co-sponsor of the draft resolution requesting the advisory opinion,
Palestine may also submit to the Court a written statement on the question
within the above time-limit;
3. Decides, in accordance with Article 66, paragraph 4, of the Statute and
Article 105 of the Rules of Court, to hold hearings during which oral
statements and comments may be presented to
the Court by the United Nations and its Member States, regardless of whether
or not they have submitted written statements; and fixes 23 February 2004 as
the date for the opening of the said hearings;
4. Decides further that, for the reasons set out above, Palestine may also
take part in the hearings due to open on 23 February 2004;
5. Invites the United Nations and its Member States, as well as [p 430]
Palestine, to inform the Registry, by 13 February 2004 at the latest, if
they are intending to take part in the above-mentioned hearings; and
Reserves the subsequent procedure for further decision.
Done in French and in English, the French text being authoritative, at the
Peace Palace, The Hague, this nineteenth day of December, two thousand and
three.
(Signed) SHI Jiuyong,
President.
(Signed) Philippe Couvreur,
Registrar.
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