Justice of the International Court of Justice (ICJ)
Pro to the question "Is a Two-State Solution (Israel and Palestine) an Acceptable Solution to the Israeli-Palestinian Conflict?"
"In the course of its 37-year lifespan, Security Council resolution 242 has been both praised and vilified. Yet detractors and supporters alike agree that the balance in its provisions represent the only acceptable basis for establishing a viable and just peace. The Security Council, in the aftermath of the 1973 armed conflict, adopted resolution 338 (1973), which called upon the parties to start immediately after the ceasefire 'the immediate implementation of 242 (1967) in all of its parts.' The obligations emanating from these resolutions are obligations of result of paramount importance. They are synallagmatic obligations in which the obligation of each party constitutes the raison d’être of the obligation of the other. It is legally wrong and politically unsound to transform this obligation of result into a mere obligation of means, confining it to a negotiating process. Any attempt to tamper with such solemn obligation would not contribute to an outcome based on a solid foundation of law and justice.
The establishment of 'a just and lasting peace,' as called for in Security Council resolution 242, necessitates the full implementation of the corresponding obligations by the two parties. The Advisory Opinion should herald a new era as the first concrete manifestation of a meaningful administration of justice related to Palestine. It is hoped that it will provide the impetus to steer and direct the long-dormant quest for a just peace."
Separate Opinion of Judge Elaraby, ICJ Advisory Opinion: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, July 9, 2004
Experts Members of Congress, Ambassadors, Consul Generals, heads of government, heads of major government organizations, members of legislative bodies, and PhD's with significant involvement in, or related to, the Palestinian - Israeli conflict. [Note: Experts definition varies by site.]
Involvement and Affiliations:
Justice, International Court of Justice, 2001-present
Legal Adviser and Director, Legal and Treaties Department, Ministry of Foreign Affairs, Cairo, 1976-1978, 1983-1987
Agent of the Egyptian Government to the Egyptian-Israeli arbitration tribunal (Taba border dispute), 1986-1988
Head of the Egyptian delegation to the Taba border negotiations, 1985-1989
Legal Adviser to the Egyptian delegation to the Camp David Middle East peace conference, 1978
Legal Adviser to the Egyptian delegation to the United Nations Geneva Middle East peace conference following the 1973 war, 1973-1975
Member, Governing Board of the Stockholm International Peace Research Institute
Member, International Law Commission of the United Nations, 1994-2001
Member of the Board, Cairo Regional Centre for International Commercial Arbitration.
Member of the Board, Egyptian Society of International Law
Member of the World Intellectual Property Organization Arbitration and Mediation Centre List of Neutrals
JSD, Doctor of Juridical Science, New York University Law School, 1971
LLM, International Law, New York University Law School, 1969
License en Droit, Faculty of Law, Cairo University, 1955
Phone: None found Fax: None found Email: None found Website:www.icj-cij.org