Last updated on: 9/17/2015 | Author: ProCon.org

Nabil Elaraby, JSD Biography

Title:
Justice of the International Court of Justice (ICJ)
Position:
Pro to the question "Is a Two-State Solution (Israel and Palestine) an Acceptable Solution to the Israeli-Palestinian Conflict?"
Reasoning:

“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

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
Education:
  • 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
Other:
  • None found