International Court of Justice, “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory”, ADVISORY OPINION OF 9 JULY 2004, paragraph 139.

” Under the terms of Article 51 of the Charter of the United Nations:

«Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.»

Article 51 of the Charter thus recognizes the existence of an inherent right of self-defence in the case of armed attack by one State against another State. However, Israel does not claim that the attacks against it are imputable to a foreign State.

The Court also notes that Israel exercises control in the Occupied Palestinian Territory and that, as Israel itself states, the threat which it regards as justifying the construction of the wall originates within, and not outside, that territory. The situation is thus different from that con templated by Security Council resolutions 1368 (2001) and 1373 (201l), and therefore lsrael could not in any event invoke those resolutions in support of its claim to be exercising a right of self-defence.

Consequently, the Court concludes that Article 51 of the Charter has no relevance in this case.