2025-05-21
Uti Possidetis And Israel’s Territory Claims: A Critique Of Vice President Sebutinde’s Dissenting Opinion
Case Review by Mahad Kisuze Mugaya
Abstract
Uti possidetis juris was historically developed to preserve colonial-era borders during decolonisation, ensuring territorial continuity and stability. However, its application to Israel’s territorial claims in the Occupied Palestinian Territory (OPT) remains contentious. This paper critically examines Vice President Julia Sebutinde’s dissent in the 2024 International Court of Justice Advisory Opinion, which invoked uti possidetis juris to justify Israel’s presence in the OPT. Through an analysis of its historical origins, legal precedents, and scope, the paper argues that Sebutinde’s interpretation is flawed as it misapplies uti possidetis beyond decolonisation, undermines Palestinian self-determination, and risks legitimising territorial acquisition by force. The paper further assesses the broader implications of her reasoning while exploring alternative legal and diplomatic pathways for resolving the Israel-Palestine dispute under international law.
Related Articles