PALESTINIAN CENTRE FOR HUMAN RIGHTS

PRESS RELEASE

 Ref: 167/2003

Date: 09 December 2003

PCHR Welcomes GA Decision to Refer Issue of West Bank Barrier to International Court of Justice

PCHR welcomes yesterdays decision by the United Nations General Assembly to refer the issue of the legality of Israel's so-called "Security Fence" to the International Court of Justice.

 The resolution, adopted by 90 votes in favour, with 74 abstentions, asks the International Court of Justice to issue an advisory opinion on the legal consequences of Israel's construction of the "Security Fence" in the occupied West Bank.  Most of the European Union states, including the United Kingdom, abstained from voting.  The United States, Israel and Australia were among the 8 votes against the resolution.

 The resolution had been called for by various Arab states following the publication of a report on the barrier by UN Secretary General Kofi Annan last month, in which he stated that the Israel "is not in compliance with the Assembly's demand that it 'stop and reverse the construction of the wall in the Occupied Palestinian Territory'".  The Secretary General was required to report on the implementation of General Assembly Resolution ES-10/13 of 21 October 2003 which called upon Israel to halt and dismantle construction of the barrier on land in the OPTs.  Annan's report further concluded that the "only through a just, comprehensive and lasting peace settlement based on Security Council Resolutions 242 (1967) and 338 (1973) can the security of both Palestinians and Israelis be assured."

 PCHR welcomes the adoption of this resolution as a clear indication from the international community that the rule of law is fundamental in addressing the issue of Israel and Palestine.  However, PCHR notes with bitter regret the failure of EU states to support this call for respect for international law.  In abstaining from this resolution, these states have further undermined the rule of law, and have once again demonstrated their consistent policy of subjugating the fundamental principles of international law in favour of political interests.  This failure to take concrete action to ensure a halt to Israel's ongoing violations of international human rights and humanitarian law stands in clear breach of their obligations as High Contracting Parties to the Fourth Geneva Convention.  Article 1 of the Convention requires that states take measures to "ensure respect for the Convention in all circumstances".  Article 146 further requires states to take "measures necessary for the suppression of all acts contrary to the provisions of the present Convention" and to search for and prosecute those responsible for grave breaches of the Convention.  PCHR further expresses its disappointment at this latest attempt by the United States to actively halt efforts aimed at ensuring the implementation of international law in the region.

 PCHR has repeatedly reiterated its position that a fair and just resolution for all cannot be achieved in the absence of international law.  A sustainable peace can only be achieved through the implementation of the rule of law, respect for human rights and democratic principles.  This request for an advisory opinion from the International Court of Justice is a first step towards realizing these principles.  We hope that the remainder of the international community will recognize the importance of this step and support further moves towards implementing the rule of law in the region. Yesterday's decision is particularly pertinent in light of the celebration, tomorrow, 10 December, of the anniversary of the Universal Declaration of Human Rights. 

Public Document

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