Ref: 87/2009
Date: 8 July 2009
Time: 11:00 GMT
On 5th Anniversary of ICJ Advisory
Opinion on ‘The Wall’ PCHR Highlight Israel’s Continued Violations of
International Law, and the International Community’s Complicity in
Illegal Acts
9 July 2009 marks the
five year anniversary of the International Court of Justice’s (ICJ)
landmark Advisory Opinion on ‘the Legal Consequences of the Construction
of a Wall in the Occupied Palestinian Territory.’ This Advisory Opinion
marked the first time that the ICJ turned its attention to the
Israel-Palestine conflict.
In its Advisory Opinion,
which represents an authoritative interpretation of international law,
the ICJ held, inter alia, that: the construction of the Wall and its
associated administrative regime are illegal and amount to de facto
annexation; the Wall violates Palestinians’ legitimate right to self
determination; the Wall must be dismantled, and reparation made to
affected Palestinians; all States are under an obligation not to
recognize the illegal situation resulting from the Wall, and not to
render aid or assistance in maintaining the resultant illegal situation.
On the five year
anniversary of the Advisory Opinion, The Palestinian Centre for Human
Rights (PCHR) wish to highlight the continued construction of the Wall
in occupied Palestinian territory, Israel’s continued violations of
international law, and the international community’s inaction as regards
the obligations to ensure respect for international law and not to
recognize the situation created by Israel’s illegal acts.
To date approximately
406 kilometers of the Wall have been constructed, while 42 kilometers
are in construction. When complete the illegal Wall will stretch for
approximately 770 kilometers,[1]
trapping approximately 237,000 Palestinians between the Wall and the
1967 borders (the Green Line), and confining approximately 160,000
Palestinians in isolated enclaves with limited access to the outside
world. As noted by the ICJ, the Wall has a devastating impact on
Palestinian’s fundamental human rights, including the right to freedom
of movement, the right to health, the right to work, the right to
education, and the right to the highest attainable standard of living.
Ultimately, the Wall, and Israel’s longstanding occupation policy, deny
the Palestinians’ right to self-determination, a fundamental right
enshrined in the UN Charter and numerous human rights treaties.
Despite the ruling of
the ICJ, construction of the illegal Wall continues. Israel continues to
annex Palestinian land, and to destroy lives and livelihoods.
Palestinian civilians continue to suffer the consequences.
The ICJ ruled that, in
accordance with inter alia common Article 1 of the Four Geneva
Conventions of 1949, all States are under an obligation to ensure
Israel’s compliance with international law. Additionally, States are
under a legal obligation “not to render aid or assistance in maintaining
the situation created” by the construction of the Wall.
Five years after the ICJ
Advisory Opinion, Israel has yet to be held to account for its
widespread and systematic violations of international law, including the
continued construction of the Wall, and international aid continues to
flow to the State of Israel. For example, the United States continues to
extend significant financial and military aid to the State of Israel,
absent any human rights based conditionality, while the EU has failed to
enact the human rights clause contained within Article 2 of the EU-Israel
Association Agreement.
The international
community’s continued support for Israel in the face of the State’s
widespread violations of international law is a direct violation of the
obligation to ensure respect for international law. This continued
support is tantamount to complicity. By continuing to support Israel, or
by turning a blind eye to its illegal acts, the international community
is contributing to a pervasive climate of impunity. As long as impunity
continues to be granted, Israel will continue to violate international
law; Palestinian civilians will continue to suffer the horrific
consequences.
This impunity manifests
itself in numerous violations of international law which extend beyond
the construction of the Wall. Israel continues to violate international
humanitarian law in its attacks on Palestinians, as dramatically
highlighted by the recent offensive on the Gaza Strip. Israel continues
to demolish Palestinian homes in East Jerusalem in an attempt to further
consolidate the city’s annexation. Israel continues to impose a strict
closure on the occupied Palestinian territory, including the closure of
the Gaza Strip, a form of collective punishment which has now been in
place for more than two consecutive years. On a daily basis, Israeli
forces subject Palestinians to degrading and humiliating treatment,
exercising control over the most mundane aspects of daily life, and
violating these individuals’ fundamental right to human dignity.
The combined effects of
Israel’s illegal actions are catastrophic: Palestinians are denied the
most basic of human rights, and forced to live in a humanitarian
emergency amid rising levels of unemployment and poverty.
PCHR wish to highlight
the ICJ finding that “the Israeli settlements in the Occupied
Palestinian Territory (including East Jerusalem) have been established
in breach of international law.” The Court further held that, “the route
chosen for the wall gives expression in loco to the illegal measures
taken by Israel with regard to Jerusalem and the settlements”; the Wall
is intended to support Israel’s illegal settlement project.
International attention
has returned to Israel’s settlement project in recent weeks. PCHR stress
the fundamental illegality of the settlements, and their disastrous
impact on Palestinians right to self determination, and other
fundamental human rights.
PCHR affirm that
political considerations cannot be prioritized over international law
and individual’s legitimate rights. PCHR firmly believe that, although
legal questions may have political overtones, the only possibility for a
just and sustainable peace lies in a solution based on international
law. All States must fulfill their international obligations, and hold
the State of Israel accountable for its illegal acts. Civilians must be
afforded the legal protections that are their right.
Significant findings of
the ICJ:
· The Wall and the
associated administrative regime violate Palestinian’s fundamental right
to self-determination
· The International
Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, and the Convention on the Rights
of the Child, remain applicable to Israel’s actions in the occupied
Palestinian territory
· The Wall must be
dismantled, and reparation made to its victims.
· The State of
Israel is not entitled to invoke Article 51 of the UN Charter (the right
to self defense) with respect to the occupied Palestinian territory.
