Five years have now passed since the International Court of Justice (ICJ) issued its 9 July 2004 Advisory Opinion on the Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory (oPt).
The Israeli Occupation Forces (IOF) commenced construction of this Separation Wall in the West Bank on 16 June 2002.
The Wall is now 700 kelometers in length and penetrates at various points 23 to 30 kilometers inside the West Bank.
The United Nations General Assembly (UNGA) was convinced to take action adopt a position rejecting the construction of the Wall and, after the United Nations Security Council (UNSC) failed to pass a resolution condemning its construction, the United Nations Secretary General was obliged, based on UNGA Resolution A/ES-10/L.
16 of 3 December 2009, to refer the issue of the Wall to the ICJ for an Advisory Opinion on its legality.
  The Advisory Opinion constituted a significant development in the course of the Palestinian struggle for their rights, as the Court upheld the principle of the right of the Palestinian people to self-determination in addition to rights arising from international humanitarian law (IHL) obligations as well as international human rights law.
The Court found Israel had breached its IHL obligations and that other States also have legal obligations with regard their treatment of Israeli breaches.
Al Mezan views this Advisory Opinion as crucially important following reasons:   1.
       The Court addressed the issue of the Wall from a legal standpoint in contrast to the stance taken by the international community which tends to politicize the Palestinian issue and fails to use international law principles to address systematic IOF violations of the rules of IHL perpetrated against the population of the oPt.
  2.
    The Court’s Opinion constitutes an authoritative legal decision that the international community, including the UNSC and the UNGA, is obliged to respect.
As such, the international community is obliged to take measures to compel Israel to halt construction of the Wall, dismantle sections already built and compensate Palestinians who have suffered damages.
Further, the ICJ Opinion stipulated that the UNSC and the UNGA are required to take measures to halt the construction of the Wall and dismantle sections built.
  3.
    The Opinion sets out clear rules related to the acts of the community of states, and especially the powerful states which assert that they protect international law and prevent its violation.
The Opinion sets clear obligations on third party states and international organizations, which are obliged not to aid Israel in constructing the Wall in any way or recognizing any changes emanating from its construction in the West Bank, including in and around East Jerusalem.
  4.
       The Court re-confirmed the status of the Palestinian territory as occupied territory and Israel as the occupying power and considered that Israel cannot rely on the right of self-defense to violate peremptory rules of international law.
This position has been rejected by Israel which has breached its IHL obligations, and especially its obligations under the Fourth Geneva Convention; a position that contravenes universal unanimity, as stipulated in the declaration of the Conference of the High Contracting Parties to the Fourth Geneva Convention affirmed its permanent application to the oPt and the frequent statements and resolutions of the Security Council and General Assembly.
  The United Nations Office for the Coordination of Humanitarian Affairs has found that when completed: ·         The length of the Wall will extend 723 kilometers - more than double the length of the Green Line - and 87 percent of the Wall will have been constructed inside the West Bank (including East Jerusalem) ·         The Wall will isolate around 9.
8 percent of the land of the West Bank, including East Jerusalem ·         Around 385,000 settlers will be living in 80 settlements located in the seam zone between the Green Line and the Wall ·         Around 35,000 Palestinians from the West Bank (excluding East Jerusalem) will be isolated in seam zones between the Wall and the Green Line in addition to around 250,000 residents of East Jerusalem ·         125,000 Palestinians living in 28 population centers will be surrounded by the Wall from three directions.
·         26,000 Palestinians living in 8 population centers will be surrounded by the Wall from four directions and connected to the rest of the West Bank by tunnels or a single road.
Israel’s construction of the Separation Wall not only alters the character of the oPt, but also makes impossible the establishment of a viable Palestinian state in exercise of their right to self-determination, as well as inflicting severe harm on Palestinian civilians and their property.
When the construction is complete, Israel will have seized 50 percent of land in the West Bank - around 165,000 dunams have already been taken – and created isolated enclaves which sever villages from their agricultural land and from nearby towns.
Already, the Wall has affected around 875,000 Palestinians through the confiscation of water resources and the prevention of tens of thousands of Palestinians from being able to access medical services, hospitals, schools and universities.
These facts indicate the political motives behind Israel's construction of this illegal Wall.
As the Court argued, Israel can build any structures to pursue its security on its own borders, but not on occupied territory.
Al Mezan Centre for Human Rights is gravely concerned about the failure of the international community – and especially the High Contracting Parties to the Fourth Geneva Convention - to address this issue, especially in light of the fact that the ICJ stressed the obligations of other States to not recognize the illegal situation resulting from the construction of the Wall in the oPt and not to render aid or assistance in maintaining the situation created by such construction.
  Al Mezan views that the continued construction of the Wall by the IOF, and its escalating forced displacement of the population of East Jerusalem – which will affect around 60,000 Palestinians if allowed to continue – is a direct result of the failure of the international community to uphold its legal obligations toward the population of the oPt, which emanate from IHL and customary international law.
Al Mezan stresses that the Palestinian National Authority has a duty to exert greater efforts aimed at realizing the implementation of the ICJ Opinion, and to seek to mobilise the international community to ensure respect of the Court's ruling and to advocate for the legitimate rights of the Palestinian people.
  Al Mezan emphasizes that the failure of the international community to hold Israel accountable for its illegal actions encourages it to step up continue to violate international law, as was seen in the latest Israeli operation against the Gaza Strip codenamed ‘Cast Lead.
’ During this invasion, the IOF killed 1409 persons including 355 children and 110 women.
The IOF also damaged or destroyed: 11,154 homes; 6271 dunums of agricultural land; 210 factories; 724 trade premises; 650 vehicles; 39 ambulances; 130 places of worship; 150 schools and educational centers;  and 18 medical centers.
In addition, UN premises were targeted and displaced persons killed inside UN premises flying the UN flag.
    In light of the above, Al Mezan calls on the international community to assume its legal duty to take immediate and urgent measures to compel Israel to halt the construction of the Wall and dismantle sections already constructed in accordance with the ICJ Opinion.
  Al Mezan also calls on the High Contracting Parties to the Fourth Geneva Convention to take urgent action to provide international protection to the population of the oPt and compel the IOF to respect its legal obligations under the Fourth Geneva Convention in its treatment of the Palestinian population and their property in the oPt.
  Further, Al Mezan calls for a halt to the politicization of the issue of the Wall, as well as other violations perpetrated by the IOF in the oPt, and to refrain from applying double standards of justice throughout the world.
      Ends