On Friday July 9, 2004, the International Court of Justice (ICJ) delivered its advisory opinion (hereinafter Opinion) that the separation wall being built by Israel in the West Bank is in breach of international law.
This wall, which Israel started building on June 16, 2002, was designed to reach 700 kilometers in length, and at points to reach between 23 and 300 kilometers beyond the 1967 Green Line inside Palestinian West Bank territory.
The Court’s Opinion comes after the United Nations Security Council (UNSC) failed to reach a final decision on the wall, after which the United Nations General Assembly (UNGA) issued its resolution of 3 December 2003 (A/ES-10/L.
16), calling on the ICJ to provide an advisory opinion on the case.
The Court convened for a hearing session on April 23, 2004, and gave its Opinion yesterday.
In its Opinion the Court said that “Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, [and] to dismantle forthwith the structure therein situated".
It also stated that "the United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall.
" In addition, it asked Israel to demolish the wall and to compensate those Palestinians who have been harmed by its construction.
Al Mezan Center for Human Rights welcomes this Opinion, which asserts the principles of international and humanitarian law, especially the Fourth Geneva Convention, according to which the construction of this wall is a serious breach.
Al Mezan considers this ruling very important and highlights the following: The ICJ has considered the construction of the wall from the viewpoint of international law, contrary to the stance taken by other international bodies that have historically politicized the Palestine/Israel issue.
Especially as the ICJ is considered the highest international judicial body, the Court’s Opinion constitutes an authoritative legal decision that the international community, including the UNSC and the UNGA, should respect.
As such, the international community should now take the necessary steps to compel Israel to halt construction of the wall, destroy those sections already built and compensate those civilians who have been harmed by it.
The Opinion is expected to influence the States Parties to the United Nations to refrain from providing aid to Israel for the construction of this wall, in particular since there is an obligation upon these Parties to uphold international law.
The Court refused to accept the legitimacy of all de facto consequences of the construction of the wall, and in addition called on the international community not to recognize these consequences.
The Opinion reaffirmed the legal status of the Palestinian territories, including East Jerusalem, as ‘occupied territories’.
Israel has refused to recognize this status for decades in order to avoid complying with the Fourth Geneva Convention, in spite of the international community’s firm stand on the applicability of the Convention in the OPT.
It should be emphasized here that Israel’s construction of this wall not only changes the character of the OPT, but also makes a ‘viable’ Palestinian state impossible, in addition to the severe harm it causes Palestinian civilians.
Should the construction of the wall finish, Israel will have seized 50% of West Bank territory and created isolated Palestinian zones, thus cutting off communities from each other and from essential services.
The Center also emphasizes the fact that the separation wall, as the Opinion also states, ‘could become tantamount to annexation of Palestinian land if it is completed’, and that it impedes the Palestinian's right to self-rule.
As such, Al Mezan calls upon the international community to take all necessary steps under international law to abide by the ICJ’s Opinion and to compel Israel to stop construction of the illegal wall and demolish the sections already constructed inside the OPT.
The Center also calls upon the High Contracting Parties to the Fourth Geneva Convention to immediately intervene and ensure Israel’s occupation forces abide by the provisions of the Convention in their dealings with Palestinian civilians and their property.
The international community has a legal and moral obligation to hold the High Contracting Parties to account in this regard.
The international community is called upon to cease the politicization and double standards in dealing with the Palestinian cause.
Justice cannot be one-sided or partisan.
The ICJ’s Opinion in the wall case should become a turning point in the position of the international community, including the High Contracting Parties to the Fourth Geneva Convention and the different United Nations bodies.
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