In October 2003 the first year in the Permanent Representative of the Syrian Arab Republic and Chairman of the Arab Group at the United Nations at the time, sent a letter to the President of the UN Security Council calls upon the Council to consider the Israeli violations of international law and international humanitarian law (Treaty of the Hague in 1907 and the Fourth Geneva Convention of 1949) to Background direct the work of Israel building a wall of apartheid, based on the report submitted by a committee headed by John Dugard, the General Assembly of the United Nations has dispatched to consider the human rights situation in the Palestinian territories occupied since 1967, particularly the section on building the wall.
UN Security Council, as is the situation in each would examine the policy of Israel stood helpless because of barriers and obstacles, developed by the U.S. administration in its way. Thus was going to the United Nations General Assembly to consider those violations. In the context of this meeting was held Twenty-third of the emergency special session of the General Assembly in December of that year and decided, despite the opposition of the U.S. administration and the Government of Israel to ask the International Court of Justice to provide an advisory opinion on the legality of Israel building a wall on occupied Palestinian territories.
After deliberations was broken by political conflicts, diplomatic and legal maneuvers and witnessed frequent disruption of the body concerned was formed in the International Court of Justice. During the half year of hard work provided the Court advisory opinion, an opinion (fatwa), which came enhances what went Professor South African and international law professor John Dugard's report of the Commission on Human Rights at the United Nations, which is questionable when the nature of the security wall by the Israeli allegations and stressed Which represents a flagrant violation of human rights in the Palestinian territories, as confirmed that about 210 thousand Palestinian citizen will live in the area between the wall and the path between the Armistice Line in 1949 in complete isolation from schools and workplaces, clinics and health services and other social services, which also confirmed That Israel would govern through the wall control over Palestinian water resources. According to a report by John Dugard, "Israel built the wall will actually includes most of the Western system of aquifers, which includes 51 percent of the resources of West Bank water" and that the wall will be presented for destruction during the early stages of building an estimated one hundred thousand acres of fertile agricultural land In the West Bank and the wall will "introduce vandalized during the early stages of building an estimated one hundred thousand acres of fertile agricultural land in the West Bank and would squander and destroy large amounts of property and isolate the Palestinians from their agricultural lands, waters and groundwater means of livelihood."
International Court of Justice was thus standing in front of a specialist's opinion of international law professor known for his experience, competence and impartiality. If we add to this report, which addresses the issue of the wall in terms of the threat of attack clearly on human rights, all pleadings submitted by the bodies of Palestinian and other Arab and international around the wall, the result reached by the Court in its advisory opinion was completely unexpected. This opinion, which demanded the court from which the State of Israel to suspend construction of the wall and demolish what has been done to redress the damage caused by construction and demolition operations as well.
In determining the position of the wall would be useful to return to years ago to shed some light on the policy of the State of Israel in this context. Anyone here think that the idea of building the wall came in response to the events of the al-Aqsa intifada and independence, in the Palestinian territories after the failure of negotiations at Camp David II in 2000. Nothing to do with those events and begin the project of building the wall, no connection between the Defensive Shield "as the Israeli expression and the project of building the wall." Operation Defensive Shield "in 2002 should remind us that" the war in the safety of the Galilee "in 1982, as well as the Israeli expression. Architect of the Defensive Shield" and the war on the safety of the Galilee "is the same, that is Ariel Sharon, former Israeli Prime Minister." War of the safety of the Galilee "were clear In its goals, namely eradicating the Palestine Liberation Organization forces in Lebanon and directed by the Organization of the political equation in the search for a political settlement with the Palestinians self-rule under the administrative control of the population without the land. "Operation Defensive Wall", were not far from the objectives in the political objectives of war Safety of Galilee.
The war was the safety of settlements war to weaken the Palestinian partner and push for approval to engage in a political settlement based on autonomy Mohsen or more flexibility in the application of the draft administrative autonomy before, that process has come to restore to the Palestinian memory "map of the strategic interests of Israel, which put it on The agenda of the Government of Benjamin Netanyahu in 1997 by Ariel Sharon, as minister of infrastructure and Yitzhak Mordechai as minister of defense in that government. According to the map of interests that Israel keep its hands 63 percent of the West Bank, including security sector: the first offer of 7-10 metres deep in the territory West Bank along the Armistice Line in 1949 and the second a depth of 20 kilometres west of the Jordan River. At the time were not the idea of the wall had been crystallized in the policy of the Likud and the extreme right-wing parties, as they were lines of separation (streets and roads) and longitude is the dominant idea. Separation wall Racial in its current alternative is, in fact, the lines of separation in the interests Alastrtejih map, came to stand united largest parties in Israel, a Likud Party and Labor Party, the settlement project through the wall paints picture of the future political settlement with the Palestinian side.
Since the barrier, which Israel began building in June of 2002, at the height of the "war of the safety of settlements" or what Israel calls "Operation Defensive Shield" has come in the design and implementation steps reflect nature as the most dangerous phases of the Israeli expansionist settlement project, the Court of Justice International had not erred appreciation or objective in the advisory opinion issued in July of 2004, not only in the political side of the estimate or the legal aspect of it.
On the political side identified the ICJ advisory opinion that the West Bank including Jerusalem in June 1967 borders is an occupied territory and not disputed territories and the construction of the wall or the path specified in its tracks, which can be stabilized after an amendment puts a restriction on the right of the Palestinian people to self - Determination and the right to build their independent State of Palestine, a right protected by international legitimacy resolutions, including resolution No. 181 of the division in 1947, the right does not detract from its failure to perform in a timely manner or in later stages. Opinion here refute the novel Israeli and Israeli position on the identity of the land, which maintains the state of Israel by this wall, is in addition to being a territory occupied West Bank including Jerusalem, are also allocated land resolution 181 of the State of Palestine. This political aspect is very important in the ICJ advisory opinion, as well as its importance as well as in his legal status. Thus exceeded the legal aspect of the fatwa highlight the political aspect relates to the right of self-determination for the Palestinian people, which is trying to Israel by building the wall to impose broad restrictions it.
Beyond that, she has highlighted a fatwa Arab city of Jerusalem and its surroundings, so I decided contrast to the allegation and the Israeli annexation laws, issued by the Knesset, Jerusalem, which Israel built the wall on its territories and in the surroundings, are occupied territories. The Jerusalem as such graduated from the Prosecution Service as the capital of the state of Israel, and further decided that Israel is obliged under international humanitarian law and international human rights law guaranteeing freedom of access to holy places under its control, which hampered by the failure of other proceedings between the construction of the wall in Jerusalem and surroundings.
Is not easy to separate the political and legal aspects of the ICJ advisory opinion, however, can say that the fatwa in the legal aspect relating to the work of building the wall are clearly specified that the route of the wall, Israel has chosen not necessary and is not convincing to achieve the goals of a security wall, according to opinion Court, the highest judicial authority of the United Nations, is on track and regulations accompanying him is a serious attack on the rights of the Palestinians, can not justify the abuses resulting from the wall and the path of military necessity or the requirements of national security or public order Israeli-Israeli conflict.
It asked the International Court of Justice State of Israel to stop operations ongoing construction, demolition and removal of what has been done construction work as a flagrant violation of international law. It also demanded Israel as an occupying Power to provide compensation, or more precisely and craftsmen as fatwa, repairing the harm caused with construction and demolition operations together. Beyond that called advisory opinion of the International Tribunal and in particular the United Nations General Assembly and Security Council in search procedures must be done to end the illegal situation resulting from the construction of the wall and establishment of a register of damages to account for this purpose, as it called on all member countries of the United Nations and non-member non-recognition of the status - Legal resulting from the construction of the wall and to refrain completely from any political or diplomatic aid or material for the State of Israel in this regard. As for damages, which speaks of the ICJ advisory opinion, they are not confined to the damage to personnel or damage as physical and as, where talking paragraph 163 of the fatwa on (all) damage, which means the damage caused to individuals, government lands and territories of Awqaf and territory municipal councils And local, provincial and communal land, pastures and natural resources, particularly water sources and public property and infrastructure and those that sustained social and health services, educational and other
The United Nations suspended by the General Assembly in more than one occasion in front of Israel's policy and the ICJ advisory opinion. That was in January the first of the year 2003 and in July of the year 2004 as decided to adopt the Court's opinion in a vote of 150 in December of 2006 where a majority of 164 decided to establish the Office of the State Register of Accounting and irreparable damage.
Despite this, Israel continues the policy of the Department Noon of the United Nations and the international community and continue to advance the wall on Palestinian land. According to estimates by international organizations and bodies, including those affiliated to the United Nations Office for the Coordination of Humanitarian Affairs (Oca), as well as UNRWA, Israel has completed 66 percent of the building wall, while work continued on 10 percent under construction as of the length of about 723 kilometres , Equivalent to twice the length of the borders in June 1967
According to these estimates, 35 thousand citizens with West Bank identity cards, residing in 35 population groups find themselves caught between the wall of the armistice line in 1949, in addition to about 250 thousand of Palestinian citizens in Jerusalem and its surroundings, which means that the wall will isolate approximately 285 thousand Palestinian citizen From the West Bank, as well as the regulations governing the besieging about 125 thousand citizens residing in 28 gatherings of Scania three quarters and about 26 thousand citizens residing in 8 localities of the four quarters, and regulations governing other to express themselves about half of gate 66 needed to permit the movement Of the occupying forces to allow the citizens pass.
This is the reality of the wall, that wall of annexation, expansion and rightly considered the most dangerous phases of the expansionist settlement project, implemented by Israel on West Bank territory, including Jerusalem, which intends to lay hands on some 22 percent of the area of the West Bank and exert full control over the Palestinian groundwater basins, with the exception of Basin in the northeastern governorate of Jenin, which is less important. In addition to the wall in the West unequivocally, a wall of invisible, there is another invisible barrier on the eastern border of the West Bank a depth of between 15-20 kilometers isolate areas of the Jordan Valley a series of military orders and control systems, which enable Israel to lay hands on as well as about 23 percent of West Bank territory, in clear measures aimed at shaping a political settlement, which Israel is trying to impose on the Palestinian people, the picture itself, which reflected the maps presented by the Israeli side in the current negotiations between the Palestinian and Israeli sides, which is imposed on the Palestinian leadership work in Three directions: first to provide all forms of support to the broad popular movements against the wall and providing elements of steadfastness of the citizens and to deal with areas of the wall as areas to develop first class, and the second review of the policy negotiating with the Government of Israel and stop contact with it until it stops the government from continuing its settlement activities and building works Wall and respect their obligations in this regard and is committed to the implementation of the ICJ advisory opinion, and the third and pressure continue to work through the United Nations Office on record damage to relocate its headquarters from Vienna / Austria to the Palestinian territories and proceed without hesitation to limit damage to the wall, which is pursuing the Palestinian National Register of damage Wall according to its mandate in the presidential decree was issued one year ago.
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