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Ref: 111/2004

Date: 22 July 2004

Time: 10:30 GMT

PCHR Welcomes UN General Assembly Resolution That Orders Halt the Annexation Wall

PCHR welcomes a United Nations General Assembly resolution adopting the advisory opinion issued by the International Court of Justice in Hague, which considered that the wall being constructed by Israel in the OPTs, including Jerusalem, violates international law, and decided that Israel is obliged to stop the construction of the wall, tear down the sections already constructed and compensate Palestinians harmed during the construction of the wall.  PCHR considers this resolution another triumph for international law following the initial triumph of referring the case of the wall to the International Court of Justice to give an advisory opinion. 

While it welcomes this resolution, PCHR would like to draw the attention that UN bodies are responsible to take all necessary steps to ensure Israel’s commitment to international law and legitimacy. 

On Tuesday, 21 July 2004, The U.N. General Assembly overwhelmingly approved a resolution demanding that Israel halt construction of annexation wall inside Palestinian West Bank lands.  150 States, including the EU States voted in favor with the resolution, 10 abstained and 6 voted against.  

The International Court of Justice issued, on 9 July 2004, its advisory opinion regarding the legal consequences of the wall.  The Court ruled the wall being constructed by Israel in the OPTs, including Jerusalem, violates international law.  The court also decided that Israel is obliged to stop its violations of international law, stop the construction of the wall, tear down the sections already constructed, abolish all relevant legislations and orders and compensate Palestinians harmed during the construction of the wall.  The Court stated that “all States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction.” 

The construction of the annexation wall is illegal since an occupying power is prohibited under the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949 from appropriating land in the territory it occupies, changing the geographical nature of that territory or harming inhabitants of that territory or their interests.

PCHR believes that the UN General Assembly resolution constitutes a referendum on the reality of the international community’s position towards occupation, settlement, land confiscation and the construction of the annexation wall, for which large areas of Palestinian land have been confiscated.  

PCHR welcomes the EU States’ voting in favor with the resolution, hoping that this step constitutes an indicator to a new approach based on activation of their role, adherence to international law and taking steps to force Israel to comply with international law. 

As Israel has continued to construct the annexation wall and declared that it would not comply with the International Court of Justice ruling in this regard, and while the United States insists to support Israel, PCHR calls upon the High Contracting Parties to the Fourth Geneva Convention to take all necessary measures to force Israel to comply with the international will and legitimacy. 

PCHR asserts that silence towards Israel’s challenge for the international community’s will and international humanitarian law and human rights law can only serve to encourage Israel to act as a state above law and perpetrate more violations without being accountable.  So, PCHR calls upon the international community to fulfill its legal and moral obligations and ensure Israel’s respect for international law.  

Public Document

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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: [email protected], Webpage http://www.pchrgaza.org