Ninth Anniversary of ICJ Advisory Opinion on the Construction of Israel’s Apartheid Wall
Nine years later, the International Court of Justice (ICJ) Advisory Opinion that deemed Israel's apartheid wall illegal and called for its removal has yet to be implemented. Israel and members of the international community, including the United Nations General Assembly and Security Council, respectively, have the responsibility of ensuring compliance.
According to the July 9, 2004 ICJ ruling, "Israel is under an obligation to terminate its breaches of international law," and "to cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated…"
It further affirms that Israel must "make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem."
However, Israel has failed to commit or to adhere to any of its obligations as outlined in the ICJ Advisory Opinion. Israel's apartheid wall which separates Palestinians from Palestinians and occupied East Jerusalem from the rest ofPalestine constitutes an immoral assault and a humanitarian tragedy that has inflicted great pain and suffering on the Palestinian people. For example, according to a 2012 United Nations Office for the Coordination of Humanitarian Affairs report, "the agricultural livelihoods of approximately 150 communities have been severely undermined" and Palestinians are forced to "obtain visitors permits or perform prior coordination" to access their areas.
It is therefore incumbent upon the United Nations and all its members to take immediate action, to rectify Israeli's ongoing breach of international and humanitarian law and to end Israeli impunity once and forall. As stated in the ICJ Advisory Opinion, 'all States parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.' Now is the time to uphold the integrity of the global rule of law and to bring Israeli violations and the occupation of Palestine to an immediate end.
Department brief
Palestine Liberation Organization
Department of Culture and Information
July 8, 2013