Thursday, May 5, 2011

The Separation Wall

On 8 December 2003, in accordance with the UN Charter, and the Statute of the International Court of Justice (ICJ), the General Assembly of the United Nations adopted, at its 10th Emergency Special Session, resolution ES-10/14 requesting the ICJ to give an Advisory Opinion concerning the following question:

“What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?”

Responding to the request, the ICJ rendered its Advisory Opinion on 9 July 2004, the full text of which can be viewed by clicking here.

The Court concluded, inter alia, that:
Paragraph 163 of the Advisory Opinion:

...

3)  A. The Construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated régime, are contrary to international law. (By fourteen votes to one)

B. 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, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto, in accordance with paragraph 151 of this Opinion. (By fourteen votes to one)

C. Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem. (By fourteen votes to one)


Gabriel Helou

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