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ICJ ADVISORY OPINION ON THE WALL|| PALESTINE

ICJ ADVISORY OPINION ON THE WALL|| PALESTINE

 

FACTS

  • The Secretary-General of the United Nations communicated to the ICJ the decision taken by the United Nations General Assembly on resolution ES-10/14 the request for an advisory opinion.

 

ISSUE

  • 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?

 

HELD

  • The principle of self-determination entails that all people have the right to freely determine, without external interference, their political status and to pursue their economic, social and cultural development.
  • Enshrined in the United Nations Charter and reaffirmed by the General Assembly in resolution 2625 - Every State has the duty to refrain from any forcible action which deprives peoples referred to of their right to self-determination.”
  • ICCPR and IESCR have reaffirmed the right of all peoples to self-determination - obligation to promote the realisation of that right and to respect it, in conformity with the provisions of the United Nations Charter.
  • Self-determination is today a right erga ones - (East Timor (Portugal v. Australia), Judgement.
  • The Court rejected Israel’s assertion that the wall is a temporary security barrier without any political significance - could become permanent and would tantamount to de facto annexation.
  • Article 49 of the Fourth Geneva Convention provides: "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” - wall’s route has been traced in such a way as to include within that area the great majority of the Israeli settlements in the occupied Palestinian Territory.
  • Risk of further alterations to the demographic composition of the Occupied Territory resulting - it leads to a departure of the Palestinian population from certain areas.
  • Impeded the liberty of movement of the inhabitants (ICCPR) and their exercise of the right to work, to health, to education and to an adequate standard of living (ICESCR and Convention on the Rights of the Child) - severely impedes the exercise by the Palestinian people of its right to self-determination, and is a breach of Israel's obligation to respect that right.
  • All States are under an obligation not to recognise the illegal situation and to not render aid or assistance in maintaining the situation created by such construction.