[News] International Court of Justice rules wall illegal

[News at freedomarchives.org]

Media Release: International Court of Justice rules wall illegal
Issued by the Palestine Solidarity Committee
9 July 2004

The International Court of Justice Declares: THE WALL IS ILLEGAL!
Palestine Demands: Immediate Sanctions and Boycott of Apartheid
Israel!


The International Court of Justice (ICJ) in the Hague, despite intense 
pressure from Israel, the US and EU Governments, confirms what Palestinians 
and the world have known since the beginning of its planning and 
construction - THE WALL IS ILLEGAL!

Citing the Right to Self Determination, the Fourth Geneva Convention, the 
International Covenant on Civil and Political Rights, the International 
Covenant on Economic, Social and Cultural Rights, relevant human rights and 
humanitarian law, as well as the Rights to Freedom of Movement, Work, 
Education, Health, Food and Water, Religion and the Right of the Child, the 
ICJ voted 14-1 that "construction of the wall and its associated regime are 
contrary to international law." 14-1 that Israel must immediately cease 
construction of the Wall in all areas, dismantle parts already build and 
repeal any legislation or regulation relating to the Wall and 14-1 that 
Israel must make reparations for damages caused by construction of the Wall.

The ICJ reiterates the illegality of Israeli settlements and their 
relationship to the Wall's path, referring to the Wall's unilateral 
demarcation of a new border in the West Bank, seizure and destruction of 
property, the effective annexation of occupied lands and settlements and 
the demographic changes within Palestine as a result of the Wall's 
construction. In an important assertion, the Court fully disregards the 
relevance of the Israeli position that the Wall is for "security" or "self 
defense."

In response to the ruling, the illegality of the Wall and the ongoing
destruction to Palestinian communities on the ground:
Mass Demonstration will be held today in Ar Ram, at the Protest tent 
(approximately 100 meters from the Dahiat checkpoint), after the Friday 
noon prayer.  The demonstration will include massive mobilization of 
Palestinians from the Northern West Bank communities affected by the Wall 
and the rest of the West Bank.
    * Internationally, central mobilization has been taking place in The 
Hague with solidarity demonstrations being held in many countries around 
the world.

Of course, we cannot trust that the Court decision alone will make the Wall 
fall - the international community must take action and demand that the 
decision have an impact on the ground.  Israel has a clear history of 
violating UN resolutions, as was recognized in the ICJ opinion, and has 
explicitly stated that it will not accept any ruling of the ICJ.  Further 
it has secured guarantees from the United States that they will veto any 
action by the UN Security Council to enforce the ICJ opinion.

Should Israel, the US, the European Union or any other country attempt to 
avoid their legal obligation to stop construction of the Illegal Wall, they 
would be in clear contempt of the ICJ's opinion in which a 13-2 vote 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 court reinforced this point with a 14-1 vote that the "United Nations 
and especially the General Assembly and the Security Council should 
consider what further action is required to bring an end to the illegal 
situation resulting from the wall and the associated regime." In statement 
number (145), the ICJ also makes the argument that Israel has a 
responsibility to search for and bring to justice the crimes of any person 
involved in the "planning, construction and "use of the wall."

"This opinion will only mark an important event in the struggle against the 
Apartheid Wall and for Human Rights Law and International Humanitarian Law, 
if the UN, world governments and the international community demand the 
implementation of the opinion and act to sanction Israeli Apartheid for its 
crimes against the Palestinian people, ensuring that the US does not use 
its veto power to undermine the international judicial process, " said the 
Jamal Jum'a coordinator of the Palestinian Grassroots Anti- Apartheid Wall 
Campaign.

In response to the ICJ opinion, the Palestinian Grassroots Anti- Apartheid 
Wall Campaign is calling for immediate action: Construction on the Wall 
must be stopped immediately, all existing sections must be dismantled and 
compensation must be offered to those who have suffered from its devastation.

The demands of the Anti-Apartheid Wall Campaign are that:
the UN immediately calls for a General Assembly Meeting imposing, without 
further delay, international sanctions and an arms embargo on Israel, as 
demanded already in November 2003;
    * the EU to immediately suspend its economic, cultural and scientific 
association agreements with Israel;
    * Governments worldwide break off diplomatic relations.

In addition, the Campaign is calling on the people of the world to:
strengthen their support for the Palestinian struggle against the Apartheid 
Wall and the Israeli Occupation;
    * pressurise their governments to take responsible action and enforce 
the opinion with continued mobilization;
    * call for popular boycott of all Israeli goods and institutions until 
the Wall falls and Israel complies with International Law and all UN 
resolutions.

An ICJ Advisory Opinion is not merely an opinion, is an official 
jurisprudence of the highest judicial body in the United Nations Systems 
and to diminish the weight of the Advisory Opinion is to contradict the 
principles established in the Charter of the United Nations, as well as the 
role of the International Court of Justice (ICJ).  In reference to the 
value of their own opinion, the ICJ highlighted the value of their 1971 
ruling against South Africa's occupation of Namibia, after which the 
international community imposed sanctions on the Apartheid State. Popular 
boycott, International isolation, economic sanctions and diplomatic 
pressure have supported the South African Anti-Apartheid Movement in its 
struggle against a racist and colonialist regime and have brought South 
Africa Apartheid to an end.

For more information or comment, contact:
Jamal Juma', coordinator of the Anti-Apartheid Wall:
09972-522-85-610
Anti-Apartheid Wall Campaign: 09972-258-56-408

In South Africa:
Na'eem Jeenah - 084 574 2674
Anna Weekes - 073 635 7860


If you wish to mail me privately, please mail: jeenahn at social.wits.ac.za



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