CHAPTER FOUR

Israeli Colonial Activities in OPT



I. Israeli Segregation Wall

 

In June 2002, the Israeli government launched its policy of unilateral segregation between Israel and the OPT by establishing a Segregation Zone along the western terrains of the Occupied West Bank Territory [see map1 - map2].
The Israeli Segregation Zone covers substantial sizable and significant land areas, rich with natural resources, (such as water aquifers) as it runs along and through the western part of the West Bank from north to south, grabbing the most fertile agricultural lands, isolating Palestinian communities in enclaves, undermining the territorial contiguity between the Palestinian villages and cities, controlling the natural resources, and encapsulating most of the Israeli settlements.


Whether called a 'Wall', a 'Barrier' or a 'Fence', its purpose is no other than 'Segregation'. The Israeli authorities have used two types of structures in completing their separation mission. The so called 'barrier' is in some places a 8-12 m high concrete partitions appendage with military watchtowers lined-up 250 m apart, and in other places it comprises of double layered fences reinforced with barbed wires, trenches, military roads and footprint detection tracks, as well as 4-5 m high electrified metal fence supplied with security surveillance cameras, all taking an area of 40-100 m in width.

     
International Court of Justice (ICJ) Advisory Opinion
On December 8, 2003, the United Nations' General Assembly passed a resolution asking the International Court of Justice (ICJ) to issue an advisory opinion on the legal consequences of Israel's construction of the Wall.
On July 9, 2004, the ICJ at the Hague, the Netherlands, found, by a ruling of 14 votes to 1, that the construction of the Wall by Israel in the OPT, including East Jerusalem, was "contrary to international law," 1 and that Israel was under an obligation to cease the Wall's construction, dismantle the existing structure, and make reparations for any damage caused by the construction. Moreover, by a ruling of 13 votes to 2, the ICJ found 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." 2


The ICJ Decision was based on international laws, including the Fourth Geneva Convention, the Hague Regulations, various human rights treaties and United Nations Security Council resolutions.


The ICJ Opinion simply gave advice to the UN General Assembly (UNGA) as to the legality of the Wall. It is the duty of the UN to execute this and decide what further actions should be taken. On June 20, 2004, the UNGA passed Resolution ES-10/15, acknowledging the ICJ Opinion in a vote of 150 to 6, with 10 abstentions. Therefore, Israel and the International Community are to abide by the ICJ opinion. Nevertheless, the construction of the Wall is still continuous and nothing de facto has been done to halt this or implement the UNGA Resolution.

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