A/HRC/12/48 page 49 ordered the rerouting of different portions of the Wall,19 but considered the structure legal in principle.20 186. In 2002, the so-called Quartet (the United States, the European Union, the Russian Federation and the United Nations) proposed a plan to resolve the Israeli-Palestinian conflict. The plan came to be known as the “road map to peace.”21 The road map envisaged that the Palestinians would engage in democratic reforms and renounce violent means and that Israel would accept a Palestinian Government and cease settlement activities. Fulfilment of the road map’s commitments would lead to negotiations on the final status. The road map remains unimplemented. The same year, the League of Arab States adopted a proposal that Saudi Arabia presented at the Beirut Summit in which its members pledged to establish normal relations with Israel in the context of a comprehensive peace that would establish a Palestinian State within the border of 1967.22 187. On 6 June 2004, the Israeli Cabinet adopted a “disengagement plan” providing for the unilateral removal from the Gaza Strip of Israeli security forces and Israeli civilians living in settlements. The plan was endorsed by the Knesset on 26 October of the same year. With the evacuation of all Israeli residents and associated security personnel from the Gaza Strip completed on 12 September 2005, Israel declared that “there will be no basis for claiming that the Gaza Strip is occupied territory” (on the continued occupation, see chapter IV). Under the disengagement plan, however, the Israeli armed forces continued to maintain control over Gaza’s borders, coastline and airspace, and Israel reserved “its inherent right of self-defence, both preventive and reactive, including where necessary the use of force, in respect of threats emanating from the Gaza Strip.” Israel removed both settlements and military bases protecting the settlers from the Gaza Strip, redeploying on Gaza’s southern border and repositioning its forces to other areas just outside the Gaza Strip. In addition to controlling the borders, coastline and airspace, after the implementation of the disengagement plan, Israel continued to control Gaza’s telecommunications, water, electricity and sewage networks, as well as the population registry, and the flow of people and goods into and out of the territory while the inhabitants of Gaza continued to rely on the Israeli currency.23 188. After years of disassociation from the Oslo process, Hamas changed its position about the legitimacy of the Palestinian Authority and decided to participate in the elections of January 19 Many of these rulings have had only a marginal impact on the Palestinian population. The Court opened its deliberation by stating that “since 1967, Israel has been holding the areas of Judea and Samaria […] in belligerent occupation”, see Beit Sourik Village Council v. The Government of Israel and Commander of the IDF Forces in the West Bank, case No. 2056/04, Judgement of 30 June 2004 and Mara’abe et al. v. The Prime Minister of Israel et al., case No. 7957/04, Judgement of 15 September 2005. 20 “A performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict”, available at: http://www.un.org/news/dh/mideast/roadmap122002.pdf 21 22 Available at: http://www.reliefweb.int/rw/rwb.nsf/AllDocsByUNID/5a7229b652beb9c5c1256b8a0054b62e See “Disengagement Plan - General Outline”, 15 April 2004, available at: http://www.pmo.gov.il/PMOEng/ Archive/Press+Releases/2004/Disengagement+Plan/Disengagement+Plan.htm; and “Overall concept of the Disengagement Plan”, 15 April 2004, available at: http://www.pmo.gov.il/PMOEng/Archive/Press+Releases/ 2004/Disengagement+Plan/DisengagementPlan.htm. 23

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