A/HRC/7/17 page 21 Quartet and other international institutions committed to the realization of the right of the Palestinian people to self-determination. Such a concern should not take the form of support political, economic or military - for one faction at the expense of the other, but rather for reconciliation between the two factions so that the right to self-determination may be realized within the 1967 borders of the Palestinian self-determination unit, that is including the West Bank, East Jerusalem and Gaza. Unhappily, the Quartet (which embraces the United Nations) is, at the time of writing, making little attempt to promote Palestinian national unity. On the contrary, it pursues a divisive policy of preferring one faction over the other; of speaking to one faction but not the other; of dealing with one faction while isolating the other. VIII. INTERNATIONAL LAW, THE INTERNATIONAL COURT OF JUSTICE, THE QUARTET AND THE UNITED NATIONS 50. On 8 December 2003 the General Assembly requested an advisory opinion from the International Court of Justice on the legal consequences arising from the construction of the wall being built by Israel in the OPT.22 Fifty States and international organizations gave written statements to the Court and 15 States and international organizations made oral statements before the Court. The Court provided an advisory opinion23 by 14 votes to 1, which answered many of the legal questions that have been raised over the past 40 years. The principal findings of the Court were as follows: (a) The Palestinian people have the right to self-determination24 and the exercise of this right is violated by the construction of the wall;25 (b) Israel is under a legal obligation to comply with the Fourth Geneva Convention in the OPT26 - a unanimous finding;27 (c) Settlements are illegal as they violate article 49 (6) of the Fourth Geneva Convention28 - a unanimous finding;29 22 Resolution ES-10/14. 23 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, ICJ, 2004. 24 Ibid., para. 118. 25 Ibid., para. 122. 26 Ibid., paras. 90-101. 27 Ibid., declaration of Judge Buergenthal, para. 2. 28 Ibid., paras. 120-121. 29 Ibid., dissenting opinion of Judge Buergenthal, para. 9.

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