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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