A/HRC/25/67
of the difficulties caused by the blockade. Some countries, notably Turkey and Qatar, have
responded to this situation by providing emergency relief, but much more assistance is
required, including pressure upon Israel to end the unlawful blockade.
9.
Urgency. The stark reality is that the beleaguered occupied people of Gaza, over half
of whom are children, are not receiving the protection to which they are entitled under
international humanitarian law, which imposes an overall duty on the occupying Power to
act in such a manner as to protect the civilian population from harm. Given the failure of
Israel to live up to these obligations as set forth in the Fourth Geneva Convention, the
United Nations and international society generally is challenged to take urgent action. The
principles embedded in the concept of the responsibility to protect would seem to have a
special applicability to the emergency conditions currently existing in Gaza that are being
brought to the attention of the world by graphic pictures of sewage in the streets;
widespread flooding; seasonal cold, including snow; and children entrapped by these
conditions.
II. The wall and the 2004 advisory opinion
10.
July 2014 will mark 10 years since the International Court of Justice gave its near
unanimous advisory opinion on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory (A/ES-10/273 and Corr.1). The refusal of Israel to
implement this assessment of international law by the highest judicial body in the United
Nations is cause for serious concern.
11.
The question put to the Court by the General Assembly bears repeating: “What are
the legal consequences arising from the construction of the wall being built by Israel, the
occupying Power, in the Occupied Palestinian Territory, including in and around East
Jerusalem, …, considering the rules and principles of international law, including the
Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly
resolutions?”1 The International Court of Justice was unequivocal in its reply. In summary,
it concluded that the construction of the wall in occupied Palestine, including East
Jerusalem, and its associated regime, was contrary to international law. The crucial point is
that it would not have been unlawful for Israel to build a security wall on an established
international border, but to encroach unilaterally on territory occupied in 1967 was a
flagrant violation of international law. The Court stated that Israel had a continuing duty to
comply with its international obligations in this regard. It found that Israel was obliged to
end the illegal situation, cease construction and dismantle the wall in the Occupied
Palestinian Territory, and to make reparations for all damage caused as a result of the wall
(A/ES-10/273 and Corr.1, para. 145).
12.
In addition to the conclusions addressing the obligations of Israel, the Court stated
that all States are obliged not to recognize the illegal situation arising from the wall, and
that States parties to the Fourth Geneva Convention were obliged to ensure compliance by
Israel with that Convention. Finally, the Court suggested that the United Nations, and
especially the General Assembly and the Security Council, should consider further action to
overcome this illegal situation resulting from the construction of the wall and its associated
regime (ibid., para. 163 (3)(D) and (E)).
13.
In clear defiance of international law, Israel has continued construction of the wall
and maintains on its website a map of 30 April 2006 showing its revised route.2 At the time
1
2
General Assembly resolution ES-10/14.
See www.securityfence.mod.gov.il/Pages/ENG/route.htm.
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