A/HRC/7/76
page 14
projected barrier (723 km) was completed. It is estimated that, when the structure is finalized,
around 80 per cent of it will be inside West Bank territory. This has created closed areas:
10.1 per cent of West Bank and East Jerusalem land lies between the Wall and the Green Line.
Once the Wall is completed, a total of 49,400 West Bank Palestinians living in 38 villages will
be included in these areas.
49. Coupled with the difficulty of movement caused by checkpoints and the requirement of
permits and identity cards, the construction of the Wall in the West Bank affected thousands of
Palestinians both before and during the reporting period. Owing to the Wall, agricultural land,
houses, water sources, schools, and health-care clinics that belong to Palestinians had either been
confiscated or are now out of reach for their owners.
50. In its advisory opinion, the International Court of Justice concluded that the Wall severely
impeded the exercise by the Palestinian people of their right to self-determination, and was
therefore a breach of the obligation of Israel to respect that right.20 It also found that the Wall
deprived a significant number of Palestinians of the freedom to choose their residence and that it
impeded the liberty of movement of the inhabitants of the Occupied Palestinian Territory.21 The
Wall and its associated regime were also found to impede the exercise by the persons concerned
of the rights to work, health, education and an adequate standard of living, as proclaimed in the
International Covenant on Economic, Social and Cultural Rights and in the Convention on the
Rights of the Child. Moreover, the International Court of Justice found a violation of articles 49
and 53 of the Fourth Geneva Convention. In sum, according to the Court, the Wall gravely
infringed a number of rights of Palestinians residing in the Occupied Palestinian Territory that
could not be justified by military exigencies or by the requirements of national security and
order.22 The Court therefore concluded that Israel was obliged to put an end to the violation of its
international obligations and that it should therefore dismantle the parts of the Wall situated
within the Occupied Palestinian Territory. It also concluded that Israel had the obligation to
make reparation for the damage caused to all natural and legal persons concerned.23 No steps
towards the fulfilment of these obligations were taken by Israel during the reporting period.
51. During the reporting period, over 560 blockages of various sorts prevented ordinary
Palestinians from enjoying their right to freedom of movement within the West Bank. According
to a Palestinian human rights organization, on 13 February, the Israeli Defence Forces closed
dozens of roads and agricultural roads with large boulders and earth barriers. Checkpoints were
erected or re-established on main roads, especially in the northern West Bank and around
Nablus. According to the organization, very strict measures were implemented at the
checkpoints, including banning people under 35 years of age from the northern West Bank from
moving between governorates, and occasionally inside the same governorate.
20
International Court of Justice advisory opinion on the Wall of 9 July 2004, paras. 115-122.
21
Ibid., paras. 123-137, International Covenant on Civil and Political Rights, para. 12.
22
Ibid., paras. 123-137.
23
Ibid., paras. 149-154.
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