A/HRC/7/17
page 22
(d) Israel is bound by international human rights conventions in the OPT30 - a unanimous
finding31 - and consequently its conduct is to be measured against both international human
rights conventions and the Fourth Geneva Convention;
(e) The regime in force in the closed zone between the wall and Green Line violates the
right to freedom of movement contained in article 12 of the International Covenant on Civil and
Political Rights32 and the right to work, health, education and an adequate standard of living
contained in the International Covenant on Economic, Social and Cultural Rights;33
(f) The destruction of property for the construction of the wall violates article 53 of the
Fourth Geneva Convention and cannot be justified on grounds of military necessity or national
security;34
(g)
The wall cannot be justified as an exercise in self-defence;35
(h)
The annexation of East Jerusalem is illegal;36
(i) The construction of the wall by Israel in the OPT, including in and around
East Jerusalem, and its associated regime are contrary to international law; and Israel is obliged
in law to cease the construction of the wall, to dismantle it and to make reparation for the
construction of the wall;37
(j) All States are under a legal obligation not to recognize the illegal situation resulting
from the wall and to ensure compliance by Israel with the Fourth Geneva Convention;38
30
Ibid., paras. 102-121.
31
Ibid., dissenting opinion of Judge Buergenthal, para. 2.
32
Ibid., paras. 133, 134 and 136.
33
Ibid., paras. 134, 136 and 137.
34
Ibid., paras. 132, 135 and 137.
35
Ibid., paras. 138-139.
36
Ibid., paras. 75 and 122.
37
Ibid., para. 163.
38
Ibid., para. 163.
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