A/HRC/25/67
of the advisory opinion, the Secretary-General estimated that approximately 180 km of the
wall had been completed (A/ES-10/273 and Corr.1, para. 82). Since that time, parts of the
wall have been re-routed.3 In 2013, the Secretary-General reported that approximately 62
per cent of the wall had been completed (A/68/502, para. 22). A further 10 per cent was
under construction, and construction of the remaining 28 per cent of the planned route had
not yet commenced. Upon completion, the wall is expected to run approximately 708 km.
14.
About 85 per cent of the planned route of the wall lies within the West Bank, and
will cut off and isolate 9.4 per cent of the West Bank territory, including East Jerusalem
and so-called No-Man’s Land.4 Palestinian communities affected by the wall experience
varying degrees of isolation and restrictions on their freedom of movement. The seam
zone’s5 associated permit regime requires Palestinians to continually apply for temporary
permits to allow them to reside in their home area and carry on aspects of their lives that
require entering or exiting the seam zone. In order to have access to farming land beyond
Israeli-controlled access gates, leave and return for work, have access to education, health
and other services, visit family and friends or arrange for visits to those communities for
non-resident Palestinians, prior permission by Israeli authorities is necessary. This permit
procedure imposes daily hardships on many Palestinians.6
15.
The Ministry of Defense states that “the Security Fence does not annex territories to
the State of Israel, nor will it change the status of the residents of these areas”.7 Israel
maintains that the purpose of the wall is to ensure security and protect Israeli citizens from
terrorist attacks. In 2011, the Israeli High Court of Justice supported this reasoning
regarding security in rejecting NGO petitions which claimed that the permit regime was
aimed at expropriating and annexing Palestinian land and which argued that its exclusive
application to Palestinians, and not, for example, to settlers in the zone, was discriminatory
and comparable to the Pass Laws of apartheid-era South Africa.8 However, the High
Court’s assertion does not overcome the conclusion by the International Court of Justice
that the grave infringements of the rights of Palestinians caused by the wall in the Occupied
Palestinian Territory were not necessary to satisfy legitimate Israeli security requirements
(A/ES-10/273 and Corr.1, para. 136).
16.
If protection of Israeli citizens were indeed the only reason for the wall and the
associated regime, it begs the question of why Israel continues to support the expansion of
illegal settlements in the West Bank, thus moving an increasing number of Israeli citizens
into the very area from which it says the risk emanates. That continued settlement on West
Bank land, including East Jerusalem, cut off by the wall seems to be creating a fait
accompli amounting to de facto annexation, is a grave concern raised by the Human Rights
Council, which has demanded that Israel comply with the advisory opinion (Council
resolution 22/26).
17.
For Palestinian residents isolated from the rest of the West Bank by the wall, and
living under the permit regime and other restrictions, the issue is not only about status, but
3
4
5
6
7
8
6
Some decisions of the Israeli High Court have reconnected communities with the West Bank. Office
for the Coordination of Humanitarian Affairs office in the occupied Palestinian territory (OCHA-oPt),
Barrier Update (July 2011), p. 5.
See www.ochaopt.org/documents/ochaopt_atlas_barrier_affecting_palestinians_december2011.pdf.
A designated “closed military zone” between the wall and the Green Line.
See HaMoked: Center for the Defence of the Individual, “The permit regime: human rights violations
in West Bank areas known as the ‘seam zone’ ” (2013).
www.hamoked.org/files/2013/1157660_eng.pdf.
See www.securityfence.mod.gov.il/Pages/ENG/route.htm.
OCHA-oPt, Barrier Update, p. 8; HaMoked, “The permit regime”, pp. 14–15. See also Virginia Tilley
(ed.), Beyond Occupation (2012), pp. 151-155.
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