|
|
Mr. President,
We have returned to this Chamber to reflect upon the Advisory Opinion of the
International Court of Justice on one grave aspect of the unfortunate and
disturbing situation in the Middle East.
The Court has confirmed what the international community has widely believed
about the conduct of Israel in the occupied territories, particularly with
reference to its uninhibited construction of the Separation Wall.
The Advisory Opinion of the International Court of Justice finds the
construction of the Separation Wall contrary to international law. It emphasizes
the obligation of all states not to recognize illegal situation created by the
construction of the Wall. The Court has ruled that Israel is under an obligation
to “cease forthwith” the construction of the Wall and to “dismantle” the
structures therein. The Opinion also determines the obligation of Israel to make
reparation for the damage caused to affected persons by the construction so far.
The Opinion states that the United Nations, especially the General Assembly and
the Security Council, should consider what further action is required to bring
to an end the illegal situation resulting from the construction of the Wall.
The illegality of the acquisition of territory by use or threat of use of force
is clearly established in the UN Charter and the General Assembly resolution
2625. Resolution 2625 also outlines the principles of equal rights and self
determination of peoples. It is evidently clear that Israel is in violation of
these principles.
The Advisory Opinion further confirms Israel’s persistent violations of the
Fourth Geneva Convention -- under which the Palestinian people are “Protected
Persons”. Israel’s policy of settlement building in the occupied territories is
a glaring example of its defiance of the Convention.
The Advisory Opinion of the ICJ clearly shows that Israel, and indeed all other
states which are in occupation of foreign territories and peoples, have no legal
or moral ground to construct such walls and fences in territories under their
occupation.
Besides being illegal, the Separation Wall in the Occupied Palestinian
territories will entail enormous humanitarian suffering for the affected
Palestinian people. In his report of September 2003, the Special Rapporteur of
the Commission on Human Rights calculated that at least “210,000 Palestinians
will be affected by the Wall.” According to him, “Palestinians living between
the Wall and the Green Line will be effectively cut off from their farm land and
work places, schools, health clinics and other social services. This is likely
to lead to a new generation of refugees or internally displaced persons.” The
number of internally displaced Palestinians is already adding due to Israeli
campaign of house demolition in the occupied territories.
Mr. President,
The real issue here is that for over three decades, Israel has remained in
illegal occupation of Palestinian territories and has suppressed the legitimate
right of the Palestinian people to self-determination. History bears witness
that the use of force or separation walls or wire fences have never been able to
crush the legitimate aspirations of the people under occupation. Permanent
security can only be established by respecting these aspirations and not by
repressive tactics, assassinations, economic blockades and collective
punishments.
The construction of the Wall will impede the realization of the Roadmap designed
to bring permanent peace and security in the Middle East. The Secretary General
has described the Separation Wall and the settlements as “serious obstacles to
the achievement of the two-state solution.” The Secretary General has further
remarked that the Wall, “threatens the future establishment of a viable and
independent Palestinian State.”
A viable Palestinian state envisaged in the Quartet’s Road Map cannot be
established in the Bantustans that will be created by the Separation Wall. The
occupation powers should not be allowed to create fait accompli on the ground
and seek a settlement of territorial disputes on their basis.
Mr. President,
Israel has a real opportunity to demonstrate its commitment to long-term peace
in the Middle East by accepting the Advisory Opinion and implementing the
obligations arising from it in good faith. This would go a long way in building
confidence in an environment marked by deep distrust. This would also enhance
the prospects of the revival of the peace process.
For its part, the international community has the opportunity to uphold the
principles of justice and the rule of law. The international community should
ask the Government of Israel to comply with its legal obligations as determined
in the Advisory Opinion. Our clear opposition to persistent violation of
international law is essential for rescuing the peace process and bringing the
parties back to full and faithful implementation of their commitments under the
Roadmap which should lead to the realization of the vision of two states, Israel
and Palestine, living side by side in peace and security within recognized
borders.
I thank you, Mr. President.