Holy Lord God Who Created and Redeemed us
Begun in 2002, judged illegal 2004, Israel’s apartheid wall goes on regardless
European campaign against Israel’s apartheid wall launched in the Hague
July 02, 2012
- “A. By fourteen votes to one,
The construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated régime, are contrary to international law”;
Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto, in accordance with paragraph 151 of this Opinion”;
Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem”;
All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction; all States parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention”;
The United Nations, and 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 and the associated régime, taking due account of the present Advisory Opinion.”
Reasoning of the Court
The Court states that when it is seised of a request for an advisory opinion, it must first consider whether it has jurisdiction to give that opinion. It finds that the General Assembly, which requested the opinion by resolution ES‑10/14 of 8 December 2003, is authorized to do so by Article 96, paragraph 1, of the Charter.
Legality of the construction by Israel of a wall in the Occupied Palestinian Territory
Before addressing the legal consequences of the construction of the wall (the term which the General Assembly has chosen to use and which is also used in the Opinion, since the other expressions sometimes employed are no more accurate if understood in the physical sense), the Court considers whether or not the construction of the wall is contrary to international law.
Legal consequences of the violations found
The Court draws a distinction between the legal consequences of these violations for Israel and those for other States.
Composition of the Court
A summary of the Advisory Opinion is published in the document entitled “Summary No. 2004/2”, to which summaries of the declaration and separate opinions appended to the Advisory Opinion are attached. This Press Communiqué, the summary of the Advisory Opinion and the latter’s full text can also be accessed on the Court’s website by clicking on “Docket” and “Decisions” (www.icj-cij.org).