Courinternationalede Justice
EnregistréauGreffele:
InternationalCourt of Justice
Filed inthe Registryo:
REPUBLIC OF CYPRUS
MINI!XRY OF FOREIGNAFFAIRS
THE PERMANENT SECRETARY
Ref.No.: PA-MA/24.11 .&O5
30 January, 2004.
Mr. Philippe Couvreur
Registrar
lnternational Court of Justice
The Hague
Netherlands
Sir.
With reference to your letter, dated 19 Decernber 2003,
addressed to the Minister 0.fForeign Affairs of the Republic of Cyprus.
Mr. George lacovou, concerning the request of the United Nations
General Assernblyfor an urgent advisory opinion on the question of fhe
Legal Consequences of the Construction of a Wall in the Occupied
Palestinian TerritoryI have the honour to enclose herewith a written
statement by the Republic of Cyprus, in accordance with Article 66,
paragraph 2,of the Statuteof the International Court of Justice.
Accept, Sirthe assurancesof rny highest consideration.THELEGALCONSEQUENCEO SFTHE CONSTRUCTIONOF A
WALL INTHEOCCUPIEDPALESTIMANTERRITORY
(REQUESFORADVISOOPINION)
STOFTHEREPUBLIOFCWRUSNTTERMSOF THE REQUESTANDSTANDINGOFTHEREPUBLICOFCYPRUS
1. The terms of the requestmade bythe GeneralAssembly, asexpressed in the
operativeparagraphofResolutionA/RES/ES-10114a ,reas fo1lows:-
'The GeneralAssembly,.........
Decides, in accordance witharticle 96 of the Charter of the United
Nations, to request the InternationalCourt of Justice,rsuant to
article5 of the Statuteof the Court,to urgently render an advisory
opinionon the followingquestion:
What are the legal consequencesrisingfrom the constructionof the
wall being built by Israel, the occupying Power, in the Occupied
Palestinian Temtory, including in and around East Jerusalem, as
described in the reportof the Secretary-General,considering therules
and pnnciples of international law, including the Fourth Geneva
Convention of 1949, and relevant Security Council and General
Assemblyresolutions?
2. The Court, by its Order of 19December2003,fixed30 January 2004 as the
time limit within whichwrittenstatementsmay besubmittedto the Court by
the United Nations and by those of its Member States who are entitled to
appear before the Court, in accordancewith Article 66, paragraph 2 of the
Statute of the Court. ThatOrderof theCourtwasnotified ttheRepublicof
Cyprus. The Republic of Cyprushas been a memberof the United Nations
since 20 September 1960, andby virtueof Article 93 of the United Nations
Charter i~so facto a party to the Statute of the Court. It is in these
circumstances a State to which the Court isopen under Article 35 of the
Statuteof the Courtandentitledto appearbeforethe Court.
POSITION OF THE REPUBLICOF CYPRUS ONTHE QUESTION BEFORE
THE COURT
3. As a matter of general policy,the Republicof Cyprus supportsthe principle
envisagedin Article 2 par.3 of the UnitedNationsCharter that"al1Members
shall settle their internationaldisputesby peaceful means ia manner
that internationalpeaceandsecurity,andjustice,are not endangered". ln this
regard, the Republic of Cyprus believesthat al1 the options and means
providedfor bythe UnitedNationsChartershouldbe availableto the parties.
4. Cypnis hasconsistentlysupportedthe necessityof endingthe conflict on the
basis of thewo-State solutionof Israeland Palestine living side by side in
peace andsecurity,in accordancewithrelevantSecuity Council and General
AssemblyResolutions.5. Atthe General Assembly Tenth EmergencySession,heIdon 21 October2003,
Cyprus voted in favour of Resolution A/RES/ES-10113.At the subsequent
meetingof the General AssemblyTenth EmergencySession,on 12 December
2003. Cypnis abstainedinthe voting onResolutionA/RES/ES-10/14.
6. While recognizing fully the right and duty of Israel to protect its people
againstactsof terrorism,theRepublicof Cypmsbelieves that this rightshould
be carriedout in conformitywithinternationallaw andshould not increasethe
suffering and inconvenienceof the Palestinian people or infringe on their
propertyrights.
7. The Republic of Cypms considersthat, the 1949Fourth Geneva Convention
relativeto the ProtectionofCiviliansinTimeofWarmustberespected.
8. The Republic ofCyprus would liketo stress theneed to avoid actions, which
would exacerbate the aireadyprecariousstate of affairs existing between the
twoparties, andto avoid creatingde facto situationsthatwould impact onthe
finalstatusof negotiations.
9. Ultimately, only a comprehensivesettlementwill bring peace, stability and
cooperationin the sensitiveregionoftheMiddleEast.The Republic of Cyprus
wilI continue to support the implementationof the Road Map, the efforts of
theQuartetand al1internationalinitiativestothisend.
Letter dated 30 January 2004, together with the Statement of the Government of the Republic of Cyprus