Letter dated 30 January 2004 from the Ambassador of the Republic of Malta to the Netherlands, together with the Statement of Malta

Ourref : HG/MLS/8
Courinternationalede Justice
EnregistréauGreffele :

30January 2004 International ourtofJustice
Filedin theRegistryon : 30 JAN 2 .004/38
HE Mr Philippe Couvreur
Regstrar
International Court of Justice
Peace Palace

2517 I<Jthe Hague

Sir,

Re :Advisory Opinion on the Questionof the Legal Consequences of the

Construction of a Wall in the Occupied Palestinian Territory

With reference to your letter of 19'~December 2003 addressed to HE the Mtnister of
Foreign Affairs ofMalta regarding the request for advisory opinion subrnitted to the
Court by the General Assembly of the United Nations on the question of the Legal
Consequences of the Constmction of a Wall in the Occupied Palestinian Territones,
1 have the honour to attach herewith the statement of Malta in this regard, in

accordance with Article 66,paragraph 2, of the Statute of the Court.

Also attached are thrty original signed copies of the statement alona diskette
containing the text of the statement.

Accept, Sir, the assurances of my highest consideration.

./ /
Adnan Strickland

Ambassador

Enc. STATEMENTOF MALTAONTHE QUESTION OF THELEGAL

CONSEQUENCESOFTHECONSTRUCTION OFA WALLIN
THE OCCUPIEDPALESTINIAN TERRITORY

Malta, while reaffirming its position reflected in an abstention on UN General Assembly

Resolution AIRES-ESl10114,that an Advisory Opinion from the International Courtof Justice
will not help the efforts of theo parties to re-launch a political dialogue and isto that extent
inappropriate,

1. Reiterates its position on UN General Assembly Resolution GAIRESIES-10113as co-
sponsoredon 20 October 2003.Malta fullysupports the EU statementthat the constructionof

the wall inside the occupied Palestiniantemtories is a departure fiom the Armistice lineof
1949, and is in contradiction to the relevant provisions of international law, due to the
followingconsiderations:

(a) The construction of the wall in the Occupied Palestinian Temtories, including in and

around East Jenisalem, which as already stated, is a deparîure from the Armistice Line of
1949, together with the expropriation of land and buildings required for this construction,
constitute an exercise of sovereigntyby Israel in an area where ithas no legalm to such
sovereignty. This consideration is based primarily on the main international provisions
relatingto the territory over which Israelhas sovereigntyand in particular:

1. UN General Assembly Resolution 181 (II) of 29 November 1947,endorsing the plan
for the partition of Palestine,which inPart II, SeB,idefinesthe boundariesof the
Jewish state;
II. the provisions regarding the Armistice Line of 1949as contained in UN Security

Council documents SI1357 of 26 July 1949, and documents Sl1264, Sl1296, Sl1302,
and 31353;
III. UN Security Council Resolution 242 of 22 November 1967 which required Israel to
withdraw its armed forces from the temtories occupiedin the recent conflict, which
territories include land on whichthe wallis nowbeing constructed.

(b) The humanitarian and econornichardships resulting fromthe constructionof the wall are
in violation of Israel's responsibilitiesunder the 1949 Fourth Geneva Convention relativeto
the Protection of Civilians in Time of War.In spite of Israel'sclaimthat theConventionis not
applicable to the occupied Palestiniantemtories, the Security Council, thUN General
Assembly and the UN Commissionon HurnanRights have repeatedlyreaffmed the dejure

applicabilityof the Conventionto theoccupiedPalestiniantemtories.

In this context Malta recalls UN Security Council Resolution 452 of 20 July 1979 which
States:

"....that thepolicy of Israel in establishingsettlementsin the occupiedArab territhases
no legalvalidifyand constitutesa violationof the FourthGeneva Convention relative to the
Protectionof CivilianPersonsin Timeof Warof 12August1949 ..."

2. Shares the EU'S concem that Israel, as confirmed by the report of the Secretary General

pursuant to GARESIES-10113,is not in cornpliance with the Assembly's demandthat it stops
and reversesthe construction of thewall in the Occupied PalestinianTemtories.
.

The Hague, 30 January 2004