Courinternationalede Justice
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.ternationaCO~ of mi3 3 + N ,2004 /2
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EMBASSY OF SUDAN
The Hague
LaanCovanCattenbu1,25EWTheHag,heNetherlands Tel85002797Fax:70-3617975
>-Ji
Ambassador
ThePresident of the International Court of Justice
TheHague
TheNetherlands
The Hague, 30 January 2004
Excellency,
Upon instruction of my governmentand in accordance with the statute
of the Court and its Order of 19 December 2003 (General list No 13l), 1
have the honour to enclose herewith a written statement on the position of
the Governrnentof the Sudan on the illegality ofthe construction of a wall in
the occupiedPalestinian Territoryby Israel.
Please accept my highest consideration,
Yours,
AbuelgasimA Idris
Ambassadorof The Sudanto TheNetherlands /
EMBASSThe HagueAN
LaanCovan Cattech,25EWThe Hague,The Netherland607007972ax:70-3617975
Statementof The Government of The Sudan to the ICJ
on the construction of a wall by Israel in The Occupied Palestinian Territory
The Government of The Sudan objects to the construction of the wall
being built by Israel in the occupied Palestinian Territory including in
and around East Jerusalem, for the following reasons:
First, the construction of the wall is in clear violation of
recognized principles of International Law and of the obligations and
responsibilities of an occupying power under International
Humanitarian Law.
Second, while Israel claims the wall is intended for security
reasons, however its action is neither " proportionate" nor 6<
necessary" within the criteria and measures accepted by I.H.L,
including its construction of the wall inside the occupied territories.
The wall, as such, can only be seen as intended to annex an occupied
territory, and in a minimum, to prejudge a final resolution to the
conflict based on UN resolutions. It also interferes with territorial
sovereignty and the inalienable right for self- determination of the
Palestinian People, in violation of International Law.
Third, It clearly violates al1relevant UN resolutions and actions
including, inter alia, the armistice line of 1949 and subsequent
resolutions embodied in UN GeneralAssembly Resolution
(AIRESIES-1011 4 of 8 December 2003). It fùrther threatens
international peace and security and hinders efforts by the
International Community to achieve a lasting solution to the conflict.
Fourth, The report of the UN Secretary General (AIES-101248of
24thNovember 2003) clearly states that Israel has not complied with
the demand stated in Resolution ES- 1011 3 that it" stop and reverse
the construction of the wall in the occupied Palestinian Territory,
including in and around East Jenisalem, which is in departure of the
Armistice line of 1949and is in contradiction to relevant provisions of /
EMBASSY OF SUDAN
The Hague
LaanCopevanCattenburc8h1,2585EWThe Hague,The Neth0.:053070-427972ax:70-3617975
Fifth, As The UN Secretary General's report clearly evidence, the
Barrier has severe negative humanitarian and socio-economic impact
on the occupied Palestinian population, in violation of Israel's
obligations under International Humanitarian Law and International
HumanRights Law.
Sixth, Any attempts by any country to distance itself from its
obligations to respect International Humanitarian Law including the
Geneva Conventions, which are universal and embody recognized
principles of Customary International Law, are unacceptable.
Letter dated 30 January 2004 from the Ambassador of The Sudan to the Netherlands, together with the Written Statement of The Government of The Sudan