Cour internationaleJustice
EnregistrauGreffele:
---------- 3 0 JAN 2.004/1Z
Embassyof Internationl ourtofJustice
the State of Kuwait FiledintheRegistryon:
The Hague
STATEMENTMADE BY THE STATEOF KUWAITREGARDING THE SEPERATING
WALLINPROCESS OF CONSTRUCTIONON THE OCCUPIED PALESTINIAN
TERRITORY
The constructionof the separatingwall on the occupied Palestinian territory by the Israeli
occupation authoritiesrepresents a flagrant violation of international humanitarian law, human
rights law and international law. The construction of this wall confirms and corroborates the
determination ofthe Israeli occupation authoritiesto consolidate their occup&tion,thus violating
The Hague Conventions of 1907 and the Fourth Geneva Convention which ban the occupying
militaryforce from taking any measure that could transformits temporary presence intoa lasting
anddominatingone.
It is worth mentioning that the Fourth Geneva Convention has stipulated in article 2 the
applicability of this conventionto "al1cases of partialor total occupation of the territory ofa high
contractingparty"
The constructionof the wall violateshumanitarian noms and basic human rights, henceit
canbe describedas a segregationwall.
Some ofthese violations can be stated as follows:
1) Article (55) of the Fourth Geneva Conventioncalls for ensuring food and water supply to
the population.By erecting this wall Israel is causing a shortage in food and water for the
Palestinianpeople.
2) In order to build this wall, Israel has confiscated and willcontinue to confiscate lands
owned by Palestinians thus violating article(46) of The Hague Conventions and article
(17) of the Universal Declaration of Human Rights and article (53)of the Fourth Geneva
Convention.
3) The separatiqgwall creates harsh constraints onfreedom of movement and transportation
which limit access to basic services andmedical care. This will be a violation of the
provisions of International instruments and conventions, in particular the universal
declarationof human rights and the international covenant on civil and politicalrights.
4) By building this. wall, Israel violated paragraph4 from article 2 which states "that al1
members shallrefrain in their international relationsfrom the threat or use of force against
the territorial integrity or political independenceof any state." Furthermore, the building
of this wallviolates paragra2hof artic1eof the United Nations Charter which calls on
states to respect the principles of equal rights amongst peoplestheir right to self
determinationas well as to the adoptionof other measuresto strengthen universal peace.
Carnegielaan9,2517 Kh The Hague, The Netherlands, Tel: (31-70) 312-3400 Fax: (31-70) 365-8398
kuwaitQplanet.nl Embassyof
the Stateof Kuwait
The Hague
In conclusion, wewould like to ascertain that Israelhas ratified most of the fundamental
instruments relevantto the protection of human rights. International norm necessitates that
even a county notparty to a specificconvention still remains committedto its provisions if its
purpose is to be binding on al1 states in general and is acceptable by the international
communityon a largescale.
Ambassadorof the State of Kuwait inthe Netherlands
Carnegielaan 9, 2517 Kh The Hague, The Netherlands, Tel: (31-70) 312-3400 Fax: (31-70) 365-8398
kuwaitQplanet.nl
Statement made by the State of Kuwait