Written Statement submitted by the Islamic Republic of Pakistan

~UUIiiilemationaieae Justice
Enregistréau Gref:ele

InFiled inthe Regis:r3o0tJAN 2.004/31

Written Statementsubmittedby ~akistan concerning the

Advisory Opinionbythe InternationalCourt of Justice in
Accordancewith Article66, paragraph 2 of the Statute ofthe
InternationalCourtofJustice onthe question of the Legal
ConsequencesarisingfromtheConstructionof a Wall by

Israel,the OccupyingPower, inthe Occupied Palestinian
Territory, includingin and around
EastJerusalem

Onbehalfof the Islamic Republic of Pakistan

The Islarnic Republic of Pakistan requests the Court to adjudge and
declare by rendering its advisory opinion on the legal consequences arising
fiom the construction of the wall by Israel, the occupying power, in the

occupiedPalestinian Territory,including in and around East Jerusalem.

Pakistan supports UNGA resolution AIES-10114of 8 December 2003
in which the Assembly requested the court to urgently render an advisory
opinion. Pakistan requests that in adjudging the construction of the
separationwall as illegal, the Court may consider and include in its findings
the following:

That the construction of the wall by Israel in the occupied
i) Palestinian territory, including in and around East Jerusalem is

illegal under the provisions, inter alia, of The Hague Convention of
1899-1907, The Geneva Convention of 1948 and the Additional
Protocol-1 of 1977,which stipulate that the occupying power shall
not in any way changethe legal status of the occupied territories.

ii) The separation wall incorporates substantialreas of the occupied
West Bank into Israel. The contention that the wall is a temporary
measure being constructed to enhance security of Israel is not
tenable. It will seriouslyundermine and prejudice the resolution of

the Middle East conflict on the basis of the principle of land for
peace.

iii) The construction of the separation wall is a violation of applicable
bilateral and international agreements and is in contradiction of International Law, inter alia, reflected in the relevant resolutions
and decisions of the United Nations. The 1995 Interim Agreement
states that neither party will "change the status of the West Bank
and the Gaza Strip pending the outcome of the permanent status
negotiations" (Chapter 5, Article XXXI, paragraph 7) and that "the

integrity and status" of the West Bank and Gaza Stripterritory "will
be preserved during the interim period" (Chapter 2, Article XI,
paragraph 1and Chapter 5, Article XXXI, paragraph 8). Israel is
violating its obligations under the Agreement as the wall being built
is in clearbreach of these provisions.

The construction of the wall is in violation of the will of the UN
iv)
General Assemblythat "Israel stop and reverse the construction of
the wall in the occupied Palestinian Territory including in and
around East Jerusalem, which is a departure from the Armistice
Line of 1949,and it also does not follow the so-called Green Line
of 1967".(GAresolution AIES-1011 3 of 21October 2003).

v) The wall is incompatible with the right to self-detennination of the
Palestinian People and to permanent sovereignty over their natural
resources. According to The Hague Convention IV, Rule 46,55
"The occupying Power shall respect Private Property".
Constnicting the wall onthe Private Propertyof the inhabitants will
isolate and fiagrnent the Palestinians and separate them from their

cities and resources. Accordinglyover 200,000 Palestinians will be
seriously affected by the wall. An estimated 45 percent of
Palestinianwater resources and 40 percent of farm and land will be
on the Israeli side of the wall, and 30 percent of Palestinians would
have to live in enclaves in the Israeliside. The wall will separate
children fiom their schools, women fiom necessary obstetrics
facilities, workers fiom their places of employrnent and

comrnunitiesfiom their cemeteries thus violating the basic rights of
the Palestinianpeople.

vi) Article 47 of the fourth Geneva Convention stipulates that
"Protected persons who are in occupied territory shall not be
deprived, in anycase or in any manner whatsoever, of the benefits

of the present convention by a3 7change introduced, as a result of
the occupationof a territory . .

vii) According to the Report of the Special Rapporteur of the
Commission on Human Rights of 30 September 2003, the
separationwallhas al1the features of a permanent structure. It will incorporate half of the settlerpopulation in the West Bank and East

Jerusalem. It will fbrther entrench the position of the settlers on
occupied territory. The evidence strongly suggests that new
realities on theground are soughttobe created to reinforce de facto
annexation. Annexation of this nature, known as "conquest" in
international law, is prohibitedby the Charter of the United Nations
and the Fourth Geneva Conventionof 1949.

viii) A fundamental principle of International Law as reflected in the
charter of the United Nations is that the use of force in any forrnis
prohibited; consequently acquisitionof territory by the use of force
is illegal. The Security Council resolution 242 and 338 and al1
subsequent international agreementson the Middle East have been
based on this Principle - and require Israel's withdrawal fiom al1
Arab occupied territories.

ix) The separation wall undermines the prospects of a just and lasting
solution of the Israeli-Palestinian dispute based on good faith
negotiations. The Quartet's Peace Plan is also based on the
principle of Israeli withdrawal fiom the occupied Palestinian
territories in exchange for the establishment of durable peace. The
Special Representative of the UN Secretary General Roed-Larsen,
in a recent briefing to the SecurityCouncil, statedthat "Despite the

calls from al1the members of the Quartet, the Government of Israel
persists in building that structure (Wall). It makes the
establishment of a viable Palestinian State more difficult and the
hope of peace more distant, and it undermines any Palestinian
Prime Minister's effortsto musterpopular support". The actions of
Israel are inconsistent with its cornmitment under the widely
supported "Roadmap7'for the solutionof the outstanding dispute on

the question of Palestine. The Roadrnaprequires the Governrnent
of Israel to irnrnediatelydismantlesettlement outposts erected since
March 2001 and, consistent with the "Mitchell Report", fieeze al1
settlement activity. The wall spurs, not stems, the growth of
settlements.

The international cornrnunityhas an obligation to prevent unlawful
x) annexation of Palestinian land. The separation wall, if completed,

would negate the possibility of a contiguous,viable Palestine State.
The Government of Israel must cease and stop any further
construction of the wall. It should also dismantle the construction
already undertaken by it. It is a general principle of International Law that in disputed or
xi)occupied territories no party shall construct a wall or any such
structurethat would prejudice final settlement of the dispute.

Signed and subrnittedon behalf of the Government of the Islamic
Republic ofPakistan by:

A (Mstafa lKla-i)za
Ambassador of the
IslamicRepublic of Pakistan to the
Kingdom of TheNetherlands

The Hague: 29January 2004