Cour internationaledeJustice
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EMBASSY OF THE REPUBLIC OF NANIIBIA
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INTERNATIONALCOURT OF JUSTICE
LEGAL CONSEQUENCESOF THE CONSTRUCTION
OF A WALL IN THE OCCUPIEDPALESTINIAN
TERRITORY
(REQUESTFOR AN ADVISORY OPINION)
WRITTEN STATEMENT
SUBMITTEDBY
NAMIBIA
30 JANUARY 2004Mr. President,
The construction by Israel, the occupying Power, of a wall in the occilpied
Palestinian Territory, including in and around East Jerusalem, which has
involved confiscation and destruction of Palestinim land, rcsources and the
disruption of the lives of prot.ected civilians constitute a vi.olation of
intgmitional humanitarian law, in parti~ular the Geiieva Corxventiori
Reiat-iveto the Protectionof Civilian Persons in Time of War of August 12,
1949.
Mr.President,
Israel bas indicated in paragaph 3 of Annex 1 attached to the Secretary-
General's report prepared pursuant to General Assembly resolution ES-
10/13 contained in document A.S-10/248, that dcspite having ratified Ihe
Fourth Geneva Convention it has not incorporaled it into its domestic
legislation,The point is that Israel is a State Party to the Convention,and as
such it undertook torespect al1the obligations containedin that Convcntion.
The fact that Jsraebas not incorporated it into its domestic legislation,does
not exempt it fiom itsobligations. The incorporation issue is an interna1
nmtter,which docs not affcct its intcmational obligations, It shouldbe notcd
that the provisions ofthc Geneva Convention is inexistence for more than
50 years, hencc it hasbecome part of iiltern:ttional customary law. The
Conventionis bindingupon lsracl and it i~liisttl-ierefohl fil1tlieobligatioiis
assunied iilgoodfaith.
Israel's asseitioii paragraph 4 of tbe document quoted above, tliat human
rights I~eatieswae intended for the protection of citizens Aotn their own
Govemment in tirnes of peace, and therefore, the InternationalCovenmt on
Civil and Political Rights and th.e International Covenant on Economic,
Socialand CulturalRights, both of which it has signed, are not applicablelo
fl~eoccupied.Palestinianterritory, is not correctTt is true fhat I~umanitarian
law app1.i.c~ in situations of international or non-international conflict.
T-Iliman 15.glltslaw on otlier hand establishes rules for liarmonious
devclopment of the i.ndiv.i.d1society.The lia purpose ofboth, wliich is
important, isto safeguard l~un~an dignity in al1circu~~~stanceT s.liusbot11
laws are applicableto the occupiedPalestinian tenitory.The establishmentof settlenientsandplacing of inost of thc structure of the
wall on occupiedPalestii~i-m land, which is in departurefion1the Armistice
Line of 1949, not only violate the provisions of the Convention, but also
disregard relevant General Assembly and Security Co~mcilresolutions,
including Secunty Councilrcsolution446 (1979). Thisresolution callsupon
Israel once again, "as the occupying Yower,to abide scrupulously by tlle
Geneva Conventionrelativeto the Protectionof CivilianPersons in Time of
War, of 12August 1949, to res~inditsprevious measuresand to desjst fi-on1
taking any action which would result in changing tlie legal status and
geographical nature and materially affecting the demographic composition
of the Arab tenitoiies occupied shice 1967, iricluding Jerusalem, and, in
particulas, not to transfer parts of its own civilian population into the
occupied Axabterritories". Despite thatcallwhich was made 33 years ago,
Israel coritinues to eskblish settlemeiits,and the construction of the wall
constitutesan additionalviolationby Israel,in disregardof UNresolutions.
MT. President,
Jsrael's continuing refùsal to comply with rcle'vantGeneral Assembly and
Sccurity Council resolutions, such as 242 (1967), 338 (1973) and 1397
(2002) is in conflictwith its oblig!at.sassumedunder theUnited Nations
Charter, inparticular paragraph 2 of Article 2 of tlie UN Chartes,,wl~ich
reqnire Membec States to fulfill in good eith the obligations assurned by
them in accordance wjth the Charter. The continuing disrespect of these
resolutions alsoput inquestion tI3.tiutliorityoîhe General Assembly and
the SecurityCouncilwhicliadopted thcse resolutions.
Mr. President,
It is in view of the above, that Namibia strongly beliaves that the
constructionof the wall violatesthe provisionsof relevantinternational law,
therefore,itmustbe pmoved.
Written Statement submitted by the Republic of Namibia