Construction Of The Wall In Israel

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The International Court of Justice ( ICJ) issued the Advisory Opinion on legal repercussions of construction of the Wall in Occupied Palestinian Territory, demarcating Israel and West bank territories in 2004. Unanimously, the Court drove into the conclusion, that it has the jurisdiction to take decision upon this Case, and fourteen votes to one, endorsed to admit that the state of Israel by constructing the Wall had violated several international law obligations. The Court indicated that the construction of the Wall and “its associated regime create a “fait accompli” on the ground that could well become permanent, in which case, and notwithstanding the formal characterization of the wall by Israel, it would be tantamount to de facto annexation” . According to the ICJ, Israel had to stop any further construction of the Wall, dismount all parts of the Wall which has been constructed already and restore reparation to the injured Party, including all damages related to this issue . Taking into account, that some of breached norms were erga omnes- relates to all international community- all states “not to recognize the illegal situation” and not to assist Israel in its violations. In 2004 the United Nations General Assembly voted one hundred fifty votes to six to uphold the Opinion of the International Court of Justice. The Law background The Court analyzed the applicable rules of the International Law while designating the facts related to the construction of the Wall. First of all, by the construction of the Wall, Israel is not in conformity with several major international obligations taken by it. In Annex I to the report of the Secretary-General states that, according to Israel: “the construction of the Barrier is c... ... middle of paper ... ...stances, regime, time and personal identity, therefore, detailed specifics of protection embedded in the IHL, would give a favor to general provisions of the international human rights law and might improve it with more applicable and effective approaches. It is evident, that Wall does not constitute a mere construction barrier, which annexes land, segregate people, separated from access to water and other vitally important resources, but a gap between human rights, rule of law, custom law and political will supported by super powers not to comply with universally accepted erga omnes norms. The unanimous accepting of this issue by Judges of the International Court of Justice gives a good sense of feeling to all human beings of the mankind, that the world is still on the “right” side of road, which is leading to human dignity, rule of law and human rights.
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