Israel/Occupied and Autonomous Palestinian Territories: West Bank Barrier causes serious humanitarian and legal problems
Geneva (ICRC) - The ICRC is increasingly concerned about the humanitarian impact of the West Bank Barrier on many Palestinians living in occupied territory.
Where it deviates from the "Green Line" into occupied territory, the Barrier deprives thousands of Palestinian residents of adequate access to basic services such as water, health care and education, as well as sources of income such as agriculture and other forms of employment. The Palestinian communities situated between the "Green Line" and the Barrier are effectively cut off from the Palestinian society to which they belong. The construction of the West Bank Barrier continues to give rise to widespread appropriation of Palestinian property and extensive damage to or destruction of buildings and farmland.
The ICRC has repeatedly condemned deliberate attacks against Israeli civilians and stressed that all acts intended to spread terror among the civilian population are in clear violation of international humanitarian law (IHL). It recognizes Israel's right to take measures to ensure the security of its population. However, these measures must respect the relevant rules of IHL.
The ICRC's opinion is that the West Bank Barrier, in as far as its route deviates from the "Green Line" into occupied territory, is contrary to IHL. The problems affecting the Palestinian population in their daily lives clearly demonstrate that it runs counter to Israel's obligation under IHL to ensure the humane treatment and well-being of the civilian population living under its occupation. The measures taken by the Israeli authorities linked to the construction of the Barrier in occupied territory go far beyond what is permissible for an occupying power under IHL. These findings are based on the ICRC's monitoring of the living conditions of the Palestinian population and on its analysis of the applicable IHL provisions. The Israeli authorities have been regularly informed about the ICRC's humanitarian and legal concerns.
The ICRC therefore calls upon Israel not to plan, construct or maintain this Barrier within occupied territory.
Other documents in this section:
http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList4/F06BB484D900B227C1256E3E00324D96
For further information, please contact:
International Committee of the Red Cross http://www.icrc.org
Israel/Occupied Territories: The fence/wall violates international law
On the eve of the International Court of Justice's (ICJ) opening hearing on the construction of the fence/wall by Israel, Amnesty International calls on the Israeli authorities to immediately dismantle the sections already built inside the West Bank and halt the construction of the fence/wall and related infrastructure inside the Occupied Territories.
The Israeli government objects to the ICJ hearing the case, claiming that the issue is "political".
"The construction by Israel of the fence/wall inside the Occupied Territories violates international law and is contributing to grave human rights violations. Therefore, it is appropriate that a court of law examines this matter," said Amnesty International.
On 8 December 2003 the United Nations General Assembly, exercising its power under Article 96 of the Charter of the United Nations (UN), passed a resolution requesting the ICJ to issue an Advisory Opinion on the legal consequences of the construction by Israel of the fence/wall inside the Occupied Territories.
The Israeli authorities claim that the fence/wall is "a defensive measure, designed to block the passage of terrorists, weapons and explosives into the State of Israel".
However, most of the fence/wall is not being built on the Green Line between Israel and the West Bank. Close to 90% of it is on Palestinian land inside the West Bank, encircling Palestinian towns and villages and cutting off communities and families from each other. It separates farmers from their land and cuts off Palestinians from their places of work, schools, health care facilities and other essential services.
"Israel's legitimate needs to secure its borders and prevent access to people who may constitute a threat to its security do not justify the building of such a fence/wall inside the Occupied Territories. This could be built on Israeli territory on the Green Line, where mechanisms to control entry of outsiders could also be strengthened if deemed necessary," said Amnesty International.
The building of this fence/wall inside the Occupied Territories has severe negative consequences for hundreds of thousands of Palestinians. It imposes unprecedented disproportionate and discriminatory restrictions on their movements within the Occupied Territories and causes other violations of their fundamental rights, including the right to work, to food, to medical care, to education and to an adequate standard of living.
"Any measure Israel undertakes in the Occupied Territories in the name of security must comply with its obligations under international law," said Amnesty International.
The route of the fence/wall has been designed to encompass more than 50 Israeli settlements in the Occupied Territories, in which the majority of Israeli settlers live and which are illegal under international law.
"The security exceptions in international law cannot be invoked to justify measures that benefit unlawful Israeli settlements at the expense of the occupied Palestinian population. The construction of the fence/wall inside the Occupied Territories is such a measure and in its present configuration it violates Israel's obligations under international humanitarian law," said Amnesty International.
International human rights and humanitarian law requires Israel, as the occupying power, to protect and ensure the rights of the Palestinian population in the Occupied Territories.
Amnesty International urges the international community to ensure that Israel fulfils its obligations under international human rights and humanitarian law, including its obligations as an occupying power under the Fourth Geneva Convention.
"Attempts to resolve the conflict between Israel and the Palestinians through political negotiations must address and ensure respect for the fundamental human rights of both populations," said Amnesty International.
The organization also reiterates its call on the Palestinian armed groups to put an immediate end to their policy of killing and targeting Israeli civilians, inside Israel and in the Occupied Territories, and on the Palestinian Authority to take urgent concrete measures to prevent attacks by Palestinian armed groups on Israeli civilians.
Further information
http://news.amnesty.org/mav/index/ENGMDE150182004
For latest human rights news view http://news.amnesty.org
Amnesty International http://www.amnesty.org
For more information about the Separation Wall, please visit:
B'TSALEM: The Israeli Information Center for Human Rights in the Occupied Territories http://www.btselem.org
International Solidarity Movement http://www.palsolidarity.org
International Women’s Peace Service http://www.womenspeacepalestine.org
Physicians for Human Rights – Israel http://www.phr.il
Rabbis for Human Rights http://www.rhr.israel.net
Stop The Wall http://www.stopthewall.org
Geneva (ICRC) - The ICRC is increasingly concerned about the humanitarian impact of the West Bank Barrier on many Palestinians living in occupied territory.
Where it deviates from the "Green Line" into occupied territory, the Barrier deprives thousands of Palestinian residents of adequate access to basic services such as water, health care and education, as well as sources of income such as agriculture and other forms of employment. The Palestinian communities situated between the "Green Line" and the Barrier are effectively cut off from the Palestinian society to which they belong. The construction of the West Bank Barrier continues to give rise to widespread appropriation of Palestinian property and extensive damage to or destruction of buildings and farmland.
The ICRC has repeatedly condemned deliberate attacks against Israeli civilians and stressed that all acts intended to spread terror among the civilian population are in clear violation of international humanitarian law (IHL). It recognizes Israel's right to take measures to ensure the security of its population. However, these measures must respect the relevant rules of IHL.
The ICRC's opinion is that the West Bank Barrier, in as far as its route deviates from the "Green Line" into occupied territory, is contrary to IHL. The problems affecting the Palestinian population in their daily lives clearly demonstrate that it runs counter to Israel's obligation under IHL to ensure the humane treatment and well-being of the civilian population living under its occupation. The measures taken by the Israeli authorities linked to the construction of the Barrier in occupied territory go far beyond what is permissible for an occupying power under IHL. These findings are based on the ICRC's monitoring of the living conditions of the Palestinian population and on its analysis of the applicable IHL provisions. The Israeli authorities have been regularly informed about the ICRC's humanitarian and legal concerns.
The ICRC therefore calls upon Israel not to plan, construct or maintain this Barrier within occupied territory.
Other documents in this section:
http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList4/F06BB484D900B227C1256E3E00324D96
For further information, please contact:
International Committee of the Red Cross http://www.icrc.org
Israel/Occupied Territories: The fence/wall violates international law
On the eve of the International Court of Justice's (ICJ) opening hearing on the construction of the fence/wall by Israel, Amnesty International calls on the Israeli authorities to immediately dismantle the sections already built inside the West Bank and halt the construction of the fence/wall and related infrastructure inside the Occupied Territories.
The Israeli government objects to the ICJ hearing the case, claiming that the issue is "political".
"The construction by Israel of the fence/wall inside the Occupied Territories violates international law and is contributing to grave human rights violations. Therefore, it is appropriate that a court of law examines this matter," said Amnesty International.
On 8 December 2003 the United Nations General Assembly, exercising its power under Article 96 of the Charter of the United Nations (UN), passed a resolution requesting the ICJ to issue an Advisory Opinion on the legal consequences of the construction by Israel of the fence/wall inside the Occupied Territories.
The Israeli authorities claim that the fence/wall is "a defensive measure, designed to block the passage of terrorists, weapons and explosives into the State of Israel".
However, most of the fence/wall is not being built on the Green Line between Israel and the West Bank. Close to 90% of it is on Palestinian land inside the West Bank, encircling Palestinian towns and villages and cutting off communities and families from each other. It separates farmers from their land and cuts off Palestinians from their places of work, schools, health care facilities and other essential services.
"Israel's legitimate needs to secure its borders and prevent access to people who may constitute a threat to its security do not justify the building of such a fence/wall inside the Occupied Territories. This could be built on Israeli territory on the Green Line, where mechanisms to control entry of outsiders could also be strengthened if deemed necessary," said Amnesty International.
The building of this fence/wall inside the Occupied Territories has severe negative consequences for hundreds of thousands of Palestinians. It imposes unprecedented disproportionate and discriminatory restrictions on their movements within the Occupied Territories and causes other violations of their fundamental rights, including the right to work, to food, to medical care, to education and to an adequate standard of living.
"Any measure Israel undertakes in the Occupied Territories in the name of security must comply with its obligations under international law," said Amnesty International.
The route of the fence/wall has been designed to encompass more than 50 Israeli settlements in the Occupied Territories, in which the majority of Israeli settlers live and which are illegal under international law.
"The security exceptions in international law cannot be invoked to justify measures that benefit unlawful Israeli settlements at the expense of the occupied Palestinian population. The construction of the fence/wall inside the Occupied Territories is such a measure and in its present configuration it violates Israel's obligations under international humanitarian law," said Amnesty International.
International human rights and humanitarian law requires Israel, as the occupying power, to protect and ensure the rights of the Palestinian population in the Occupied Territories.
Amnesty International urges the international community to ensure that Israel fulfils its obligations under international human rights and humanitarian law, including its obligations as an occupying power under the Fourth Geneva Convention.
"Attempts to resolve the conflict between Israel and the Palestinians through political negotiations must address and ensure respect for the fundamental human rights of both populations," said Amnesty International.
The organization also reiterates its call on the Palestinian armed groups to put an immediate end to their policy of killing and targeting Israeli civilians, inside Israel and in the Occupied Territories, and on the Palestinian Authority to take urgent concrete measures to prevent attacks by Palestinian armed groups on Israeli civilians.
Further information
http://news.amnesty.org/mav/index/ENGMDE150182004
For latest human rights news view http://news.amnesty.org
Amnesty International http://www.amnesty.org
For more information about the Separation Wall, please visit:
B'TSALEM: The Israeli Information Center for Human Rights in the Occupied Territories http://www.btselem.org
International Solidarity Movement http://www.palsolidarity.org
International Women’s Peace Service http://www.womenspeacepalestine.org
Physicians for Human Rights – Israel http://www.phr.il
Rabbis for Human Rights http://www.rhr.israel.net
Stop The Wall http://www.stopthewall.org