The annexation of Palestinian territory has been reinforced by the construction of 85 percent of the separation wall--256 of a planned 435 miles has been completed--on occupied Palestinian territory. The barrier cuts the West Bank off from Israel and has been built in a configuration which plunges deep into the West Bank. The settlements and the land to the west of the wall, which makes up 9.4 percent of the West Bank, have already been absorbed into Israel. The seizure of nearly 40 percent of the West Bank includes Israeli control of most of the Palestinians' water supply. The Jewish settlers in the West Bank are allotted per capita four to five times the amount of water allotted to Palestinians by the Israeli government.
The settlements in East Jerusalem and the West Bank violate Article 49(6) of Geneva IV, which prohibits the transfer of the population of an occupying power to the territory temporarily occupied. Israel's stubborn rejection of the demand of Security Council Resolution 242 that it withdraw from Palestinian territories it occupied in 1967 creates, as Falk said, "a background that resembles, and in some dimensions exceeds, in important respects the situation confronting the government of Kosovo."
"Lengthy negotiations have not resolved the issue of the status of Palestine, nor do they give any reasonable prospect that any resolution by negotiation or unilateral withdrawal will soon occur," he said. "Under these circumstances, it would seem that one option available to the Palestine Liberation Organization [the Oslo Agreement empowered the PLO to negotiate international status issues] acting on its own or by way of the Palestinian Authority under international law would be to issue a unilateral declaration of status, seeking independence, diplomatic recognition and membership in the United Nations. The recent Kosovo advisory opinion of the World Court in The Hague provides a well-reasoned legal precedent for such an option."
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