-- Israel's closed zone (between the wall and Green Line) violates Palestinians' free movement rights and their right to work, health, education and an adequate standard of living;
-- destroying property for the wall's construction (including in and around East Jerusalem) violates international law; Israel must halt construction, dismantle portions built and make reparations for the damage done;
-- all UN member states are legally obliged to recognize Israel's non-compliance with Fourth Geneva Convention provisions;
-- the UN (especially General Assembly and Security Council) should address actions required to end the illegal situation resulting from the wall's construction;
-- on July 20, 2004, the General Assembly overwhelmingly adopted Resolution ES-10/15; it called for Israel to comply with the ICJ's Advisory Opinion;
-- since 2004, the Security Council ignored the Advisory Opinion while the General Assembly and Human Rights Council affirmed it; inaction by the Security Council is because the US continues to block it in support of Israel and also prevents the Quartet from implementing the Opinion; as a result, the Quartet never acknowledged it ;
-- the ICJ's Advisory Opinion is "an authoritative statement of the applicable law," but it's not legally binding on States; however, the ICJ is the UN's judicial organ, and the General Assembly overwhelmingly approved the Opinion; it's thus now UN law and the Secretary-General or his representative is obliged to enforce it - to ensure that member States are in compliance; and
-- for over 40 years, UN member States, its political organs and individuals have accused Israel of "consistent, systematic and gross violations of human rights and humanitarian law in the OPT;" in 2004, the ICJ agreed; it stated these violations can't be justified on grounds of self-defense or necessity; the UN is obligated to act; failure to do so "brings the very commitment of the United Nations to human rights into question."
Peace Talks
Dugard noted that it's not within his mandate to address what's "essentially a political process," except as it relates to human rights. On that basis, he stated that Oslo failed the Palestinian people by paying inadequate attention to international law and human rights issues. He hoped the Annapolis process would correct this, but early indications suggest otherwise.
A joint November 27 statement highlighted the problem. It said participants would negotiate on the 2003 "road map," not on the ICJ's Advisory Opinion that detailed Israel's human rights violations. Any hope for peace, however, requires they be addressed and resolved, but so far they're being ignored.
Dugard calls the "road map" inappropriate and unhelpful for the following reasons:
-- it's outdated: it ignores ICJ's Advisory Opinion; doesn't recognize Hamas' democratic election; doesn't address Israel's Gaza withdrawal; or the June 2007 Gaza and West Bank separation;
-- Israel attached 14 reservations to the "road map" that call into question its commitment; and
-- Israel's language shows a further lack of commitment by stating the initiative is "a performance-based and goal driven roadmap."
International law under Article 47 of the Fourth Geneva Convention is one of many serious matters at issue. It affirms that persons under occupation retain their legal rights under any agreement "between the authorities of the occupied territories and the Occupying Power (and) any annexation by the latter of the whole or part of the occupied territory." This means that any recognition of Israeli settlements in Occupied Palestine is illegal under international law. It also highlights the dangers of negotiations between unequals with Israelis controlling everything and Palestinians at their mercy.
I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.
It is the Palestinians that have no right to exist. It is time for Israel to stop being a Jewish state. It is time for massive emmigration to the U.S. Too many people. Not enough water.
by
John Hanks (1 articles, 0 quicklinks, 0 diaries, 996 comments)
on Thursday, March 20, 2008 at 5:32:10 PM
