Palestinian Working Woman Society for Development (PWWSD) Advocacy Statement July 10, 2014 PWWSD Advocacy Statement 10 Years Since the ICJ Decision on the Separation Wall Background: July 9th, 2014, marked 10 years since the International Court of Justice (ICJ) decision indicating that the Israeli Separation Wall is illegal by international law. The advisory opinion, which came out on July 9th, 2004, stated: “Israel’s international responsibility - Israel obliged to comply with the international obligations it has breached by the construction of the wall - Israel obliged to put an end to the violation of its international obligations - Obligation to cease forthwith the works of construction of the wall, to dismantle it forthwith and to repeal or render ineffective forthwith the legislative and regulatory acts relating to its construction, save where relevant for compliance by Israel with its obligation to make reparation for the damage caused - Israel obliged to make reparation for the damage caused to all natural or legal persons affected by construction of the wall” (9 July, 2004; emphasis added). Trends: Despite the fact that the Court found that “the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated régime, are contrary to international law” (9 July, 2004), the wall continues to be constructed, blocking Palestinian farmers from their lands, separating villages from their neighbors, and displacing families. According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), the wall contributes to fragmentation of Palestinian lands, and stands about 712 kilometers long. (2013). By 2013, only 62% of the final construction was completed (indicating that Israel plans to persist in its illegal action). In addition, the wall makes for illegal settlement activity: about one half of Israeli settlements exist between the final barrier plan and the 1949 Green Line. Livelihoods of Palestinians are also at stake; accessibility to lands that were separated by the wall though gates is limited, as most of these are open in the months of October, November, and December (OCHA, 2013). In addition, getting permits is difficult. We at PWWSD also know from women’s testimonies in the Tulkarem area that sometimes only people of old age are given such access. Effects of the Wall on Palestinian Women The Separation Wall violates the basic human rights of Palestinian women. They live in fear of displacement due to the creeping possibility of home demolitions and suffer from restricted mobility. Women who live in the vicinity of the wall are prevented from building new homes and from expansion of current homes. Meanwhile, as their property rights are being violated, illegal settlement activity continues to accommodate Israelis. Women continue to experience harassment by Israeli soldiers near the Separation Wall. Humiliating inspections have a psychological impact on growing girls and women of all ages. In addition to the low employment in these vulnerable areas near the Wall, women in the agricultural sector have limited accessibly to their lands—their livelihoods are narrowed due to restricted access. In a public hearing session on March 27th, 2014, women gave testimonies about the impact of the Separation wall on their lives. One woman, named Nadwa Sabah from the Kafeen village in the Tulkarem area said: “The wall splits the land and about 8000 dunums is now behind the wall. Our village has at least 800 dunums that we cannot use to live. Economically we have a difficult time and cannot benefit from our lands. Our youth cannot travel easily and suffer because their parents cannot pay to educate them, and there are few jobs for them. And most of the olive tree orchards behind the wall have been burned. Every year there are burning incidents. There is not a single tree left unburned. And even if there is a travel permit for people to go, there is a search performed on the women. Soldiers throw away their food. Sometimes they keep women waiting 3 hours, and it is the same for men. And women have children with them. But most people don’t even get permits. And most of their land is behind the wall.” Recommendations: The ruling by the ICJ asserts that there is an international obligation not to take part in the assistance of these illegal actions or to recognize the unlawful situation. In addition, the ICJ has called for actions to bring the international community to guarantee compliance by Israel to the Fourth Geneva Convention, which it is legally bounded to. The Court states that: “Given the character and the importance of the rights and obligations involved, the Court is of the view that all States are under an obligation not to recognize the illegal situation resulting from the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem. They are also under an obligation not to render aid or assistance in maintaining the situation created by such construction. It is also for all States, while respecting the United Nations Charter and international law, to see to it that any impediment, resulting from the construction of the wall, to the exercise by the Palestinian people of its right to self-determination is brought to an end. In addition, all the States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 are under an obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.” (Paragraph 159, 9 July, 2004) PWWSD invites human rights organizations, individual activists, and all those who seek justice to speak out against this ongoing crime. We call for an end to Israeli war crimes, and a demand for equality, human dignity, and fulfilled human rights for all Palestinians.
Posted on: Thu, 10 Jul 2014 12:10:50 +0000
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