Dear Editor,
International law, including the UN Charter, prohibits a State from acquiring territory by force. In 1967, following the ‘Six Day’ war, the UN Security Council passed Resolution 242 which emphasised the “inadmissibility of the acquisition of territory by war”. The goal of international law is peace. UNSC 242 said that a joint and lasting peace required “Withdrawal of Israel armed forces from territories occupied in the recent conflict.” In 2004 in its Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories, the International Court of Justice (ICJ) stated that:
(i) “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.”
(ii) “Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto…”
(iii) Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory.”
The ICJ also said that Israel has an obligation to return the land, orchards, olive groves and other immovable property seized for the wall and to pay compensation if restitution of the property was not possible. There will be no peace until Israel respects international law, takes down the wall and provides restitution and compensation to affected Palestinians. Hamas and Israel should be condemned for breaching international humanitarian law and bombing civilians.
Sincerely,
Melinda Janki
