ei: Statement by fourteen former and current politicians and ambassadors (6 November 2004)

Peace Palace, The Hague

November 6, 2004

We, the undersigned former and current politicians and diplomats, call on our governments to bring their policies regarding the Israel/Palestine conflict into accordance with International Law – both in theory and practice. Currently, applied policies frequently contradict the declared positions of our governments and seriously hurt the chances for peace in the Middle East. The way our governments have dealt with the “Wall” that Israel is building on occupied Palestinian land is a case in point.

On 9 July, 2004, the International Court of Justice (ICJ) in The Hague concluded in its Advisory Opinion that the Wall that Israel is building on occupied Palestinian land is illegal and must be dismantled, while Palestinians who have suffered damages as a result of the construction of the Wall must by compensated by Israel. In addition, the ICJ confirmed the illegality of all settlements that Israel has built on occupied Palestinian land, including East Jerusalem.

Moreover, the ICJ explicitly reminded the international community of its obligation to ensure Israel’s compliance with basic and binding rules under International Humanitarian Law, which is violated by the Wall and other Israeli policies. States were called upon not to assist in any way in the construction of the Wall and to uphold International Humanitarian Law as a framework for the resolution of the conflict.

On 20 July, an overwhelming majority (150-6) of the UN General Assembly, including all EU member states, accepted the ICJ Opinion and demanded that Israel and all UN member states comply with the legal obligations spelled out in the Opinion.

In view of the reaffirmation of the legal framework to the conflict provided by the ICJ, we deeply regret that our governments have taken no visible, let alone effective measures so far to ensure Israel’s compliance with its obligations as the occupying power. Hence, Israel has been given a free hand to continue conducting its illegal policies, including the construction of the Wall on occupied land at an accelerated pace. This is leading to further infringements on International Humanitarian Law and Human Rights Law, for which hundreds of thousands of Palestinians pay a terrible price every day, reinforcing the existing state of lawlessness and impunity.

The fact that the ICJ Opinion was originally issued in the form of a non-binding decision does not relieve the international community of its obligation to act. The fact that the judicial opinion is based on rules of International Law that bind all states and that the UN General Assembly overwhelmingly accepted the ICJ ruling subsequently transformed the non-binding opinion into International Law at large and UN Law in particular. Therefore, the fundamental obligations spelled out in the ICJ Opinion must be implemented, including the obligations referring to third-party responsibilities.

Moreover, the international community is obliged to act in the interest of a comprehensive peace. All prospects for a just and viable two-state solution are existentially threatened by the Wall, due to its deep intrusion into occupied territory, the de facto annexation of fertile land and water sources and the complexity of its structure, creating physical facts on the ground with implications for the long-term.

We urge our governments to take measures that ensure that Israel exercises its right to security and self-defence within the limits set by International Law. We do so in the interest of all people seeking a peaceful resolution to the conflict.

We call upon our governments to move beyond simple declarations embracing the rules and principles enshrined in International Humanitarian Law and Human Rights Law. Positions that are in accordance with International Law need to be followed up by actions that confirm and strengthen the rule of law, and not the ‘law of the jungle’.

Actions taken by the international community can indeed prevent or sanction illegal Israeli policies. Only if such actions are taken can a process be established that will lead to a negotiated, just and lasting peace in the Middle East.

Signatories: