--------- Forwarded message ---------- From: "Audrey Bomse" <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Date: Tue, 17 May 2005 09:42:17 -0400 Subject: [nlg-middleeastcom] FW: AL-HAQ OPEN LETTER on recent Wall developments Message-ID: <[EMAIL PROTECTED]>
>>-----Original Message----- >From: Al-Haq Media [mailto:[EMAIL PROTECTED] >Sent: Monday, May 16, 2005 11:59 PM >To: Al-Haq Media >Subject: AL-HAQ OPEN LETTER > > <http://www.alhaq.org/> > >AL-HAQ OPEN LETTER >FOR IMMEDIATE RELEASE >REF: 13.2005E >17 May 2005 > >To: Lt. Colonel Danny Tirza, Head of the Seam ZoneAdministration > Colonel Yair Lotstein, Legal Advisor of the Israeli Army in >the West Bank >Fr: Randa Siniora, General Director >Cc: Menachem Mazuz, Attorney General >Consuls-General in the Occupied Palestinian Territories > >Al-Haq is gravely concerned by recent reports that Palestinians whose >land has been seized for the construction of the Annexation Wall will be >offered alternative land in the West Bank. If implemented, such actions >would be in gross contravention of Israel's obligations under >international law due to both the confiscation of the land affected by >the Wall and the use of previously-confiscated land as an "exchange" for >these recent confiscations. Moreover, such actions provide further >evidence of Israel's intention to de facto annex the territory affected >by the Wall, in breach of the Palestinian right to self-determination. > >As was unanimously upheld by the International Court of Justice (ICJ) in >its July 2004 Advisory Opinion, the West Bank, the territory on which >the vast majority of the Wall is presently being built, is considered >occupied territory under international law. This has been repeatedly >recognised by the international community, as reflected in UN Security >Council Resolution 242, upheld in numerous subsequent resolutions, and >reconfirmed in the December 2001 Declaration of the Conference of High >Contracting Parties to the Fourth Geneva Convention. Even Israeli >authorities have recognised the applicability of the Hague Regulations. >Much of the land impacted by the Wall's construction remains on occupied >territory and may not be confiscated. The confiscation of private >property in occupied territory is prohibited under Article 46(2) of the >Hague Regulations, reflective of customary international law, which >clearly states, "[p]rivate property cannot be confiscated." Even if the >land were public, it may not be confiscated: Article 55 of these >Regulations provides that Israel as the Occupying Power may only act as >administrator or usufructuary, and thus the land must be administered >accordingly. Israeli authorities do not acquire ownership thereof. > >Israeli claims that such confiscations are lawful on the basis of >military necessity are without merit. Although Article 23(g) of the >Hague Regulations permits the seizure of enemy property during times of >hostilities as demanded by the necessities of war, in order for such >seizures to be permissible, they must pass cumulative tests regarding >the claim of military necessity. The construction of the Wall and its >accompanying land confiscation must, inter alia, adhere to the principle >of proportionality and be the most adequate and effective action to meet >a necessary military goal. The Wall as presently being built does not >meet these tests. It has a gravely disproportionate impact on the >Palestinians in the OPT; the UN Office for the Coordination of >Humanitarian Affairs has estimated that over 100,000 Palestinians will >be directly impacted by the Wall. Further, the routing of the Wall >inside the OPT is neither the most adequate nor the most effective means >of protecting Israeli citizens inside the Green Line. The confiscation >of land affected by the Wall is therefore unlawful. > >Reports have indicated that the seized land in question surrounds the >Israeli settlements of Ar'ael and Emmanuel. Al-Haq wishes to emphasise >the illegality of all Israeli settlements in the OPT, as unanimously >upheld by the ICJ in the Advisory Opinion. It follows that the >construction of an obstacle to protect the residents of such >settlements, thereby impacting a broad range of the fundamental rights >of the Palestinians, cannot be defended as lawful on the ground of >military necessity. It would run contrary to the legal principle that >an illegal act cannot produce legal rights. The solution to protecting >the lives of the Israeli settlers is not to be found in the further >violation of Palestinian rights, but by undoing the original breach and >dismantling all settlements in occupied territory. > >Furthermore, the State's indication that those landowners whose land is >trapped behind the Wall will be offered alternative territory in the >West Bank is itself a violation of international law. The vast majority >of the territory in the West Bank which Israeli authorities claim to be >"State land" has been previously and unlawfully confiscated from >Palestinian landowners. Under Article 46(2) of the Hague Regulations, >title to land may not be transferred to the Occupying Power, and it >cannot be subjected to permanent seizure. Efforts to transfer such >plots of land to those whose land is seized for the Wall's construction >will not only exacerbate the earlier violation, but increase the >permanency thereof. It appears that such transfer of property is being >presented as a means of providing compensation to those landowners whose >land is affected by the Wall. However, one cannot compensate for one >breach of law by formalising previous breaches. > >The plans of the Israeli authorities reflect their intention to de facto >annex the land in question. The prohibition of the annexation of >territory by force is a fundamental principle of international law, >upheld in the UN Charter itself. Actions that serve to annex >Palestinian territory are in contravention of Israel's legal >obligations. As noted by the General Assembly in Resolution 2625 (XXV) >of 1970, broadly recognised as an authoritative interpretation of the UN >Charter, > >Every State likewise has the duty to refrain from the threat or use of >force to violate international lines of demarcation, such as armistice >lines, established by or pursuant to an international agreement to which >it is a party or which it is otherwise bound to respect.. > >It is evident that these actions violate the 1949 armistice line, i.e., >the Green Line. > >Finally, these actions will further restrict the ability of the >Palestinian people to exercise their right to self-determination, a >principle which is upheld in both customary and conventional >international law and has been deemed an erga omnes obligation by the >ICJ. The confiscation of additional West Bank land continues Israel's >systematic practice of reducing the area of land on which Palestinian >self-determination can be realised. The confiscation of land in >association with the Wall is particularly troubling, as the Wall's >serpentine route itself restricts the ability of Palestinians to realise >this right. Ultimately, the effort to move Palestinians to other areas >of the OPT may change the demographic nature of the territory itself, >thereby making it more vulnerable to permanent annexation. > >Efforts to undo the harm caused to the Palestinian population by the >Wall's construction cannot be met by actions which themselves are in >contravention of international law. Indeed, the most adequate and >effective means to address the damage done in this regard is by ceasing >the violation itself - the Wall's construction in the OPT. We urge you >to stop any transfer of land which has been previously and unlawfully >confiscated and to stop the construction of the Wall in the OPT. To do >otherwise serves only to exacerbate Israel's breaches of its obligations >under international law. > > > > >Al-Haq, PO Box 1413 - Ramallah, West Bank >Tel: +972 2 295 4646/9 Fax: +972 2 295 4903 > <mailto:[EMAIL PROTECTED]> [EMAIL PROTECTED] - <http://www.alhaq.org> >http://www.alhaq.org > Yahoo! Groups Links ------------------------ Yahoo! Groups Sponsor --------------------~--> DonorsChoose. A simple way to provide underprivileged children resources often lacking in public schools. Fund a student project in NYC/NC today! http://us.click.yahoo.com/EHLuJD/.WnJAA/cUmLAA/MknplB/TM --------------------------------------------------------------------~-> Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/VTJP/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
