The International Court of Justice ( ICJ) issued the Advisory Opinion on legal repercussions of construction of the Wall in Occupied Palestinian Territory, demarcating Israel and West bank territories in 2004.
Unanimously, the Court drove into the conclusion, that it has the jurisdiction to take decision upon this Case, and fourteen votes to one, endorsed to admit that the state of Israel by constructing the Wall had violated several international law obligations.
The Court indicated that the construction of the Wall and “its associated regime create a “fait accompli” on the ground that could well become permanent, in which case, and notwithstanding the formal characterization of the wall by Israel, it would be tantamount to de facto annexation” .
According to the ICJ, Israel had to stop any further construction of the Wall, dismount all parts of the Wall which has been constructed already and restore reparation to the injured Party, including all damages related to this issue .
Taking into account, that some of breached norms were erga omnes- relates to all international community- all states “not to recognize the illegal situation” and not to assist Israel in its violations.
In 2004 the United Nations General Assembly voted one hundred fifty votes to six to uphold the Opinion of the International Court of Justice.
The Law background
The Court analyzed the applicable rules of the International Law while designating the facts related to the construction of the Wall.
First of all, by the construction of the Wall, Israel is not in conformity with several major international obligations taken by it.
In Annex I to the report of the Secretary-General states that, according to Israel: “the construction of the Barrier is c...
... middle of paper ...
...stances, regime, time and personal identity, therefore, detailed specifics of protection embedded in the IHL, would give a favor to general provisions of the international human rights law and might improve it with more applicable and effective approaches.
It is evident, that Wall does not constitute a mere construction barrier, which annexes land, segregate people, separated from access to water and other vitally important resources, but a gap between human rights, rule of law, custom law and political will supported by super powers not to comply with universally accepted erga omnes norms.
The unanimous accepting of this issue by Judges of the International Court of Justice gives a good sense of feeling to all human beings of the mankind, that the world is still on the “right” side of road, which is leading to human dignity, rule of law and human rights.
The air is cool and crisp. Roosters can be heard welcoming the sun to a new day and a woman is seen, wearing a clean colorful wrap about her body and head, her shadow casting a lone silhouette on the stone wall. The woman leans over to slide a piece of paper into one of the cracks, hoping her prayer will be heard in this city of Jerusalem. Millions are inserting their prayers into the walls of Japanese temples, while an inmate in one of a hundred prisons across the United States looks past his wall toward the prayers he did not keep. Billions fall asleep each night surrounded by four walls and thousands travel to China to witness the grandest one of all. Who builds walls and who tears them down?
To what extent did the events in World War II help the creation of the State of Israel?
Situated just north of Lake Kinneret overlooking the Huleh Valley in Israel and the Al Raquad Valley in Syria sits a plateau, which rises to between 700 and 1,400 feet above sea level and is perhaps the most strategic piece of land in the Middle East, depending on one’s perspective. (Jewish Virtual Library, 2001) The antiquities left behind by the Romans, Turks, Greeks, and Mongols, just to name a few of the empires that have conquered this area, date back several centuries. This relatively small area of land, roughly the size of Queens, New York, is approximately 40-45 miles long and 15.5 miles across at its widest point, and controls the Kinneret, Israel’s only lake and foremost water resource. (Bard, 2002) This much-disputed piece of land is called the Golan Heights.
"7: Rule of Law." United States Institute of Peace. N.p., n.d. Web. 28 Mar. 2014. .
Given current conditions, a fully independent Palestinian State would threaten peace in the region, despite the fact that the Palestinians were the original inhabitants within recent history, and therefore theoretically have the right to the Palestinian area. This is not, however, an excuse to resume Israel’s current treatment of Palestinians. At minimum, Palestinians deserve full access to non-settlement areas of the west bank regardless of Israel’s desire to control and restrict access to roads connecting settlements, reasonably open access to East and/or West Jerusalem, and the same rights as an Israeli citizen within the legal system. To continue forcing poor conditions on Palestinians will only amplify resistance, and consequently, violent
Notably, before the walls creation, Germany was a political mess. It was a mess for many reasons, but the main being that “West Germany (governed by the Allied powers- the United States, the United Kingdom, and France) and East Germany (governed by the Soviet Union)” (“Cold War”). Of course, the Allied Powers and the Soviet Union were polar opposites; the Soviet Union was Communist while the Allies were anything but, and despised the very idea of Communism. Therefore, The Wall was constructed in 1961 by the East German government. The walls main purpose was to stop the emigration of East German citizens, because in “1953, the number of refugees doubled- more than 400,000 people left”, all of whom were heading to West Germany (Dowling). They wanted to stop the “skilled workers and professionals”, which were in high demand at this time, from leaving (“Berlin Wall”). These young men were valuable to the economy, because of the various products and services they could provide. However, they were trapped against their will in East Berlin;...
Physically, the wall is a 4,500-mile long structure that covers land from the Gobi desert to the mount...
The Berlin Wall ferociously slashed through the rights of the people of Germany. People have the right to go and live where they choose. Constructing a wall to trap and limit people was wrong. The people of Germany were oppressed economically and politically.
At this point in time, seniors at Mira Costa feel trapped, as if they can't get out of Mira Costa and Manhattan Beach soon enough. Imagine being physically trapped in their city, surrounded by nothing but a big concrete wall holding them hostage. The Berlin Wall kept half a city hidden behind, what was known as, the iron curtain. The wall was “...a symbol of oppressive and divisive government, not only to the East Germans it contained, but to the rest of the world as well.”("Transitional Justice.") The people of Germany were separated from their jobs, their loved ones, and were forced to live under communist rule.
Since 1967, numerous illegal Israeli settlements have been built on Palestinian land and the occupied territory, “housing more then 400,000 Jewish settlers.” Even since 1967, there has been a lot of divergence, unrest, bereavement, war and obliteration on both sides. There was a war in 1973 and two intifadas Palestinian uprising one that began in 1987 and one that began in 2000 that brings us into the 21st century. There have been many attempts in resolving conflicts however; the conflict is a matter of whether the Palestinians should be permitted to form their own independent country and government in an area that was once theirs yet now occupied and currently the nation of Israel. The Arab- Israeli conflict is historically a fuse that ignites regional battle due to the occupation of Palestine.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
The Great Wall of China stretches about 5,500 miles long crossing deserts, mountains, grasslands, and plateaus. It took more than 2,000 years to build this incredible manmade structure. Many people died to build this wall. It displays the changes between the agricultural and nomadic civilizations. It proves that the superb structure was very important to military defense. It became a national symbol of the Chinese as a security for their country and its people. The Great Wall of China must be preserved at all cost because it is a historical symbol that made it possible for China and other nations across the world to prosper (UNESCO World Heritage Centre: The Great Wall).
... middle of paper ... ... Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also, the war crime courts established after the end of World War II exercised international jurisdiction.
It is therefore no longer is it credible for a state to turn its back on international law, alleging a bias towards European values and influence. All that humankind now requires to bring about the elusive, but eternal, dream of perpetual peace is a global citizenship based on a strong commitment to principles of equity and democracy grounded in civil society.
...., Raič, and Thuránszky J., The International Court of Justice: its future role after fifty