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Dr. Mansour: Israel Continues to Act with Impunity, Disrespect of Advisory Opinion, UN Resolutions


NEW YORK, December 15, 2006 (WAFA) - Dr. Riyad Mansour Permanent Observer of Palestine to the United Nations said that Israel, the occupying Power, continues to act with the utmost impunity and in blatant disrespect of the Advisory Opinion and United Nations resolutions.

In a statement before the Resumed Tenth Emergency Special Session of the General Assembly Agenda item 5, Dr. Mansour Israel has not ceased its unlawful construction of the wall in the Occupied Palestinian Territory, including East Jerusalem.

Instead, said Mansour, the occupying Power, continues to press on with its unlawful colonization of the Palestinian Territory through its construction of the wall and its associated regime as well as its settlement campaign, committing countless violations and grave breaches of international law every single day against the Palestinian people, as it feverishly attempts to de facto annex even more of the Palestinian land it has brutally occupied and colonized since 1967.

"More than two years ago, in July of 2004, the General Assembly met in a resumed tenth emergency special session following the rendering by the International Court of Justice (ICJ) of its Advisory Opinion on the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory" he said.

Dr Mansour added that the Advisory Opinion constituted a comprehensive determination of the applicable rules and principles of international law, including international humanitarian law and human rights law, and of the legal obligations arising from the breach of that law by Israel, the occupying Power, as a result of its construction of a wall in the Occupied Palestinian Territory, including in and around East Jerusalem.

"After considering the Advisory Opinion and in a serious effort to uphold international law, the Assembly adopted resolution ES-10/15 on 20 July 2004 by an overwhelming majority, in which it, inter alia, demanded that Israel, the occupying Power, comply with its legal obligations as mentioned in the Advisory Opinion," he added.

As it continues to construct this monstrous wall, he said, Israel, the occupying Power, continues, inter alia, to confiscate more land and to destroy homes, properties and agricultural fields and crops in the Occupied Palestinian Territory.

Dr. Mansour affirmed that the contiguity and integrity of the Palestinian Territory is being destroyed since the construction of the wall and the intricate network of checkpoints as well as colonial settlements correlated to it have sliced and carved the Territory into several enclaves, some completely walled-in, resembling Bantustans.

"Occupied East Jerusalem has been almost totally isolated from the rest of the Occupied Palestinian Territory."

Most regrettably, adds Dr. Mansour, since the rendering of the ICJ Advisory Opinion and the adoption of resolution ES-10/15 by the General Assembly more than two years ago, no concerted action has been taken to compel Israel, the occupying Power, to cease its construction of the wall, to dismantle it and to comply with its legal obligations in this regard.

As a result of this situation, he said, the damages and hardships being suffered by the Palestinian people as a result of the construction of the wall and its associated regime continue to mount.

"We thus appeal today to the international community to take the necessary actions to address this situation and to bring an end to this ongoing injustice against the Palestinian people," adds Dr. Mansour. "The Security Council, which up until today has not even attempted to address the crisis of the wall, cannot continue to evade its responsibilities."

He said the Council must take action to bring an end to this crime that is being committed against the Palestinian people - a crime that is making the two-State solution to the Israeli-Palestinian conflict and the vision of a just and dignified peace nearly impossible to achieve.

"Israel, the occupying Power, must comply - or be compelled to comply - with its legal obligations under international law, as determined by the ICJ in its Advisory Opinion and as demanded by this very Assembly in resolution ES-10/15 and numerous other resolutions adopted thereafter," Dr. Mansour affirmed.

Accordingly, said Dr. Mansour, Israel must cease all of its violations and grave breaches of international law, and it must thus, inter alia, cease immediately its construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle the structure already built therein, repeal or render ineffective all legislative and regulatory acts relating thereto and make reparation for of the damage caused by the construction of the wall.

"In this regard, we recall in specific the request made by this Assembly in resolution ES-10/15 for the Secretary-General to establish a register of damage caused to all natural or legal persons concerned in connection with paragraphs 152 and 153 of the Advisory Opinion."

Dr. Mansour said the establishment of a Register of Damage is vital for the fulfillment of the legal obligation to make reparations, including restitution and compensation, for all of the damage that is being caused by the construction of the wall and its associated regime.

"The Register of Damage should remain open for registration for the duration of the existence of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem."

In conclusion, Dr. Mansour wished to emphasize the fact that the making of reparations - in the form of restitution and compensation - does not absolve Israel, the occupying Power, of its legal obligations to cease its construction of the wall and the associated regime, to dismantle the wall, and to repeal or render ineffective all legislative and regulatory acts related thereto.

A.D (22:29 P) (20:29 GMT)

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