10 7 2014, The national-international campaign for the implementation of ICJ's decision , was launched yesterday, in a press conference held in Ramallah, in the tenth anniversary of the ICJ’s decision on the illegality of the wall.
Stop the Wall noted that the aim of this campaign is to create a national and internationalpromotion of international solidarity; and to emphasize confrontation in the international arena for the implementation of international resolutions in general andto put pressure for stronger action from the United Nations to ask its member states tocommit to their responsibilities in implementing ICJ’s decisions.
Stop the Wall marked the campaign’s demands at this stage as, first to focus on the responsibility of States, institutions and companies towards international law with regard to, investment, cooperation, and relationships with Israel. Which requiresformal Palestinian appeal to the UN to urge all Member States signatories to the Fourth Geneva Convention to implement its commitments and international obligationstowards the implementation of the decision.
The grassroots movement against Israel's Wall emphasized that this approach obliges states to review their investments and trade relations with Israel, as well as it opens the door to an international boycottmovement, which will lead to international isolation of Israel; for example, the European Union issued instructions at the beginning of this year that prevent its members from investing and trading with settlements in the occupied territories, which led to friendly countries’ boycott of the 5 most important Israeli banks.
Second, approaching the General Assembly to re-form an anti-apartheid campaign. Which would give the Palestinian side the tools for legal investigation of the Israeliracist practices, and thus delegitimize the policies of this colonial and apartheid regime. And therefore, the beginning of official claim to impose sanctions on Israel, to give Palestinian people their inalienable rights.
Locally, Stop the Wall pointed to the need to raise awareness of the possibility of confrontation and occupation’s resistance in the presence of unused powerful and effective options. As well as strengthening the confidence of Palestinian people on their abilities, and the importance of international solidarity to besieged Israel and internationally isolate it as an occupying, apartheid power. Also involving the widest popular, institutional, civil and formal base; imposing the presence of the ICJ’s decision and to demand the implementation of international resolutions and international law on the agenda of the formal side. In addition to strengthening the presence of international law as one of the most important references to any political movement.
Globally, the operationalization of international solidarity and strengthening its role inpressuring governments to implement international decisions; as well as emphasizing the international boycott movement.
He stressed that this would strengthen the national demand of correcting the way of dealing with the Palestinian issue, on the basis of international law and the resolutions of international legitimacy as a reference to resolve the Palestinian issue, but notAmerica, and direct bilateral negotiations.
Holding war criminals accountable on the Palestinian and international levels.
The lawyer Sahar Francis, covered the prospects and options offered by the ICJ’s decision regarding the wall, and what is required in practice to implement the resolution on legal terms, in light of the international failure, as Palestinians also hold some responsibility on the failure of “holding Israel accountable” part. She confirmedthat the crime of the construction of the wall is no less dangerous form other occupation’s crimes such as settlement, in which all intended to paralyze the Palestinian right of self-determination and of building their independent state.
Francis pointed the most important legal principles contained in the resolution, which form different beginnings that Palestinians could use to implement the resolution,since the decision confirmed that international humanitarian law and human rights lawapply to all the occupied territories, including East Jerusalem; and it strongly emphasized Palestinians right of self-determination. As the decision also confirmed restricting the acquisition of others’ territories by force; this part is considered very important because it opens the maneuver not only on the borders of June 1967, but also on the partition resolution 181 of 1948.
ICJ’s decision also rejected the justifications for the establishment of the Israeli security wall and settlements, this is important because all the legal Israeli decisionson the wall and settlements are based on security claims, which is rejected by this decision; and it also confirmed the illegality of settlements.
The decision also stressed that third parties of countries, and international organizations must be responsible for their obligations under international law; and toput an end to violations of the occupation. Here she talked about the responsibility ofthird parties, especially those signatories to the Fourth Geneva Convention to hold accountable violators and war criminals, by the imposition of legislation to hold Israeli war criminals accountable, here comes the responsibility of the Palestinian Authority being a signatory to the four Geneva Conventions, which gives the PA thelegal authority to prosecute Israeli war criminals and to sign an agreement on extradition with all parties signatories to the Convention.
She stressed the importance of the special provision in the court's decision, whichstipulates that all states are obliged not to recognize the current situation, not to render aid and assistance, should intervene to remove the effects of these violations, and tourge on the necessity of the UN Security Council and the General Assembly intervention to end the legal situation. She also pointed out that the PA is responsible to go to the General Assembly to discuss the withdrawal of the occupation’s membership in the assembly.
Francis added that what is required on the Palestinian level is that the PA avoids the idea of ââa land swap, because wall’s aim is the annexation of land that is on the occupation’s side of the wall; and to avoid the recognition of any changes on the ground caused by the wall and the settlements. Also to take an action to hold a conference of States signatories to the Geneva convention, to ask them to assume their responsibilities regarding accountability, the use of wall and the ICJ’s decision, to expand Israel boycott campaign, as the decision address these measures.
She also stressed the need that official authorities urge the UN Security Council and the General Assembly to fulfill its obligations under this resolution, as the Palestinian Representative did not yet make a resolution draft or a decision to implement the decisions of International Court of Justice about the wall. Bring lawsuits in different countries, especially the signatories to the Geneva convention to theoperationalization of universal jurisdiction, and the most important one is the signing of the Rome Statute. Also the need that PA join the International Criminal Court to be able to hold Israeli war criminals accountable; and to ask the General Assembly to issue clear decisions through the dismantling the decision to number of decisions that will be presented to the Assembly to take decisions such as to compel states to implement.
Hesitation in the political decision and the absence of political will to implement court's decision
In conclusion, Dr. Mustafa Barghouthi, closed the conference, asserting that the court's decision, which was issued 10 years ago, despite the obstacles that the Palestinian side faced, is one of the most important international resolutions which have beenobtained because it was unanimous, strong and crucial in the identification of Israel’s violations.
He stressed that the decision confirmed the illegitimacy and illegality of all settlements and the wall and that it must be removed. In addition to the illegality of all the changes that have occurred in the West Bank, including East Jerusalem, and that itmust be removed by international law; he added that Palestinians who have been affected should be compensated for what they lost and for what they will lose after removing the wall.
Barghouti added that we didn’t benefit from this decision since ten years is first a result of the hesitation in the Palestinian political decision, before talking about the international failure; and that the reason of this hesitation is due to the continuedbetting on the negotiations, and that after 21 years of continuous negotiations failure, it is time that everyone recognize that this approach has failed.
Barghouti ensured that what is needed is a different approach and other alternative, that believes in resistance and the rights of Palestinian people. And what is asked now is the quick use of international law weapons that we have, and the fact that theresolution is clear and important urges us to use it.
At the official level, it is necessary to immediately start signing the Rome Statue and to head to the Criminal Court . PLO must adopted what was adopted by the African National Congress, which is the boycott, and imposition of sanctions on Israel campaign. What Palestinians need now is a unified national leadership. He stressed that the whole world is taking place in solidarity with the Palestinian people and thatwe strongly appreciate that, and that we call our people in the West Bank to stand out. He also stated that we are proud of what happened in the occupied territories since 1948, today, our people prove that we are united.