Emergency Resolution on the Occupied Palestinian Territories


The Congress of the International Federation for Human Rights meeting in Quito on 5th and 6th of March 2004,

Considering the belligerent occupation of the Occupied Palestinian Territories (Gaza Strip, West Bank, including Jerusalem) since 1967;

Considering the de jure applicability of the Fourth Geneva Convention to the Palestinian Occupied Territories;

Considering that during the last thirty-seven years of this belligerent occupation, Israel has repeatedly violated many of the provisions of the Geneva Convention and that over the last three years there has been a serious escalation in violence perpetrated against Palestinian civilians and that an unprecedented number of grave breaches of article 147 and 149 of the Fourth Geneva Convention have been systematically committed, namely war crimes, such as wilful killings, bombings of civilian areas, torture and inhuman treatment and unlawful confinement, wilfully causing great suffering, unlawful deportations and transfer, arbitrary detention, siege of cities, repeated incursion, curfews, massive destruction and expropriation of property;

Considering that the construction of the annexation wall that is being built by the belligerent Israeli occupation in the Occupied Palestinian Territory, which is seeking annexation of the 58% of the West Bank land, including in and around East Jerusalem, gravely breaches applicable international humanitarian law as well as international human rights law, and that the wall constitutes a de facto annexation of Palestinian Territories and considering furthermore that it abolishes the right to self-determination of the Palestinian people;

Considering that the International Court of Justice (ICJ), as the main judicial organ of the United Nations, is vested with certain responsibilities regarding international law that the court was asked by the General Assembly to give an advisory opinion on the legal consequences of the construction of the wall inside the Palestinian Territories,

Considering that the European Union and the United States of America opposed the procedure before the ICJ,

Recalls that International humanitarian law should not be politicized in such a manner,

Recalls that it is of greatest importance and interest that the International Court of Justice issues an opinion on the legal consequences arising from the construction of the wall.

Urges the Government of Israel,
- To put an end to the current Occupation of the Palestinian Territories, and meanwhile,
- To recognize the de jure applicability of the Fourth Geneva Convention and to implement its provisions in the OPTs,
- To distinguish, in all circumstances, between military objectives and civilian persons and objects,
- To immediately put an end to the construction of the barrier/wall.

Urges the High Contracting Parties,
- To take immediate steps to ensure Israel’s implementation and respect for the provisions of the Convention in the OPTs,
- To implement sanctions, including economic and diplomatic, which would ensure Israel’s respect of its obligations under the Convention.

Urges the European Union:
- To immediately implement article 2 of the Association Agreement which requires compliance with international human rights standards,
- To stop the conspiracy of silence in order to impose the respect of international human rights.

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