ICJ comment on Israeli Supreme Court barrier decision

“The Israeli Supreme Court has taken a significant first step in recognizing the disproportionate and acute hardship the Separation Barrier causes for the population in the Occupied Territories,” said Nicholas Howen, ICJ Secretary General.

“The Barrier violates the rights of the Palestinian people under both human rights law and international humanitarian law. The Court has clearly reaffirmed that any Israeli response to the security threat must respect the rule of law,” Howen added.

“The practical value of the decision will be judged, however, on whether the Israeli Government urgently re-evaluates the Barrier, not only in the 40 km stretch, but along its entire route.”

The ICJ also issued today a three-page comment (attached) on the decision of the Israeli Supreme Court issued on June 30, 2004, (HCJ 2056/04) relating to a segment of the Separation Barrier.

ICJ’s commentary elaborates on aspects of the Barrier not addressed or fully addressed by the judges, including whether the Barrier can legitimately encompass Israeli settlement in the Occupied Territories, the discriminatory nature of the legal regime surrounding the Barrier and the fact that the Barrier violates international human rights and not only humanitarian law.

Follow this link to the Comments on the Israeli Supreme Court decision of June 30, 2004 HCJ 2056/04 Beit Sourik Village Council versus Government of Israel.

Follow this link to a detailed Legal Analysis by the International Commission of Jurists on Israel’s Separation Barrier with regard to international human rights and humanitarian law, part I, II and part III, IV.

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