The Israeli’s Wall

Introduction

In April, 2002, Israel approved the construction of a “permanent barrier” – the Wall – inside the Occupied West Bank. Two years later, the International Court of Justice and the international community condemned the Wall, proclaiming it a violation of international law and human rights, as well as obstacle to a peaceful future. Undeterred, Israel continues construction of its Wall.

More than a “barrier”, the Wall consists of an entire regime: concrete slabs towering 25 feet (8 meters) high, razor wire, trenches, sniper towers, electrified fences, military roads, electronic surveillance and remote-controlled infantry. The Wall encircles entire communities and, if completed, will imprison most of the Palestinian population in the Occupied West Bank, thereby separating Palestinians from families and colleagues within Israel, the Gaza Strip and other Palestinian reservations in the West Bank. To date, the Wall has resulted in the confiscation of thousands of dunums (1 dunum = ¼ acre) of Palestinian land.

In addition to the physical structure of the Wall, Israel has instituted a number of administrative measures designed to isolate the Palestinian population and deny them access to their lands and resources. These measures include land and property confiscating orders; home demolitions; the erection of “gates” for which “permission” is now required to access one’s own land, home, school or hospital; and creation of “closed zones” to which Palestinians have no access. All of this is done, Israel asserts, for its security. If the Wall regime were truly about security, it would have been built on Israel’s 1967 pre-occupation border (the “Green Line”) – a less expensive, shorter, more easily patrolled (and therefore more secure) route than the route Israel has chosen. But the Wall is not about security, it is about grabbing more land. This is why the Wall is not built on the Green Line, but rather, well within Occupied Palestinian Territory and in such a way as to confine as many Palestinians as possible while simultaneously de facto annexing as much of their land and resources as possible. Tellingly, the Wall has been routed around not only the existing illegal Israeli colonies but also the planned expansion areas of those colonies. Instead of perpetuating the conflict, Israel should take measures to end the conflict. The Palestinian vision of peace is simple: Israel and a future state of Palestine, living side by side, in mutual peace, prosperity, and security

Palestinians, after all, simply seek the minimum guaranteed to them under international law: the West Bank (including East Jerusalem), the Gaza Strip, control over their own resources and borders, and justice for the refugees. But through the construction of its Wall, Israel effectively renders a future Palestinian state unviable and two-state solution impossible.

It is just easy for Israel to implement international law as it is for Israel to continue to violate it. Perhaps, rather than building walls of hate, Israel should build bridges of peace. International law provides the basis it is up to Israel and the international community to lead the way.

Part One:

Israel’s Wall : Another Land Grab

Israel’s goal in building the Wall is twofold:

  (1)   to confiscate Palestinian land in order to facilitate further colony expansion and unilaterally redraw geopolitical borders and

    (2) to encourage and exodus of Palestinians by denying them the ability to earn a living from their land, by denying them adequate water resources, and by restricting freedom of movement to such an extent as to make remaining in their town or village an unviable option.

Frequently Asked Questions On Israel’s Wall:

“Ariel Sharon keeps goats and sheep. He puts a fence around them and closes them in with a gate. He decides if they come in or go our. This is now what he is doing to us.”

                                                                                                                     Palestinian from Sur Bahir

1.      What’s wrong with the Wall?

The Wall is not being built on Israel’s 1967 pre-occupation border (the “Green Lane”) but inside Occupied Palestinian Territory, thereby de facto annexing Palestinian agricultural and water resources, restricting Palestinian freedom of movement, separating Palestinians from schools, health facilities and jobs, and depriving thousands of Palestinians from the ability to earn a livelihood. It is estimated that approximately 47.6% of the Occupied West Bank (containing approximately 88% of the Israel settlers) will be de facto annexed by Israel, thereby ensuring that Israel’s illegal colonies not only remain but also expand

Israel’s strategy is to annex as much Palestinian land as possible while military encaging as many Palestinians as possible, all in an attempt to continue Israel’s colonization and theft of Palestinian territory. 

Upon it completion, the Wall will be approximately 652 km in length (twice the length of the Green Line). Approximately 249,000 Palestinians (including approximately 20,000 Palestinians in the Closed Zone – see question 4) will be trapped between the Wall and the Green Line.

2.      Is it a “wall” or a “fence”?

The Wall takes many forms. In some areas (notably in Israeli-occupied Palestinian Jerusalem and around the Palestinian city of Qalqilya) the Wall is an eight-meter high structure of solid concrete – twice the height of the Berlin Wall – sometimes with armed sniper towers positioned every 200 meters. In other areas, the Wall is an entire regime of obstacles comprised of trenches (up to four meters deep), electrified fences, razor wire and military-only roads. There is also a 30-100 meter wide “buffer zone” east of the Wall with electrified fences, trenches, sensors and military patrol roads. 

Whether it is called a “wall”, “barrier” or fence” is irrelevant because the effect is the same: Israeli de facto confiscation of Palestinian land, forced impoverishment of Palestinian communities and a coercion of Palestinians to abandon their homes and their property.

3.      Isn’t the Wall necessary for Israel’s security?

No. Given that the Wall has been routed around existing illegal colonies and their planned expansion, the Wall is a land grab and not a security measure. If Israel were truly interested in its security it would: (i)         abide by international law and withdraw completely from the Occupied Palestinian Territory it occupied in 1967 and/or (ii) build the Wall on Israel’s side of the Green Line rather than in Occupied Palestinian Territory.

The International Court of Justice recently ruled that the Wall, along the route chosen, is not a military necessity: “the Court is not convinced that the construction of the wall along the route chosen was the only means to safeguard the interests of Israel against the peril which it has invoked as justification for that construction”.

According to the Israeli State Comptroller’s report, most Palestinians who perpetrated acts of violence in Israel entered the country through checkpoints situated along the Green Line, and not through the open areas between the checkpoints. Despite the reports findings, Israel decided to erect the Wall before it addressed the problems that were found in the operations of the checkpoints.

B’Tselem, an Israeli human rights organization, reached a similar conclusion:

The planned route almost….. is based on extraneous considerations which have little, if anything, to do with the security of Israeli civilians. One of the government’s primary considerations was inclusion of as many settlements as possible west of the barrier in order to increase the likelihood of their annexation into Israel……..

The overall features of the separation barrier and the considerations that led to determination of the route give the impression that Israel is once again relying on security arguments to unilaterally establish facts on the ground that will affect any future agreements between Israel and Palestinians. In the past, Israel used “imperative military needs” to justify expropriation of land to establish settlements and argued that the action was temporary. The settlements have for some time been facts on the ground. It is reasonable to assume that, as in the case of the settlements, the separation barrier will become a permanent fact to support Israel’s future claim to annex additional land.

4.      What is Israel really trying to do by building the Wall?

Israel wants Palestinian land but it does not want the Palestinian people. Consequently, the Wall is part of a strategy to annex large parts of Occupied Palestinian Territory while caging in large Palestinian population centers. Once complete, the indigenous Palestinian population will be restricted to ghettoes constituting less than 12% of historic Palestine while illegal Israeli settlers will be able to freely travel throughout Occupies Palestinian Territory.

In addition, Israel has instituted a number of measures to encourage the migration of the Palestinian population living on the “wrong side” of the wall. On October 2, 2003, the Israeli Army issued an order declaring all Occupied West Bank Land between the Wall and the Green Line as “closed” (the Closed Zone”). The Order states that “No person will enter the [Closed Zone] and no one will remain there. Free access to the Closed Zone – which represented approximately 2% of the Occupied West Bank – will only be granted to “Israelis” defined as Israeli citizens. Israel residents and anyone permitted to immigrate to Israel (i.e., anyone who is jewish). The Order requires Palestinian residents of the Closed Zone to obtain permits to live in their houses, farm their land, and to travel. Nothing in the Order guarantees that permits will be granted or even respected if indeed they are granted. Palestinians not residing in the Closed Zone but whose agricultural lands or jobs are within the Closed Zone must apply for a permit to farm their land or go to work. The Order effectively grants anyone in the world who is Jewish the right to freely travel throughout the Closed Zone while denying the same rights to the Christians and Muslims who live on, farm and own the land.

For an English translation of the Israeli Military Order, see www.nad-plo.org/hborders3.php

5.   Hasn't the Wall saved lives?

No. Since September 2000, 3,749 Palestinian and Israeli civilians have been killed (3,130 Palestinians and 619 Israelis). Approximately 1,775 Palestinian and Israeli civilians were killed after Israel began construction of the Wall, with the vast majority (950 Palestinians) killed in the Occupied Gaza Strip, where a wall has been in place since 1994. In other words, there has not been an overall drop in the number of civilians killed.

Although there has been a drop in the number of Israeli civilians killed, the Wall has not stopped Israel from killing Palestinian civilians. Rather, Israel continues to kill Palestinians at an average rate of 60 Palestinians per month.

Civilian life can best be saved if one understands why there are lost in the first place: both Palestinians and Israelis are losing their lives because of Israel's 37-year military occupation of Palestinian land and Israel's refusal to abide by international law. If Israel wanted to save lives, it would place life above its desire for territorial expansion.

6.   Isn't the Wall just a "temporary" measure?

Defining measures as "temporary" is a strategy often used by Israel to justify illegal actions that are designed to become permanent. In 1967, when Israel began violating the Fourth Geneva Convention by transferring Israeli civilians into illegal Israeli colonies in Occupied Palestinian Territory, Israel claimed the colonies were a "temporary security measure." More than 37 years later, these colonies have not only become permanent but continue to expand. Israel has never dismantled any of these "temporary" colo­nies and there are now approximately 410,000 settlers living illegally in Occupied Palestinian Territory.

Furthermore, the damage that is being caused by the Wall cannot be reversed: Palestinian farmers have already lost their crops, their land and their primary source of livelihood and Palestinian homes and businesses have been demolished for the Wall's construction (such as in Nazlat Issa where 124 shops and 7 homes were demolished in August 2003 and in Barta where 26 shops, 3 homes and 1 factory were demolished in July 2004).

In its recent decision on the Wall, the International Court of Justice stated:

Whilst taking note of the assurance given by Israel that the construction of the wall does not amount to annexation and that the wall is of a temporary nature, the Court nevertheless considers 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.

For the full ICJ decision see: www.nad-plo.org/pdf/icjwall.pdf

7.   Hasn't Israel built agricultural "access gates" to "facilitate" farmer access to their lands?

If Israel really wanted to facilitate access of Palestin­ian farmers to their land, the Wall would have been built on Israeli territory rather than between Palestin­ian farmers and their land.

The gates are an Israeli attempt to make the Wall look humane. In reality however, the "gates" are irregularly opened if at all. For example, all agricultural gates were closed from October 4 - 20, 2003 during the olive harvest, causing many farmers to lose their annual olive crops and related revenue. In the case of the northern gate in Qalqilya, the gate has never reopened since October 4, 2003. The closure of the gates in Qalqilya has caused livestock (particularly poultry) to die. Palestinians regularly endure long, grueling waits and are often denied access. Many farmers have decided to camp and live in their fields in order to ensure access to their land, but Israeli soldiers have arrested the farmers and sent them back to their villages.

Furthermore, Palestinians must apply for "permits" to access their own land. Such permits are not guaranteed and even if granted, are for a limited duration (typically from two weeks to six months) and may not be honored by soldiers stationed at the gates. For example, in Qalqilya in November 2003, 1,200 farmers applied for permits and only 300 permits were issued (approximately 25% of which were issued to deceased Palestinians or those residing abroad). Indeed, the very existence of the permit system demonstrates that Israeli confiscation of Palestinian land has taken legal form.

In addition, Israel continues to reserve the right to confiscate Palestinian agricultural land if it is not being regularly farmed, even if the reason that it is not being farmed is due to Israel's re­fusal to allow farmers to access their fields. Consequently, by denying Palestinian farmers the right to farm their land, Israel is setting the stage for invoking the "use it or lose it" laws to later justify the illegal land confiscation.

8.   But hasn't a wall around the Gaza Strip saved lives?

No. The wall encaging Gaza has not been good for anyone. With a population of approximately 1.3 million Palestinians, and a land area of approximately 365 km², the Gaza Strip is among the most densely populated areas in the world. Since 1994, a wall has been in place around the Gaza Strip. Palestinians from the Gaza Strip are unable to leave the Gaza Strip unless they obtain Israel's permis­sion to do so, whereas Israeli settlers living illegally in the Strip have complete freedom of movement. In other words, Israel has effectively caged in the Palestinians of the Gaza Strip, cutting them off from the rest of Occupied Palestinian Territory and the world.

The Gaza wall has only harmed Palestinian life: due to Gaza's complete isolation, 75% of Palestinians in the Gaza Strip sur­vive on only $2 per day, 13.3% of Gazans suffer from acute malnutrition and 72% of Gazan households rely on food as­sistance. At the same time, Israel has, since September 2000, continued to carry out attacks in the Gaza Strip includ­ing: (i) military invasions; (ii) aerial bombings (iii) killing of 1,400 Palestinian civilians (including 350 children); (iv) land confis­cations; (v) home demolitions that have made 17,000 Pales­tinians homeless and (vi) assassinations. For Israelis, the Gaza wall did not provide security: the only two suicide bomb­ers to enter Israel from the Gaza Strip came after the wall was erected - not before.

9.   If Israel only builds the Wall on the western portion of the Occupied West Bank and not on the eastern portion in the Jordan Valley, would the Wall be acceptable?

No. There is no such thing as a "humane" wall if it operates as a de facto annexation of Palestinian land and denies Palestinian freedom of movement or the ability to earn a livelihood. Even without an eastern Wall, 16.6% of the Occupied West Bank (home to approximately 249,000 Palestinians), will remain trapped between the Wall and the Green Line. The western portion of the Wall alone has already caused the uprooting of more than 102,000 trees, the demolition of scores of homes and the destruction of more than 124 businesses. In addition, key Palestinian natural resources (including water and agri­cultural land) are in the portion of the Wall that has already been built or that is slated for construction.

In addition, even without building the eastern portion of the Wall, Israel is still able to pursue its policy of caging in Palestinian population centers. Israel already controls at least 90% of the Jordan Valley through its regional colony councils. With the exception of Jericho (already surrounded by trenches and Israeli soldiers) the Jordan Valley is sparsely populated though the Palestinians living there have been sub­jected to regular curfews and their movement is severely restricted. Consequently, Israel can maintain control over the Palestinian population in the Jordan Valley while effectively annexing their land.

10. Is there any proof that Israel is attempting to annex Palestinian land?

Yes. In some areas, such as Qalqilya, checkpoints have been moved deeper into Occupied Palestinian Territory and Palestin­ians are required to obtain permits to "enter Israel" even if they want to travel within Occupied Palestinian Territory beyond the checkpoint. Meanwhile, Israel has also confiscated some 6,000 dunums (1,500 acres) for the construction of an "industrial zone" at the Wall which will serve as a source of cheap Palestinian labor for Israeli companies. Additionally, some Palestinian land­owners in Zayta have received expropriation orders which indi­cated that Israel intends to "correct the border." Thus, while Israel has not passed formal annexation laws, it has neverthe­less de facto annexed Palestinian land in violation of interna­tional law.

Furthermore, Israel is attempting to coerce the migration of the Palestinian population in the Closed Zone: approximately 20% of homes in these areas are under threat of demolition, includ­ing in the area of Arab Ramadin, south of Qalqilya where one-third of the village's 33 homes are under threat of demolition. (See question 4 and page 26).

11. Is there a connection between the Wall and Israel's "Gaza Disengagement Plan"?

Yes. Israel claims that it will eventually evacuate its illegal colonies in the Occupied Gaza Strip under a plan called the "Gaza Disengagement Plan." In exchange for evacuating its 7,300 settlers in the Gaza Strip (who comprise only 0.5% of the total Gaza population yet control more than 15% of its land), Israel has announced that it intends to retain and expand its colonies in the Occupied West Bank {including Occupied Palestinian Jerusalem). In other words, in "exchange" for evacuating from less than 1% of Occupied Palestinian Territory, Israel expects to keep more than 40% of Occupied Palestinian Territory. In order to ensure Israeli control over these larger colony blocs, the Wall has been routed around these blocs and their planned expansion.

12. But won't the Wall separate Israelis from Pal­estinians?

The Wall does not separate Palestinians from Israe­lis, rather it separates Palestinians from Palestinians. Since the Wall has been routed around Israeli colo­nies and their planned expansion, Palestinians are now caged into reservations separating Palestinians from one another. The Wall divides Palestinian farm­ers from their land, Palestinian students from their schools, Palestinian worshippers from their holy sites and Palestinian patients from their hospitals. At the same time, illegal Israeli settlers are granted free movement both within Occupied Palestinian Territory and in Israel.

Moreover, Palestinians do not seek, and have never sought separation - they are seeking their freedom.

The Palestinian vision of peace is based on inclusion rather than exclusion: Palestinians seek a warm peace with Israel based on justice and equality between two states, Israel and Palestine enjoying mutually beneficial economic and social cooperation. Such real peace is one in which bridges are built; not walls.

13. Is the Wall legal under international law?

No. Recently the International Court of Justice determined that the Wall is illegal under international law and is not a military necessity. In reaching this conclusion, the Court determined that: (i) in order to build the Wall, Israel destroyed or confiscated Palestinian property in violation of international law and the Fourth Geneva Convention; (ii) Israel's severe restrictions on Palestinian movement violate interna­tional human rights and humanitarian law; (iii) the Wall impedes the right of Palestinians to work, health, education and to an adequate standard of living and (iv) the Wall "severely impedes the exercise by the Palestinian people of its right to self-determination." The Court also ruled that Israel must halt construc­tion of the Wall, return the land to Palestinians whose property has been seized and pay compensation to them.

For a full legal analysis of the Wall's violation of international law, please visit www.palestine-un.org

14. Is the Wall legal under the Oslo Agreements?

No. The Wall violates the Oslo Agreements.

Obligation to Preserve the Territorial Integrity of the Occupied Palestinian Territory

The two sides view the West Bank and the Gaza Strip as a single territorial unit, the integrity and status of which will be preserved during the interim period.  (Interim Agreement, Chapter 2, Article XI)

The construction of the Wall within Occupied Palestinian Territory violates the territorial integrity of the Occupied West Bank.

Prohibition Against Restricting Freedom of Movement

Without derogating from Israel's security powers and responsibilities in accordance with this Agreement, movement of people, vehicles and goods in the West Bank, between cities, towns, villages and refugee camps, will be free and normal and shall not need to be effected through checkpoints or roadblocks. (Interim Agreement, Annex I, Article IX, para 2(a))

Israel's security powers, with respect to freedom of movement, extend only to prohibiting or limiting the entry into Israel of persons and of vehicles from the Occupied Palestinian Territory. Building a Wall within the Occupied West Bank affects Palestinian freedom of movement not only into Israel, but also within and throughout Occupied Palestinian Territory.

15. What is the international community doing to hold Israel accountable for its violation of international law?

International condemnation of the Wall has been widespread: the UN General Assembly has passed two Resolutions demanding that Israel stop and reverse the Wall's construction, and even the United States has expressed its serious concerns over the Wall. Nonetheless, despite these condemnations, the international community has taken no substantive action to stop the construction of the Wall in Occupied Palestinian Territory.

The Fourth Geneva Convention obliges the international community to ensure that the Conven­tion, a primary purpose of which is to protect a population under occupation, is respected:

The High Contracting Parties undertake to respect and ensure respect for the present Convention in all circumstances. (Fourth Geneva Convention, Article 1)

This obligation was highlighted by the International Court of Justice which recently ruled that:

All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem. They are also under an obligation not to render aid or assistance in maintaining the situation created by such construction ....In additional all State parties to the Geneva Convention...are under an obligation.. ..to ensure compliance by Israel with international humanitarian law as embodied in that Convention.

If the international community continues to allow Israel to construct the Wall, it will only serve to teach Israel that it will never be held accountable for its violations of international law.

FACTS ON ISRAEL'S WALL:

Israeli Demolition of Palestinian Properties in the West Bank since Construction of Israel's Wall

Israeli-Occupied Palestinian Jerusalem 1967-2004: Six Maps

Coupled with Israel's ongoing colonization and plans to expand the already expanded limits of Israeli-defined "municipal Jerusalem," Israel's Wall around Occupied Palestinian East Jerusalem is another step in a long-term strategy of confiscating as much Palestinian land as possible, while limiting Palestinian natural demographic growth and encouraging an exodus of the Palestinian population. Israel's Wall will divide the Occupied West Bank in two, while simultaneously consolidating Israel's stranglehold over Occupied Palestinian East Jerusalem.

Map1: 1948-1967

During the course of the 1948 War, Jewish forces occupied 85% of Jerusalem, primarily in the west of the city. The Jordanian Army occupied 11 % (6 km²) in the east of the city. The remaining 4% of Jerusalem was a "no-man's land."

Map2: 1967

Israel claims that the 1967 War was a "defensive war" and that Israel had no interest in land expansion. Yet, within weeks of occupying the West Bank in June 1967, Israel unilaterally expanded the borders of Jerusalem de facto annexing approximately 70 km² of Occupied Palestinian Territory into a newly expanded "Jerusalem municipality." The Israeli expansion was internationally condemned as illegal and not recognized. The new Israeli-imposed borders were gerrymandered in such a way as to incorporate undeveloped Palestinian land for future Israeli colonies while carving away Palestinian neighborhoods such as Ram, Hizma, Anata and Eizarya. In Jerusalem's Old City, over 6,000 Palestinians were forcibly evicted and their homes destroyed in order to create the plaza in front of the Western Wall.

The residents of the 19 Palestinian neighborhoods within the Jerusalem municipality are forced to have Israeli residency permits to live within their own city. Israel requires Palestinian (but not Israeli) residents of Occupied Palestinian Jerusalem to regularly prove that Jerusalem is their "center of life." If Palestinian residents of Jerusalem live, study or work outside of Jerusalem, they risk losing their residency rights. To date, almost 7,000 Palestinian residents of Occupied Palestinian Jerusalem have lost their residency rights.

An additional 18 Palestinian neighborhoods surround Occupied Palestinian Jerusalem - home to an estimated 106,000 Palestinians. These Palestinians are dependent upon the facilities of Occupied Palestinian Jerusalem, including hospitals, universities, schools, and markets for agricultural goods.

Map 3: Israeli Colonies in Israeli-Defined Jerusalem

The land incorporated into the Jerusalem municipality is used to build illegal colonies in an attempt to change the demographic make-up of the area. There are now 24 illegal colonies in Israeli-defined municipal Jerusalem with approximately 200,000 Israeli settlers.

Map 4: "Greater Jerusalem"

Israel has de facto expanded the Jerusalem municipality by incorporating an additional 59 km² of Occupied Palestinian Territory in what Israel terms "Greater Jerusalem." There are an additional 23 illegal colonies in Greater Jerusalem with an additional 69,100 settlers. The largest is Ma'ale Adumim. The number of Greater Jerusalem settlers now exceeds the Palestinian population of Jerusalem and the settlers in Greater Jerusalem comprise more than half the total Israeli settler population.

Map 5: Israeli Colony Expansion

Israel continues to expand the colonies and the colony infrastructure in and around the Jerusalem area, particularly in the Adumim colony bloc and the colony of Har Homa. Israel has also confiscated Palestinian homes to house illegal settlers.

■ In Abu Dis, the colony of Kidmat Zion (400 housing units) has been founded.  Inhabited Palestinian homes were confiscated by the Israeli Army to house the settlers.

■ In Jabal Mukaber, the colony of Nof Zahav (400 housing units) is under construction.

■ In the E1 Plan area, the Adumim colony bloc will be expanded by an additional 4,000 housing units, 10 hotels, an industrial area, a paramilitary complex and a commercial area.

■ To facilitate colony expansion and to connect the colonies, Israel is constructing a "ring road" designed to encircle the Palestinian Christian and Muslim neighborhoods and prevent their growth.

Map 6: Israel's Wall

Israel's Wall is built deep within Occupied Palestinian Jerusalem, encaging the city's Palestinian residents from three sides. Separate walls completely encircle Palestinian Jerusalem neighborhoods (such as in Bir Nabala, northwest of Jerusalem). As a result of the Wall:

■ Occupied Palestinian Jerusalem and its 230,000 Palestinian residents will be separated from the remainder of the Occupied West Bank.

■ Approximately 5% of the Occupied West Bank (320 km²) in and around Occupied Palestinian Jerusalem will be de facto annexed into Israel.

■  More than 15,000 Palestinian residents of Israeli-defined Jerusalem live just south of Ramallah in neighborhoods now isolated behind the Wall.  If they are denied access to Jerusalem, they risk losing their Jerusalem residency rights because they will not be able to prove that Jerusalem is the "center of their life."

■ Palestinians will be denied access to specialized medical and educational facilities as well as holy sites located west of the Wall. These include:

□ Mukassed Hospital - provides heart care treatment.

□ Augusta Victoria Hospital - the only hospital in the Occupied West Bank that provides specialist kidney dialysis.

□ Al-Quds University and the Open University.

□ Al Aqsa Mosque and the Church of the Holy Sepulchre - two of the most important religious sites for Muslims and Christians.

Israel's Wall in Northwest Palestinian Jerusalem

(1) Separation of Northwestern Jerusalem Villages: The northwestern Jerusalem villages, with a combined  population of approximately 30,000 Palestinians, will be separated from the rest of Occupied Palestinian Jerusalem by Israel's Wall.

■ Beit Surik: 76% of its village land (including 60% of its agricultural land) will be de facto annexed by Israel.

■  Biddu: 45% of its village land (including one third of its agricultural land) will be de facto annexed by Israel.

■  Beit Ijza: 44% of its village land (including one third of its agricultural land) will be de facto annexed by Israel.

■ Beit Inan: 35% of its village land will be de facto annexed by Israel.

■ Beit Dukku: 12% of its village land will be de facto annexed by Israel.

■ Qatanna: 11% of its village land will be de facto annexed by Israel.

■ Qubeiba: 4.4% of its village land will be de facto annexed by Israel.

After the construction of Israel's Wall, the Palestinians of the northwestern Jerusalem villages, if permitted to travel, will be forced to travel 2.5 times longer to reach Ramallah (a major Palestinian city) and almost 3 times longer to reach Jerusalem (via Ramallah). The extra distance will lead to increased transportation costs for those goods and services allowed to be shipped into and out of the villages.

(2) Bir Nabala Ghetto: The Bir Nabala Ghetto will be almost entirely surrounded by 17 km of Israel's Wall. It will be physically separated from the rest of the Occupied West Bank, including Occupied Palestinian Jerusalem. Residents of the Bir Nabala Ghetto will be cut off from their primary markets in Occupied Palestinian Jerusalem and space for future housing and commerce is severely limited. The Bir Nabala Ghetto, with a total population of 14,000, is comprised of the five Palestinian villages of Bir Nabala, Jib, Judeira, Qalandia and a part of Beit Hanina.

(3) Givon Colony Bloc: The illegal Israeli colonies of Givat Ze'ev, Givon Hahadasha and Har Adar (the Givon Colony Bloc) house approximately 14,000 Israeli settlers. The Israeli population of the Givon Colony Bloc is equivalent to the Palestinian population of the Bir Nabala Ghetto. Yet, the Givon Colony Bloc, all of it constructed on land stolen from Palestinian villages, is approximately 43 km² - more than 5 times the size of the Bir Nabala Ghetto (8 km²). The Givon Colony Bloc, along with the Modi'in colonies further west, seek to provide a link between Tel-Aviv and Jerusalem through Occupied Palestinian Territory in an attempt to annex large tracts of Palestinian land into Israel. Israel currently plans to expand the Givon Colony Bloc by adding an additional 281 housing units (180 in Giv'at Ze'ev and 101 in Har Adar).

Israel's Wall in the Qalqilya District

(1) Qalqifya: The Palestinian town of Qalqilya in the Occupied West Bank, once home to approximately 43,000 residents, is entirely encircled by Israel's Wall. The Wall to the west of Qalqilya is 8 meters (25 feet) high and made of solid concrete with sniper towers every 300 meters. The northern, southern, and eastern sides of the city are surrounded by: (i) razor wire, (ii) a trench 4 meters wide and 2 meters deep, (iii) a military road patrolled by the Israeli Army, (iv) an electrified fence, and (v) additional trenches and razor wire. The depth of Israel's Wall ranges from 60-100 meters.

Despite Israeli claims of free access to Qalqilya, entering or exiting the town is controlled through one Israeli military checkpoint - though since January 2004, the checkpoint is not always manned. Since the construction of Israel's Wall around Qalqilya, the town's unemployment rate is approximately 67%, one-third of its businesses have closed and nearly 10% of its population has left.

(2) Qalqilya Farm Land: Approximately 7,000 dunums {1,750 acres), representing nearly half of Qalqilya's agricultural land, is located outside Israel's Wall.  Approximately 15 of the city's 39 water wells (representing one-third of the city's water supply) are located outside Israel's Wall. In July 2003, Israel completed construction of three agricultural gates in Qalqilya: two in the south and one in the north. Although Israel claims such gates allow farmers to access their farm land, one southern gate has never opened while the northern gate has been closed since October 4, 2003, denying 280 families access to their crops. Only one gate operates regularly, opening 3 times per day for those farmers who have Israeli permits to access their land. Even this gate is arbitrarily closed. During the harvest season from October 4 - 20, 2003, no Qalqilya agricultural gates were open resulting in the starvation deaths of poultry and the withering of crops.

(3) Underground Tunnel: On August 31, 2004, the Israeli Army opened an underground tunnel connecting the towns of Habla and Qalqilya. Israel confiscated approximately 60 dunums (15 acres) of Palestinian land for the tunnel's construction. Passage through the tunnel will be controlled by the Israeli Army. Palestinians are effectively barred from using the road above the tunnel which operates principally as a road only for illegal Israeli settlers in the Occupied West Bank.

(4) "Closed Zone": Approximately 1,200 people in the Palestinian villages of Wadi Rasha, Ras Tira, Daba and Arab Ramadin are isolated between Israel's 1967 Pre-Occupation Border and Israel's Wall and are consequently subject to "Closed Zone regulations which require Palestinian residents of the Closed Zone to obtain Israeli permission to live in their homes and farm their land. The regulation effectively grants anyone in the world who is Jewish the right to freely travel throughout the Closed Zone while denying the same rights to the Christians and Muslims who live on, farm, and own the land. (See http://www.nad-pio.org/hborders3.php). Approximately one quarter of the homes in Wadi Rasha and Arab Ramadin are under threat of demolition by the Israeli Army.

(5) Illegal Israeli Colonies:

Alfe Menashe: Expansion of the illegal colony of Alfe Menashe is planned to include a new settler-only by-pass road and the additional Israeli colony neighborhoods of Kanyiel, Elonit and Givat Tal. After the expansion, Alfe Menashe will be almost double its current size. The Wall has been routed around the colony and its planned expansion.

Zufin: Zufin was built on land confiscated from the Palestinian town of Jayyus. It currently has a settler population of 900 in 200 units. Israel plans to expand Zufin by an additional 1,670 housing units, expanding the colony 7 times its current size. Already, 1,830 dunums {458 acres) of Jayyus farmland have been confiscated for the expansion of Zufin.

(6) Izbat Tabib; Approximately 16 of the 35 homes in the Palestinian village of Izbat Tabib are under threat of demolition by the Israeli Army. The village's access to the main road has been sealed by the Israeli Army and, as a result, villagers must travel 3.5 kilometers (instead of 300 meters) to reach the main road. As Izbat Tabib is not officially recognized by the Israeli Military Government (also known as the Civil Administration), the Israeli Army categorically refuses to issue any building permits to villagers. To date, only 1 out of approximately 270 residents of Izbat Tabib has been granted an agricultural permit to access land in the closed zone.

(7) Jayyus: All six of Jayyus's agricultural water wells are isolated west of Israel's Wall. As a result, Jayyus residents receive running water only two hours every three days, with an average per capita water consumption of 20 liters per day, five times below the World Health Organization's daily per capita minimum health standard of 100 liters per day. Thirteen Jayyus homes are under threat of demolition by the Israeli Army: six of the homes are east of Israel's Wall and seven of the homes are west of Israel's Wall. The Israeli closure of the agricultural gates during the harvest season of October 2003 caused Jayyus farmers to lose 90% of their guava crop. Gates continue to be arbitrarily closed.

(8) Israeli Army Training Ground: On July 14,2004, the Israeli Army erected Hebrew language signposts indicating Israeli military training zones and later conducted military exerises on the farmlands of Jayyus in the "Closed Zone." According to Palestinians in the area, this is a commonly used tactic employed by the Israeli Army to eventually confiscate Palestinian land for military purposes, An estimated 2,000 dunums (500 acres) of Palestinian land will be affected. Although Jayyus farmers holding Israeli-issued military permits to the Closed Zone still maintain access to their farmlands in the area, it is feared that the military training ground will further impede their access and threaten their land with confiscation for "security reasons."

(9) "Border Crossing": An Israeli military checkpoint has been moved approximately 3 kilometers deeper into Occupied Palestinian Territory and is currently being transformed into a permanent "border crossing." Palestinians wishing to cross the checkpoint must obtain permits to "enter Israel" thereby highlighting Israel's new "border" - well inside Israeli Occupied Palestinian Territory.

HOW TO OBTAIN AN "ACCESS PERMIT"

(required for Palestinians wishing to farm their fields in the closed zone)

Palestinians trapped between the Green Line and Israel's Wall are subject to "closed zone" regulations, which require Palestinian residents of the dosed zone to obtain Israel's permission to live in their homes and farm their land. The regulation effectively grants anyone in the world who is Jewish the right to freely travel throughout the closed zone while denying the same rights to the Christians and Muslims who live on, farm, and own the land. The time and expense Palestinians must invest into obtaining a permit in order to access their land is an oppressive experience that Israel forces on the Palestinians in the attempt to coerce them off their land. Here is the system:

Israel's Wall in the Northwestern West Bank

(1) Barta East: On March 14, 2004, Israel announced it would reroute the Wall closer to Israel's 1967 Pre-Occupation Border and presumably tear down sections of the currently existing Wall. While used in Israeli public relations campaigns as an example of Israel "improving the conditions in the area," the new route actually worsens the plight of Barta East residents by (i) separating the town center from approximately 60% of its surrounding land, half of which is cultivated land, (ii) slating for destruction the town's commercial center located 200 meters inside the Occupied West Bank directly on the Wall's rerouted path and (iii) separating Barta East from Barta West and other towns inside Israel which support the economy of Barta East.

On July 20, 2004, the Israeli Army demolished 3 Palestinian homes, 26 Palestinian shops and an olive oil factory in order to continue construction of its Wall, in violation of the July 9th ruling of the International Court of Justice. The Army fired live ammunition at Palestinians, injuring 8 civilians, critically wounding two. An additional 22 Palestinian shops remain under threat of demolition.

(2) Nazlat Issa Market: On August 21, 2003, the Israeli Army destroyed 124 market stalls and seven homes in what was once the largest open-air market in the Occupied West Bank. On August 24, 2003, Israeli military order 03/57/C confiscated market land "out of necessity to protect Israeli settlements [colonies] in the area." The nearest colony, Khermesh, is nearly 4 kilometers away.

(3) Nazlat Issa/Kaffin "Closed Zone": Six homes and 62 people remain isolated on the western side of the Wall and 18 schoolchildren are forced daily to pass through military gates to attend school.

Also isolated on the western side of the Wall is approximately 130 acres of Nazlat Issa's cultivated land and approximately one-third (430 acres) of Kaffin's cultivated land.

(4) Zayta: The southern agricultural gate in Zayta, the stated purpose of which is to facilitate farmer access to agricultural land, remains closed. Forty-seven farmers have been denied access to their land.

(5) Shaked Industrial Park: In March 2004, Israel announced the confiscation of lands belonging to the Palestinian villages of Yamoun, Araqa, Sila Harthia and Yabad for expansion of the Shaked Industrial Park. Several Israeli industrial parks are planned throughout the Occupied West Bank, all located in or near a major Israeli colony bloc. The strategy is to deprive Palestinians of their livelihood by confiscating agricultural land, and attract Israeli businesses to such land by allowing them to benefit from cheap Palestinian labor nearby.

(6) Closed Zone: The Palestinian villages of Daher al-Malih, Um Reihan and Muntar East will remain isolated between Israel's 1967 Pre-Occupation Border and the Wall and are consequently subject to "Closed Zone" regulations. See http://www.nad-plo.org/hborders3.php

Destroying the Two-State Solution

Israel has routed the Wall around major Israeli colonies {rather than on its 1967 Pre-Occupation Border (the "Green Line")) and has de facto expropriated both Palestinian land and Palestinian natural resources. The resulting "Palestinian state" will be one that will: (1) not be contiguous; (2) be separated from Occupied Palestinian Jerusalem; (3) be devoid of major resources, including water; and (4) not be economically viable. Through the construction of Israel's Wall, Israel is effectively destroying the prospects of a two-state solution.

Resolution ES-10/15 (20 July 2004) (Adopted by a vote of 150-6-10)

Considering that respect for the International Court of Justice and its functions is essential to the rule of law and reason in international affairs [the UN General Assembly],

■  Acknowledges the Advisory Opinion of the International Court of Justice of 9 July 2004 on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, including in and around East Jerusalem.

■ Demands that Israel, the occupying Power, comply with its legal obligations as mentioned in the Advisory Opinion.

■   Calls upon all Member States of the United Nations to comply with the legal obligations as mentioned in the Advisory Opinion.

■  Requests the Secretary-General of the United Nations to establish a register of damage caused to all the natural or legal persons concerned in connection with paragraphs 152 and 153 of the Advisory Opinion.

■   Decides to reconvene to assess the implementation of the present resolution, with the aim of ending the illegal situation resulting from the construction of the wall and its associated regime in the Occupied Palestinian Territory, including East Jerusalem.

■   Calls upon all States Parties to the Fourth Geneva Convention of 1949 to ensure respect by Israel for the Convention...