Foreword

This document is authored by the producers of Holy Land Peace*. It is an instrument inspired by the BDS Declaration of 2005** and is issued in the same spirit and for the same ultimate goal – justice, liberation from oppression, and dignity of the people of Palestine – those fortunate enough to have escaped the ethnic cleansing of 1947-1949 and later years; those internally displaced in Israel; those fortunate enough to have retained their historical/ancestral homes and lands in the illegally Occupied Palestinian Territories; those internally displaced in the illegally Occupied Palestinian Territories; and those in the near and far diaspora. The authors realize it is insufficient to merely publish and distribute this instrument. It is imperative that justice-seeking organizations worldwide adopt and support it, as well as persuade pertinent international authorities to implement it. The authors acknowledge that they are not a recognized Palestinian authority, and that such an authority must ultimately take ownership of this document. Until then, for the sake of order, please forward constructive suggestions to the authors.

Since World War I, grave injustices have befallen the Holy Land – Palestine and its people – Christians, Muslims, and Jews. This is not to say that injustice had not previously befallen the Holy Land. Injustice has been a byproduct of human nature since Cain killed Abel. Hordes of conquerors and occupiers have taken their turn in Palestine over the centuries. Since the turn of the 20th Century, humanity perceived and aggrandized itself as a species capable of wielding justice internationally, so this document addresses injustices incurred since that time.

What humans label “justice” is true justice only if applied equally and impartially. That is the purpose of the lady holding the scales of justice in wearing her blindfold. What purpose does it serve to have a “justice” system, when laws are not enforced equally? Sadly, when it comes to the Zionist state of Israel, Lady Justice has long traded her blindfold in for blinders. Our outreach is to all peace-seekers, in the hope that they embrace the above underlined postulate, giving credence and validity to this document.

The overview of injustices is outlined in two sections:

• Part I represents those injustices unwittingly adopted by the international community, whether due to its ignorance or clever Zionist manipulation.

• Part II represents those injustices rightfully condemned by the international community, but sadly, not yet corrected.

  Subsequent to the overview, the essential actions required for justice are outlined.

Injustices – Part I

• 1916: Great Britain “mandated” Palestine
  The altruistic aim of the Allies in WW-I was to liberate nation states from imperialism that they themselves may have governed. Instead, the Allies divvied up the Middle East among themselves via the secret Sykes-Picot Agreement between Britain, France and Russia.

• 1917: Balfour Declaration “promised” a national Jewish homeland in Palestine
  Influenced by European Zionists, this was an agreement by Europeans with Europeans, having never consulted the indigenous peoples of Palestine. Ironically, the declaration included language recognizing the needs and rights of the native Palestinian inhabitants. This sensitivity achieved the required perception of morality necessary to attain British support, but would be summarily dismissed upon implementation following World War II.

• 1917-1946: European Zionists illegally immigrated into Palestine
  British forces were unable to control the influx of illegal European Zionists into Palestine, as tens of thousands land-grabbed and formed illegal colonies.

• 1947: U.N. partitioned Palestine into two states
  Influenced by European Zionists, the newborn United Nations naively passed General Assembly Resolution 181, dividing Historic Palestine into Israel-55% and Palestine-45%. Highly contested, it completely ignored the indignant protests of the native Palestinians and supportive Middle Eastern nation states, themselves striving for nationalism and independence.

• 1947-1949: Zionists destroyed 500 villages and expelled 800,000 Palestinians
  No implementation plan was devised for the irresponsible U.N. Partition Plan. This empowered the Zionists to move quickly – Israel was established and recognized by the U.N., while well-funded, well-armed European Zionist forces attacked the poorly equipped Palestinian resistance. Besides the displaced refugees, this left more than a million Palestinians behind in the Palestinian territories, as well as newly-formed Israel.

• 1949: Israel aggressed to 78% of historical Palestine
  European Zionists, reacting quickly to U.N. Resolution 181, conquered and occupied 78% of the land, flouting the original allotment of 55%. This was and remains the Zionist grand design for Palestine – the ethnic cleansing of the indigenous population, along with all-out takeover of historic Palestine. The U.N. finally stepped in to protect the remaining 22% of the land via the 1949 Armistice. Ironically, the Palestinians were denied self-government – in some measure because their polity had been shattered and their population greatly scattered and in shock – and administrative control was “assigned” to Jordan and Egypt.

• 1947-Present: Zionists committed crimes against humanity
  In the name of “Israel”, Israeli, American, European, and other Zionists have committed unspeakable atrocities against the Palestinian people. For example, women and children were massacred at Deir Yassin (1948), Sabra and Shatila (1982), and Gaza (2005-present).

• 1949-Present: Israel established and maintained Apartheid internally
  European Zionists have maintained laws within Israel discriminating against Christians, Muslims, and non-European Jews. There is also well-documented racism in medicine, business, schools, courts, government, etc. For example, Israeli Basic Law states, "…may not participate in the elections if there is in its goals or actions a denial of the existence of the State of Israel as the state of the Jewish people…”.

• 1950-Present: Israel refused right-of-return to Palestinians
  In defiance of international law, Israel has repeatedly refused displaced Palestinians their inalienable right-of-return.

• 1960-Present: Israel established and maintained undeclared nuclear arms
  In 1960, the U.S. State Department determined the existence of an Israeli secret nuclear installation. 1967-1985, Israel collaborated with South Africa – another Apartheid state at the time – in secret nuclear development. In defiance of numerous U.N. resolutions (1979-1994), Israel has repeatedly refused U.N. inspection, and remains an undeclared nuclear power in addition to maintaining chemical and biological warfare capabilities.

• 1967-Present: Israel illegally attacked and occupied the Palestinian Territories
  In defiance of international law, in what is now known as “the six day war”, Israel attacked and took control of the Palestinian Territories – the West Bank, Gaza, and East Jerusalem. In complete disregard of international law, Israel annexed East Jerusalem and has continued to illegally occupy these lands, brutalizing the residents, building illegal settlements, populating these settlements with armed settlers from around the globe, while expropriating land and water rights.

• 2002-Present: Israel built and maintained the Apartheid Wall
  In defiance of international law, Israel has built a separation wall, extending well into the illegally Occupied Palestinian Territories. Numerous analysts term the wall a physical manifestation of a system of oppression and discrimination richly fitting any accepted definition of Apartheid. Such a regime was exposed, confronted, and finally brought to an end in South Africa.

The international community regrettably acquiesced to the injustices bulleted in Part I. The result is that the official state of Israel consists of 78% of Historic Palestine. Although this fact is almost impossible for all Palestinians to digest, that is the way things are.

It is crucial to emphasize that unequivocally, Palestine should have been a united independent state to begin with. Christian, Muslim, Jewish, and other Palestinians had lived in harmony for centuries despite the many empires, conquerors, and exploitive occupiers. Palestine had frequently been a haven for Jews who were persecuted in other lands. A program could have easily been devised for controlled immigration of Jews and others seeking religious and/or social sanctuary. Such a solution would have been better accepted by native Holy Land inhabitants. However, short of an attack of conscience on the part of the Israeli government and people, there is no present remedy for the blunders documented in Part I.

Therefore at this time, only the injustices in Part II can be reasonably addressed – but addressed they must be! Israel must be stopped from operating outside of international and moral law with impunity. The international community must enforce justice universally.

Justice Essentials

• Israel must immediately, unconditionally, and completely withdraw from the illegally Occupied Palestinian Territories
  International law demands that Israel withdraw from Palestinian Territories. Reference numerous U.N. Security Council resolutions – at the minimum, Resolutions 242, 338, and 446. This withdrawal must include relinquishing all control and influence on borders and ports of Palestinian Territories.

• U.N. must sanction Israel for international laws broken during the last 65 years
  Sanctions must include compensation for property and personal damages resulting from the ethnic cleansing and illegal occupation, as well as future economic and political sanctions befitting Israel’s 65 years of ongoing international crimes.

• Israel must honor the inalienable right-of-return of displaced Palestinians
  International law demands that Israel allow displaced Palestinians their right-of-return to modern-day Israel. Although this will be logistically difficult to accomplish, an international committee must enforce this right with minimal disruption to Israeli citizens, as well as Palestinian refugees. Many U.N. resolutions guarantee this right – at the minimum, Resolution 194.

• Israel must immediately release all Administrative Detention prisoners
  International law precludes any government from detaining individuals without charge, legal counsel, or fair trial.

• Israel must allow independent review of Palestinian political prisoners
  Because of its infamous record of injustice, Israel must submit all cases of political imprisonment to international audit.

• Israel must immediately dismantle the Apartheid Wall at its own expense
  The International Court of Justice ruled on 7/9/2004 that the “Separation Wall” was illegal. This ruling must be enforced! Israel must compensate land owners and others who have suffered from this atrocity.

• Israel must amend any laws discriminating on the basis of religion or ethnicity
  In the same spirit as South Africa was “persuaded” to end its Apartheid, the same must be accomplished in Israel.

• An international War Crimes Tribunal must be held for Zionist war criminals
  In the same spirit that the Nuremberg Trials brought justice to Nazi war criminals, the same must be applied to Zionist war criminals – Israeli, European, American, or other.

• Israel must dismantle its nuclear weapons and facilities
  A host of U.N. resolutions demanded that Israel subject itself to inspection – at the minimum, Resolution 35-157. Israel must dismantle its undeclared nuclear arsenal and allow U.N. inspection. For that matter, all world powers, including the U.S., should eliminate their nuclear arsenals. Chemical and biological warfare should also be discontinued worldwide.

Part I.

Introduction

The States Parties to the present Convention,

Recognizing the increasingly important role of multilateral diplomacy in relations between States and the responsibilities of the United Nations, its specialized agencies and other international organizations of a universal character within the international community, Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security and the promotion of friendly relations and cooperation among States, Recalling the work of codification and progressive development of international law applicable to bilateral relations between States which was achieved by the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, and the Convention on Special Missions of 1969, Believing that an international convention on the representation of States in their relations with international organizations of a universal character would contribute to the promotion of friendly relations and cooperation among States, irrespective of their political, economic and social systems, Recalling the provisions of Article 105 of the Charter of the United Nations, Recognizing that the purpose of privileges and immunities contained in the present Convention is not to benefit individuals but to ensure the efficient performance of their functions in connection with organizations and conferences, Taking account of the Convention on the Privileges and Immunities of the United Nations of 1946, the Convention on the Privileges and Immunities of the Specialized Agencies of 1947 and other agreements in force between States and between States and international organizations, Affirming that the rules of customary international law continue to govern questions not expressly regulated by the provisions of the present Convention,

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The countries of the Euro-Mediterranean partnership, guided by the principles and objectives of the Barcelona Declaration, are united in the struggle against terrorism. The threat that terrorism poses to the lives of our citizens remains serious and terrorist attacks seriously impair the enjoyment of human rights. We remain determined to strengthen cooperation and co-ordination to respond to this global challenge. Today, we reiterate our total condemnation of terrorism in all its forms and manifestations and our determination to eradicate it and to combat its sponsors.

We have exerted considerable effort and had significant success in combating terrorism. We must continue to prevent terrorists accessing money and weapons, to disrupt their plans and disrupt their networks and to bring them to justice, by strengthening international cooperation. Our response must remain proportionate and solidly anchored within international and domestic legal frameworks that ensure respect for human rights and fundamental freedoms. We must not imperil the democratic values to which we are committed.

We confirm that we will:

• implement in full all Security Council resolutions addressing the issue of terrorism, ensuring respect for the Charter of the United Nations, international law and international humanitarian law;
• strive to achieve the ratification and implementation of all 13 UN Counter-Terrorism Conventions;
• welcome the work on the development of the UNSG’s strategy in the fight against terrorism and co-operate with UN anti terrorism bodies;
• encourage the full implementation of the standards established by the Financial Action Task Force;
• exchange information on a voluntary basis on terrorists and their support networks, in accordance with international and national law;
• work bilaterally and in accordance with national legislation to develop our effective and operational co-operation to disrupt networks and bring individuals involved in terrorist acts to justice;
• refuse asylum to terrorists and deny them safe haven in accordance with international law;
• share expertise and best practices on countering terrorism on a voluntary basis, including through technical assistance;
• ensure respect for human rights in the fight against terrorism in accordance with international law;
• Consider convening a high level conference under the auspices of the UN to formulate an international response to terrorism in all its aspects and manifestations, following agreement on a comprehensive convention on international terrorism.

Terrorism can never be justified. If we are to succeed in the long term in enabling international institutions, governments to stop terrorism we need to address all its causes. We recognise the links between peace, security, social and economic development and human rights. We will continue to do all we can to resolve conflict, end occupation, confront oppression, reduce poverty, promote good governance and human right, improve intercultural understanding and ensure respect for all religions. Such actions serve directly the interests of the people of the Euromed region and work against the interests of the terrorists and their networks.

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The Court will render its Advisory Opinion on Friday 9 July 2004, at 3 p.m.

THE HAGUE, 25 June 2004. The International Court of Justice (ICJ), principal judicial organ of the United Nations, will render its Advisory Opinion in the case concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (request for advisory opinion) on Friday 9 July 2004.

A public sitting will be held at 3 p.m. in the Great Hall of Justice of the Peace Palace in The Hague, where the Court has its seat. At that sitting, the President of the Court, Judge Shi Jiuyong, will read out the Advisory Opinion.

On 8 December 2003, the United Nations General Assembly adopted resolution A/RES/ES-10/10/14 (A/ES-10/L/16), in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to "urgently render an advisory opinion on the following question:

What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the

Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?"

The request for an advisory opinion was transmitted to the Court by the Secretary - General of the United Nations in a letter dated 8 December 2003, which was received in the Registry on 10 December 2003. On 19 December 2003 the Court made an Order organizing the proceedings. It stated that the United Nations and its Member States, as well as Palestine, were likely to be able to furnish information on all aspects raised by the question submitted to the Court and fixed 30

January 2004 as the time-limit within which they could submit written statements on the question. It further fixed 23 February 2004 as the date for the opening of those hearings, and invited the United Nations and its Member States, as well as Palestine, to inform the Court's Registry, by 13 February at the latest, if they intended to take part in the above-mentioned hearings.

Furthermore, by two separate letters of 15 January 2004 and 19 January 2004 respectively (see Press Releases 2004/1 and 2004/2), the Registry informed the League of Arab States and the Organization of the Islamic Conference that the Court had agreed to their request to participate in the proceedings and that accordingly they were authorized to submit to the Court a written statement by 30 January 2004 and to participate in the hearings.

The United Nations, 44 of its Member States, Palestine, the League of Arab States and the Organization of the Islamic Conference filed written statements within the time-limit thus fixed by the Court. The United Nations Member States which submitted a written statement were the following (in order of receipt): Guinea, Saudi Arabia, Egypt, Cameroon, Russian Federation, Australia, Jordan, Kuwait, Lebanon, Canada, Syria, Switzerland, Israel, Yemen, United States of America, Morocco, Indonesia, France, Italy, Sudan, South Africa, Germany, Japan, Norway, United Kingdom, Pakistan, Czech Republic, Greece, Ireland (on its own behalf and, separately, on behalf of the European Union), Cyprus, Brazil, Namibia, Malta, Malaysia, Netherlands, Cuba, Sweden, Spain, Belgium, Palau, Federated States of Micronesia, Marshall Islands, Senegal, Democratic People's Republic of Korea.

Subsequently, public hearings were held from 23 to 25 February 2004. Fifteen oral statements were presented on behalf, respectively, of the following (in order of presentation): Palestine, South Africa, Algeria, Saudi Arabia, Bangladesh, Belize, Cuba, Indonesia, Jordan, Madagascar, Malaysia, Senegal, Sudan, the League of Arab States, the Organization of the Islamic Conference.

In view of the interest generated by the above-mentioned case, an online accreditation/admission procedure has been introduced for media representatives and members of the public wishing to attend the reading of the Court's Advisory Opinion. Two separate Press Releases dealing with these matters will be issued by the Court's Information Department. Interested media representatives and members of the public are invited to follow the instructions given in those Press Releases and to fill out the forms "Accreditation of the press" and "Admission of the public" which can be found on the home page of the Court's website (www.icj-cij.org). Applications for accreditation/admission must be submitted online by 1 July 2004. Application forms for accreditation/admission will not be available after that date.

Embassies and international organizations in the Netherlands will be informed by a separate Note Verbale of the measures taken to enable them to attend the public sitting.