Today marks the one year anniversary of the International Court of Justice’s ruling on the illegality of the Segregation and Annexation Wall being built by Israel cutting deep into the Occupied Palestinian Territories. And on this anniversary, Israel has not only yet to comply with the court’s order to dismantle the hideous structure, but has the audacity to continue the Wall’s construction inside the West Bank.

By fourteen votes to one, the ICJ ruled the following:

• The construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around east Jerusalem, and its associated régime, are contrary to international law;
• Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto, in accordance with paragraph 151 of this Opinion;
• Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem.

And by thirteen votes to two, the Court agreed that “all States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction; all States parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.”

The Israeli government began building the Wall in June 2002. The Wall's construction varies; around Qalqiliya it is pure concrete eight meters high and equipped with watchtowers, while in other places it is part concrete and part fence or a series of razor wire and/or electric fencing all of which include a 70-100 meter “buffer zone” with trenches, roads, razor wire, cameras, and trace paths for footprints. In Bethlehem and Jerusalem, the Wall is made up of a combination of these materials.

The completed Segregation and Annexation Wall will be eight meters high and 730 km (454 miles) long, irrespective of the Green Line which represents the border between Israel and the Palestinian territories as of 1967. Most commonly circulated reports speak of a 600 km long Wall on the west side of the West Bank alone and nothing more. But in Ha'aretz on March 23, 2003 mentioned just once, without any details, comment or follow-up – another, eastern wall was alluded to which will run along the perimeter of the West Bank on all sides. The Wall, as well as the Occupation itself, comprises a wide range of violations to international law. A major violation of the Apartheid Wall is the unilateral demarcation of a new border in the West Bank that amounts to effective annexation of occupied land (United Nations Charter, art. 2.4). Furthermore, destruction for and building of the Wall has amounted to numerous more violations of the IV Geneva Convention (IV GC) including the destruction of land and/or property (art. 53) and collective punishment (art. 33).

The Wall also breaches the International Covenant on Civil and Political Rights (ICCPR, 1966) and the International Covenant on Economical, Social, and Cultural Rights (ICESCR, 1966), both of which Israel has signed. Rights violated include freedom of movement (ICCPR, art. 12), property (ICCPR, art. 1,), health (ICESCR, art.12 and IV GC, art. 32), education (ICESCR, art.13, and IV GC, art. 50), work (ICESCR, art. 6), and food (ICESCR, art. 11).

Under Article 1 of the International Convention on the Suppression and Punishment of the Crime of Apartheid (1979) the Wall constitutes a “Crime against Humanity”. It divides populations on the basis of race and ethnicity and discrimination against residents in the West Bank to benefit illegal Israeli settlers and thus complies with the definition of “apartheid”.

The construction of the Wall in 2002 served as a harbinger to the Disengagement Plan that Sharon announced in late 2003. Yet Israel has not withdrawn settlers from within West Bank, has yet to comply and withdraw from the territories it occupies, and instead has begun to build a "Barrier" that annexes more territory into Israel. It has yet to offer both Palestinians and Israelis secure and recognized borders. In fact, Israel is the only country in the world without internationally declared and apparently fluctuating borders. Thus, MIFTAH calls on Israel to finally put an end to the illegitimate occupation and its insistent impunity in territory annexation. Only then can true peace and security be achieved for all people involved and suffering from the tragic events of 1967.

It is time the necessary pressure be applied on Israel to comply with the ICJ’s ruling on the Wall, as well as other international laws that view the Segregation and Annexation Wall illegal and slap in the face of humanity. MIFTAH condemns Israel’s decision to flout international laws and conventions, of which it is a signatory, which results in the denial of Palestinian freedom of movement and self-determination. The move is an unacceptable exercise of political power to advance Israel’s social beliefs and agenda, which are adversary to Palestinian social beliefs and international law.