Statement by H.E. Dr. Javad Zarif
 Permanent Representative of the Islamic Republic of Iran
before the Resumed Tenth Emergency Special Session of the General Assembly
New York- 8 December 2003
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In the Name of God, the Compassionate, the Merciful

 Mr. President,

On behalf of the OIC Group at the United Nations, I wish to thank you for resuming the tenth emergency special session of the General Assembly. The General Assembly in its resolution ES-10/13 of 21 October 2003, adopted at the resumed tenth emergency special session, decided that the construction of the Wall in the Occupied Palestinian Territory was “in departure of the Armistice Line of 1949” and “in contradiction to relevant provisions of international law.” The Assembly therefore “demand[ed] that Israel stop and reverse the construction of the wall…”

 

The fact that Israel explicitly neglected the decision of this Assembly and insisted in its contempt for the will of the international community by continuing the construction of the expansionist Wall brought the Secretary-General to conclude, in his report contained in document A/ES-10/248, that “Israel is not in compliance with the Assembly’s demand”. The Secretary-general details in his report the ongoing Israeli activities with regard to the construction of the Wall, including land requisition, leveling of land, recent release of the first official map of the Wall, etc.

 

            The report also details how the separation wall cuts deep into the occupied West Bank up to 22 kilometers from the Green Line and how it, if completed, will result in de facto annexation of 16.6 % of the entire West Bank, forcing about 300,000 Palestinians to live in enclaves and in isolation from their agricultural lands, market and work places and services.

 

 

Mr. President,

 

The Wall must be seen in the context of the continued attempts by Israel to deprive the Palestinians of their inherent national rights, this time under the guise of security. It is along the same line of previous attempts, such as Jewish settlement activities and unlawful annexation of East Jerusalem. In constructing the Wall, the Israelis are intent on complementing and underpinning their settlement building activities on occupied Palestinian territory in contravention of international law, as those settlements are the principal beneficiaries of the Wall.

 

The expansionist Wall under construction marks the beginning of a new phase in the plight of the Palestinian people. The wall will cause direct harm to hundreds of thousands of Palestinians living in dozens of villages and towns. It means the demolition of more Palestinian houses and businesses, the ruin of more Palestinian lives and the further degradation of the environment. As the latest report by Mr. John Dugard, the Special Rapporteur of the Commission on Human Rights in the Palestinian territories, indicates the Palestinian are moving out of their home in the affected areas to the security of what remains from Palestine. The report specifies for example that “already 600 shops and enterprises have closed in Qalqiliya as a result of the construction of the Wall. It concludes that “the Wall will therefore create new generation of refugees or internally displaced persons.” Thus, the magnitude of the injustice resulting from the construction of the separation wall is indeed alarming.  If unchecked, it would exacerbate the plight of the Palestinians and render them even more desperate and with even less hope for a better future. The enormous consequences for the whole region would be self evident.

 

Mr. President,

 

Now that the unfortunate exercise of veto at the Security Council has prevented it from fulfilling its responsibility with regard to the Palestinian question and the recent decision of the General Assembly has been flouted by Israel, this Assembly has to proceed with the next necessary step. We believe that the International Court of Justice, as the principal judicial organ of the UN system, is competent and best placed to provide an advisory opinion on the Occupying Power’s legal obligations under relevant provisions of international law with regard to the construction the Wall in the Occupied Palestinian Territory and the legal repercussion of such action.

 

            Allow me, Mr. President, to close by stressing the need to take concerted action to uphold international law.  The first step is to support the draft resolution before the Assembly.

 

Thank you Mr. President.