S/PV.5230Resumption1 Security Council
▶ This meeting at a glance
43
Speeches
0
Countries
0
Resolutions
Topics
Israeli–Palestinian conflict
Security Council deliberations
Peace processes and negotiations
Middle East and regional tensions
War and military aggression
UN procedural rules
Middle East
The President: I should like to inform the
Council that I have received letters from the
representatives of the Libyan Arab Jamahiriya,
Morocco and Pakistan, in which they request to be
invited to participate in the discussion of the item on
the Council's agenda. In conformity with the usual
practice, I propose, with the consent of the Council, to
invite those representatives to participate in the
discussion, without the right to vote, in accordance
with the relevant provisions of the Charter and rule 37
of the Council's provisional rules of procedure.
There being no objection, it is so decided.
At the invitation of the President, the
representatives of the aforementioned countries
took the seats reservedfor them at the side of the
Council Chamber.
The President: I wish to remind all speakers to
limit their statements to no more than five minutes, in
order to enable the Council to carry out its work
expeditiously. Delegations with lengthy statements are
kindly requested to circulate the texts of their
statements in writing and to deliver condensed versions
when speaking in the Chamber.
The next speaker inscribed on my list is the
representative of Kuwait, to whom I give the floor.
Mr. Al-Najem (Kuwait) (spoke in Arabic): On
behalf of the Group of Arab States, over which my
delegation has the honour to preside this month, I have
the honour to convey to you, Sir, our congratulations
on your friendly country's assumption of the
presidency of the Security Council for this month. I
would also like to commend your predecessor, the
representative of France, for the excellent manner in
which he presided over the work of the Council. We
also congratulate Mr. Alvaro de Soto on his
appointment as United Nations Special Coordinator for
the Middle East Peace Process.
I would also like to thank the Security Council
for its timely response in convening this meeting to
discuss recent developments in the occupied
Palestinian territories, including East Jerusalem. I refer
in particular to the ongoing and accelerating illegal
settlement activities conducted by Israel, the
construction of the illegal separation wall, and the
deteriorating situation on the ground.
I wish to condemn the acts of terrorism that
occurred in London this morning. We wish the victims
a speedy recovery. We condemn terrorism in all its
forms and manifestations and call for international
efforts to counter it.
The Arab countries are following with grave
concern the latest developments in the occupied
Palestinian territories and recall the understandings
that were reached in Sharm el-Sheikh in February,
which call for the rejection of violence. We also follow
with grave concern the tragic situation of the
Palestinian people in the occupied territories as their
standards of living and their economic and social life
continue to deteriorate as a result of Israel's policies
and practices, which run counter to international laws
and norms and humanitarian law. We are deeply
disturbed by the detentions and the use of live
ammunition against unarmed civilians, the blockade of
Palestinian cities, the restrictions on freedom of
movement, and the political assassinations of
Palestinian leaders. Such violations by the Israeli
occupation forces are carried out brazenly under the
eyes of the world with no concern for accountability or
international opinion.
The destruction of property and the confiscation
of Palestinian territory continue in direct relation to the
ongoing construction by Israel of its illegal
expansionist wall in the occupied Palestinian
territories, including East Jerusalem and surrounding
areas. That continued construction represents a blatant
violation of international law, including international
humanitarian and human rights law, and a lack of
respect for the advisory opinion delivered by the
International Court of Justice on 9 July 2004, as noted
in General Assembly resolution ES-lO/15 of 20 July
2004.
The Arab position regarding Israel's construction
of the wall in the Palestinian territories is unambiguous
and has been reiterated on many occasions before the
General Assembly, the Security Council and other
international forums. It is based on the firm conviction
that the practices and policies of the Israeli
Government in the occupied Arab territories, whereby
it violates international law and the resolutions of
international legitimacy, offer no sense whatsoever of a
real or sincere desire for a comprehensive, just and
lasting peace. The date of 9 July 2005 is the first
anniversary of the handing down of the International
Court of Justice's advisory opinion, but despite that
opinion and resolution ES-lO/lS, which was adopted
by a majority of the Member States and calls on Israel
to fulfil all the legal obligations laid down in that
opinion, Israel has only accelerated its construction of
the expansionist wall, further aggravating the situation
and confiscating ever more Palestinian land.
The Israeli Government has declared 1 September
as the deadline for the completion of the expansionist
wall, which now extends 750 kilometres inside the
occupied Palestinian territories, including East
Jerusalem, cutting off 65,000 Palestinian residents of
Jerusalem from contact with their families and jobs.
Israel's withdrawal from the Gaza Strip must be
complete and based on the road map. It should be
followed by a withdrawal from the other occupied
Palestinian territories, including East Jerusalem. The
withdrawal from Gaza and certain settlements of the
West Bank must be undertaken in coordination with the
Palestinian Authority; it should advance the peace
process and put an end to the suffering of the occupied
Palestinian people. We appreciate the efforts of the
Quartet in that regard.
The Arab countries call on the international
community to assume its responsibilities and appeals to
all States Members of the United Nations to adopt a
clear and unambiguous position to strengthen the
Charter and international law, including international
humanitarian law, and to compel Israel to respect
international legitimacy and to put and end to all its
illegal practices against the Palestinian people,
including the ongoing construction of the separation
wall in the occupied Palestinian territories, including
East Jerusalem. It must desist from those policies,
which can only exacerbate the insecurity in the region.
The Israeli Government should know that its policies
and procedures, designed to extend the occupation, will
only backfire and cannot bring security.
The only way to establish security for all is to
find a peaceful, comprehensive and just settlement
based on the resolutions of international legitimacy,
notably Security Council resolutions 242 (1967), 338
(1973) and 1397 (2002), the principle of land for
peace, the Madrid references, and the Arab peace
initiative. Israel must fulfil all its obligations as set out
in the road map, which was endorsed by the Security
Council in resolution 1515 (2003). The road map calls
for the establishment of two States living side by side
in peace and within internationally recognized borders,
and consecrates peace in the Middle East in the
interests of all its peoples and countries.
The President: I thank the representative of
Kuwait for his kind words addressed to me.
The next speaker inscribed on my list is the
Permanent Observer of the League of Arab States to
the United Nations. I give the floor to Mr. Yahya
Mahmassani.
Mr. Mahmassani (spoke in Arabic): I
congratulate you, Sir, on your assumption of the
presidency of the Council. We are fully confident that
your well-known diplomatic experience and skills will
lead to the successful conduct of the Council's
business.
I also thank Ambassador Jean-Marc de la
Sabliere, the Permanent Representative of France, for
his successful guidance of the Council's work as its
President last month.
I take this opportunity to congratulate Mr. Alvaro
de Soto on his assumption of his new post and to thank
him for his briefing this morning.
The Security Council is meeting today to
consider Israel's settlement policy and construction of
the separation wall in the occupied Palestinian
territories, which represents a threat to regional
security and to international peace and security. It also
prevents the establishment of a comprehensive and just
peace in the Middle East.
It has been a year since the adoption of the
advisory opinion of the International Court of Justice,
which established the illegality of the building of the
Israeli separation wall on Palestinian territory and
declared the settlement activities in the occupied
Palestinian territories to be equally illegal. It has also
been a year since the General Assembly, at its tenth
emergency special session, adopted resolution ES-
10/15, which also reaffirmed the illegal character of the
construction of the wall and its contravention of
international law and international humanitarian and
human rights law. It called on Israel to stop its
violations of those laws, to cease forthwith its
construction of the wall and to dismantle the completed
sections.
Israel, the occupying Power, continues to defy the
will of the international community, in grave violation
of international law and human rights. It continues to
build the wall and to occupy the Palestinian territories,
exploiting the diversion of the Security Council's
attention to the withdrawal from Gaza. The footprint of
the wall is designed to ensure the confiscation of even
more of the occupied Palestinian territories in which to
build Israeli settlements.
Israel's claim that the separation wall is a
temporary measure taken in response to security and
military requirements is misleading and unacceptable.
Its goal in constructing the wall and in building the
settlements is to take over Palestinian territories, put an
end to geographical contiguity between the Palestinian
people, and prevent the establishment of a viable
Palestinian State.
The core of the Arab-Israeli conflict is Israel's
continued occupation of Arab territories. All of Israel's
attempts to impose by force a solution to the conflict
have failed. The only way to achieve a just,
comprehensive and lasting peace in the Middle East is
through negotiations between the parties concerned on
the basis of internationally binding resolutions.
The Security Council must today shoulder its
responsibility to compel Israel to stop the construction
of the wall, put and end to its settlement policy and sit
at the negotiating table with the Palestinian Authority,
with the goal of beginning implementation of the road
map and the withdrawal from Gaza, as a first step
towards complete withdrawal from all occupied
Palestinian territories and the establishment of an
independent Palestinian State within the borders of 4
June 1967.
Withdrawal from Gaza cannot be an end in itself,
as the Israeli side claims it to be. It is but a first step
towards implementing all of the obligations of both
parties to end the conflict and establishing a just and
comprehensive peace in the region.
Because of its attempts to shirk its
responsibilities under the Quartet agreement, Israel is
fully responsible for the deterioration in the relations
between Palestinians and Israelis.
In that regard, an editorial that appeared in The
New York Times of 15 July 2005 stated the following:
"Sadly, most of the blame for the current
paralysis lies with Mr. Sharon Mr. Sharon
appears to have become so fixated on making the
withdrawal appear palatable to the Israeli right
that he has lost sight of the larger strategic
calculus of building peace. He wants to advertise
the pull-back as a unilateral Israeli measure,
undertaken for Israel's own reasons, and not as
part of any larger negotiated deal with the
Palestinians".
We hope that peace will prevail in the Middle
East, and, in accordance with the resolution adopted at
the Beirut summit, we call on the Security Council to
revitalize the peace process on the basis of
internationally binding resolutions, the principle of
land for peace and the Arab peace initiative.
The President: The next speaker inscribed on my
list is the representative of Egypt, to whom I give the
floor.
Mr. Aboul Atta (Egypt) (spoke in Arabic): The
Security Council is meeting today, one year after the
publication of the advisory opinion of the International
Court of Justice on the legal consequences of the
construction of a wall in the occupied Palestinian
territory. That advisory opinion has gained increasing
international support, not only because it was issued by
the highest judicial body but also because of its moral
and political significance with regard to the importance
of abiding by international legitimacy.
We are also meeting here today to consider the
report submitted by Switzerland, in its capacity as the
depositary of the Fourth Geneva Convention, with
regard to the issue of respect for that Convention in the
occupied territories. It has stated that the changes made
by Israel to the track of the wall are still insufficient
from a legal perspective and that they do not meet the
conditions set out in the Court's advisory opinion. The
situation has also given rise to concern within the
international community with respect to the
humanitarian, social and economic consequences that
the wall entails for the Palestinian people. The
suffering that the Israeli occupation was already
causing to the friendly and brotherly people of
Palestine has been doubled. We see rampant
unemployment, as well as an increase in the number of
checkpoints, which prevents food aid from arriving at
its destination. Thus material obstacles are placed in
the way of international efforts aimed at improving the
social and economic situation of the Palestinian people,
preventing them from living in circumstances that meet
minimum international human rights requirements.
Israel must at the earliest possible time stop
building the wall, dismantle what has already been
built and provide the necessary compensation and
damages, in accordance with the advisory opinion of
the International Court of Justice. But, even though the
wall is illegal, the Israeli Government decided a few
days ago to build it around Jerusalem by next
September. That plan will isolate thousands of
Palestinian people from their properties and land and
from hospitals and schools in East Jerusalem. That will
adversely affect the final status negotiations by
imposing de facto conditions that run counter to all
international norms, thereby dashing Palestinians' last
hopes for an independent and sovereign State.
Israel has taken a unilateral decision to withdraw
from Gaza and some of the settlements in the West
Bank. That could signal a larger withdrawal that would
allow the Palestinian people to start building their
future State. The chance to create a positive
environment there must not be destroyed by the
continued construction of the separation wall and its
extension to areas that are considered holy sites,
stirring up emotions that could lead to the continuation
of violence and counter-violence.
The Sharm el-Sheikh summit held last February
reaffirmed one of the pillars of the new phase of the
direct Israeli-Palestinian dialogue. In that phase, the
Israeli Government said, the disengagement plan will
continue. Coordination and collaboration between the
Israeli and Palestinian sides must also continue in order
for such a plan to be successful.
In that context, Egypt reiterates that the balanced
and proper implementation of the agreements reached
at Sharm el-Sheikh is one of the principal guarantees of
continued Israeli withdrawal from Gaza and parts of
the northern West Bank.
Egypt will continue to make every effort to work
with both the Israeli and Palestinian sides to ensure
that the Palestinian Authority has the necessary level of
control in Gaza. In addition, it has provided security
forces, sent high-level envoys in recent days, and
provided also the necessary training to the Authority,
in accordance with the plan to create the infrastructure
needed to bring about peace and security. Egypt will
continue to work at all levels to ensure that the Middle
East becomes a region of peace, security and stability.
The Security Council must send a strong message
today reiterating the fact that achieving peace requires
implementing the decisions of the tenth emergency
special session of the General Assembly, abiding by
the advisory opinion of the International Court of
Justice, and dismantling the separation wall, in order to
alleviate the day-to-day suffering of the Palestinian
people. It must request that Israel, the occupying
Power, abide by all the provisions of the Fourth
Geneva Convention.
Both sides must work together in order for the
Israeli withdrawal to be successful, in keeping with the
road map and as a preliminary phase to further
withdrawals, and in order to begin final status
negotiations so as to arrive at a just, lasting and
comprehensive settlement, in accordance with the
approach set out by the road map and adopted by the
Security Council.
The President: The next speaker is the
representative of Yemen, to whom I give the floor.
Mr. Alsaidi (Yemen) (spoke in Arabic): I wish at
the outset to congratulate you, Sir, on your assumption
of the presidency of the Security Council for the month
of July. We wish you every success and are confident
that, with your well known wisdom and experience,
you will guide the work of the Council to a successful
conclusion that will strengthen international peace and
security. I wish also to thank your predecessor, the
Permanent Representative of France, for the wisdom
with which he presided over the work of the Council
last month.
The situation in the occupied Palestinian
territories is deteriorating daily, owing to the
intensified building of colonial settlements and the
continued construction of the illegal expansionist wall,
all of which is intended to annex additional Palestinian
lands. This only exacerbates the suffering of the
Palestinian people. Many Palestinians have died as a
result of Israeli practices, which include extrajudicial
killings. The movement of Palestinians and Palestinian
goods continues to be limited by the many checkpoints
scattered throughout the occupied Palestinian
territories. In spite of the Sharm el-Sheikh
understandings, the Israeli authorities continue their
policy of destroying houses and the institutional
buildings and agricultural lands that are the basis of the
Palestinian people's livelihood. This has given rise to
growing unemployment and poverty.
Israel's continued construction of the illegal
expansionist wall in the Palestinian territories,
including in areas around East Jerusalem, is in clear
violation of the principles of international law and the
9 July 2004 advisory opinion of the International Court
of Justice. It also runs counter to commitments undertaken
by Israel, the occupying Power, and to provisions of the
Fourth Geneva Convention.
It is extremely important that Israel's total
withdrawal from Gaza be followed by its withdrawal
from all the other occupied Palestinian territories,
including East Jerusalem. The Security Council must
tell Israel that withdrawal from the Gaza Strip means
complete withdrawal both from Palestinian lands and
from Palestine's territorial waters, as well as respect
for Palestinian airspace, and that it must be followed
by negotiations on final status. Moreover, the Israeli
withdrawal should not be used as an excuse for
continued colonization of the occupied Palestinian
territories, including East Jerusalem; rather, it should
be a step towards the implementation of the road map.
I wish in conclusion to stress once again how
important it is that the international community and, in
particular, the Security Council shoulder their
responsibility with regard to the suffering Palestinian
people, a nation like all others, which aspires to a life
in peace in an independent State on its own national
territory, with Jerusalem as its capital, and which seeks
full and genuine independence in a viable State in
which it can express its Palestinian national identity.
The President: I thank the representative of
Yemen for the kind words he addressed to me.
The next speaker is the representative of South
Africa, to whom I give the floor.
Mr. Mabhongo (South Africa): My delegation
wishes to express its appreciation to you, Mr.
President, for convening this open debate in response
to the renewed violence in the Middle East and the
accelerated construction by Israel of settlements and
the separation wall in the occupied Palestinian
territories, including East Jerusalem. We align
ourselves with the statement that will be delivered by
the representative of Malaysia on behalf of the Non-
Aligned Movement.
It is now more than a year since the Security
Council last held an open debate on the situation in the
Middle East. During that period new possibilities for
the resumption of the peace process were brought
about by factors such as Israel's decision to withdraw
from Gaza and parts of the northern West Bank and the
reforms initiated by the new Palestinian leadership. For
the first time in many years, the level of violence had
begun to decrease significantly, offering moderate
Israelis and Palestinians an opportunity to seize the
initiative back from the extremists on both sides.
Tragically, as we meet today, there are clear signs
that the parties and the international community are not
taking full advantage of the opportunity for peace. The
resumption of terrorist attacks, military incursions,
extrajudicial executions and acts of defiance directed
against both the Israeli and the Palestinian authorities
suggest that recent gains could be rapidly reversed.
Unless urgent action is taken in support of the peace
process, there is a real danger that the Middle East
could once again descend into anarchy.
A year has passed since the International Court of
Justice definitively ended the debate on the legality of
the Israeli separation wall, forever debunking the myth
that the wall is a necessary and legitimate part of the
defence against terrorism. The international community
endorsed the Court's finding that the wall and its
associated regime are unlawful and that Israel, the
occupying Power, has the obligation to dismantle the
wall, cease further construction activities and make
restitution and reparation for the damage brought about
by the wall's construction. We also acknowledged the
Court's finding that all Member States - and in
particular the High Contracting Parties to the Fourth
Geneva Convention - have a clear responsibility to
ensure that the Geneva Conventions and international
law are upheld. Finally, we mandated the Secretary-
General to set up a register of damage brought about
by the construction of the wall. We were guided in
those actions by our recognition that the United
Nations has a permanent responsibility with regard to
the question of Palestine until that question is resolved
in its entirety on the basis of the Charter, relevant
resolutions of the United Nations, international law and
international humanitarian law.
Today, we note with grave concern that Israel has
once again chosen to disregard the will of the
international community and to continue actions that
are both in contravention of international law and
incompatible with the realization of a two-State
solution to the Middle East crisis. During the past year,
Israel pressed ahead with the construction of the wall
and settlements, despite the fact that the security
situation had dramatically improved. At the same time,
the Palestinian Authority, under its new democratically
elected and internationally supported leadership, has
redoubled its efforts to bring about reforms. Israel's
actions therefore clearly contradict its statement that
the wall is a temporary measure necessitated by
security considerations.
In fact, on 10 July 2005 the Israeli Cabinet
approved yet another extension to the wall, this time
around East Jerusalem. When this latest phase of
construction is complete, a further 55,000 Palestinians
will be cut off from their relatives and from hospitals,
schools, shops and places of worship. According to
Israel's Minister for Jerusalem, this project would help
ensure a Jewish majority in Jerusalem.
The inaction by the international community and
the United Nations on the separation wall and on
settlements over the past year has had the effect of
allowing Israel to solidify its occupation of East
Jerusalem and the rest of the West Bank, further
altering the demographic facts on the ground. The
construction of settlements and the wall and its
associated regime has had a grave impact on the
economic and social conditions of the Palestinian
people, resulting in the violation of their most basic
human rights and exacerbating the humanitarian crisis.
Also, our collective failure to provide the Palestinian
Authority with adequate assistance to enable it to exert
its authority and to establish law and order in the
occupied territories has only strengthened the hand of
extremists, who feed off the anger of a people living
under military occupation. At the same time, the South
African Government strongly condemns all acts of
terror and violence directed against civilians, such as
suicide bombings.
We believe that the time has come to empower
the moderates on both sides through our active support.
We should also agree that the ongoing construction of
settlements and the separation wall, and the associated
destruction of Palestinian livelihoods, must not be
allowed to continue. Those settlement activities
threaten to negate any positive aspects arising from the
disengagement process. We therefore reiterate the call
for strict compliance with the advisory opinion of the
International Court of Justice and for the immediate
and full implementation of the Secretary-General's
mandate to establish a registry of damages caused by
construction of the wall.
We cannot allow the current situation - where
one party enjoys more basic rights and freedoms than
the other - to continue. There should be equality and
protection before the law, and the parties should also
respect resolutions of the United Nations and honour
their commitments under international agreements. In
particular, both sides have a duty to bring an end to all
senseless acts of terrorism and violence directed
against civilians and to work towards reconciliation
and peace.
The President: The next speaker on my list is the
representative of Tunisia, on whom I call.
Mr. Hachani (Tunisia) (spoke in Arabic): At the
outset my delegation would like to congratulate you,
Mr. President, on your wise leadership of the Council's
work. We thank you and all the members for the
prompt response to the request of the Arab Group for a
special meeting.
Today the Security Council is looking into the
situation in the occupied Palestinian territories,
including East Jerusalem, at a time when the conditions
in those territories are deteriorating because of the
Israeli practices that target the Palestinian people. We
have seen settlements continue, homes demolished and
land appropriated. Work to complete the wall is
persisting, and it is even being extended deep into
Palestinian territories, in spite of the widespread
international condemnation of the wall and the
advisory opinion of the International Court of Justice,
which reiterated the illegality of the wall and the
necessity that it be dismantled.
There is no doubt that those Israeli practices -
especially the building of the wall in the occupied
Palestinian territories, including inside and around East
Jerusalem, and the system involving this wall - run
counter to international law. Those practices have also
proven useless. True peace cannot be established by
building psychological and physical barriers, nor
through excessive use of the military machinery
against civilians. True peace is achieved through
serious and responsible political will. That peace is
long overdue in the Middle East.
In that context, Tunisia repeats its call to the
international community and active stakeholders to
rapidly intervene in order to provide the necessary
protection to the Palestinian people and force Israel to
stop its practices against them and to end all unilateral
measures. Tunisia also reiterates the importance of
stopping the building of the wall in the occupied
Palestinian territories, including in and around
Jerusalem, in accordance with General Assembly
resolution ES-lO/ 15 of 20 July 2004, and to dismantle
what has already been built.
Tunisia reiterates that peace is the strategic
option, and we must maintain solidarity with the
fraternal people of Palestine and support their struggle
to restore their legitimate rights and find a
comprehensive, just and lasting solution to the question
of the Middle East. Tunisia would also like to see
efforts continue to resume negotiations on the basis of
the relevant international decisions. We call on the
Quartet to intensify its efforts towards that end.
Returning to the logic of peace, recognizing the
national rights of the Palestinian people and reaching a
just solution at all levels will no doubt allow for
peaceful co-existence among all the peoples of the
region in a climate of understanding and security. Thus
they could start building and reconstruction in order to
achieve progress and prosperity for all.
The United Nations - especially the General
Assembly and the Security Council - has a permanent
responsibility vis-a-vis the Palestinian people, and it
must continue to shoulder that responsibility. The
Organization is the guarantor and protector of the bases
of international legitimacy with regard to the question
of Palestine and of the Middle East in general. It is a
political role that must continue until a just and
comprehensive solution is finally found.
The President: I thank the representative of
Tunisia for the kind words addressed to me.
The next speaker on my list is the Chairman of
the Committee on the Exercise of the Inalienable
Rights of the Palestinian People, on whom I now call.
Mr. Badji (spoke in French): After having
congratulated you, Mr. President for the effective way
in which you are discharging your duties as President
this month, let me pay tribute to your predecessor, and
to cordially commend Mr. Alvaro de Soto.
I also wish to express my deep gratitude to you,
Sir, and to all members of the Council for providing
the opportunity to the Chairman of the Committee on
the Exercise of the Inalienable Rights of the Palestinian
People to take part in this important debate on the
situation in the Middle East, including the Palestinian
question, particularly the situation today, with the
difficult problems stemming from the settlement
activity and the ongoing construction of the wall.
The issues before the Council are extremely
important and call for urgent solutions. While recently
the world's attention has focused on the withdrawal
from the Gaza Strip and certain northern portions of
the West Bank announced by Israel, the Israeli
Government actively pursues a programme that
consists of developing major settlements on the West
Bank and extending the boundaries of Jerusalem and
favouring the increase of the Israeli population in the
city. The settlements in Greater Jerusalem are being
built in contradiction to Israel's obligations set out in
the Quarter's road map. The Israeli Minister for
Construction and Housing has issued new tenders for
the construction of hundreds of houses in those
settlements, while building permits are denied to
Palestinians and while houses belonging to Palestinians
are destroyed and requests for family reunification are
ignored.
The Israeli plan that causes the greatest concern
is the E1 plan, which is designed to link East
Jerusalem with the major settlement on the West Bank,
Maale Adumim, by building approximately 3,500
houses between the two. That project would amount to
cutting off East Jerusalem from the rest of the West
Bank, thus preventing the Palestinians from attaining
their ultimate objective: to establish the capital of a
future Palestinian State in the city.
At the beginning of this month, we celebrated the
first anniversary of the advisory opinion of the
International Court of Justice on the legal
consequences of the construction of a wall in the
occupied Palestinian territory. The Court clearly stated
that the construction of the wall in the occupied
Palestinian territory, including in and around
Jerusalem, and its associated regime are contrary to
international law. Despite the concerted efforts of the
international community, the Israeli Government has
not put an end to the construction. To the contrary, it
has approved the building of new sections that will
eventually encompass the vast settlements around East
Jerusalem on the Israeli side.
Those developments in the situation on the
ground do not promote an end to the conflict between
Israelis and Palestinians. The construction of the wall
and the new losses of land caused by the expansion of
the settlements worsen the economic and social
situation in the occupied Palestinian territory. They
prevent the Palestinian people from exercising its
inalienable rights and vitiate the prospects for a viable,
contiguous Palestinian State existing side by side with
Israel. Palestinians have known frustration, humiliation
and difficulties of all kinds for decades and are losing
hope of someday seeing political negotiations lead to
solutions.
Nonetheless, there are certain grounds for hope,
particularly since the Sharm el-Sheikh summit was
held earlier this year. However, with regard to the road
map, the implementation of the decisions taken at that
time is extremely slow. In recent days, the violence -
which had declined since the summit - has again
intensified. The Committee has always firmly
condemned all acts of violence, including suicide
attacks and extrajudicial executions, because they
mainly hit innocent Palestinians and Israeli civilians
and only harm the peace efforts. Although we do
indeed believe that Israel is responsible for the security
of its citizens, the disproportionate use of force against
Palestinians cannot be justified.
The Committee takes note of the report published
recently by Switzerland (A/ES-10/304, annex), as
depositary of the Geneva Conventions, following
consultations with the various actors concerned and all
of the High Contracting Parties to the Fourth Geneva
Convention. We hope that the proposals set out in the
report will facilitate the search for means to guarantee
compliance with international humanitarian law.
The Committee urges Israel, as the occupying
Power, to fulfil its obligations and immediately put an
end to the construction of the wall in the occupied
Palestinian territory, including in and around East
Jerusalem, and to dismantle the sections already built.
Israel has the obligation to make reparation for all
damage caused by the construction of the wall It
should also put an end to the expansion of the
settlements and to the transfer of population towards
the West Bank. Moreover, the Committee hopes that
the Secretary-General will swiftly establish a register
of damage caused by the wall's construction.
We appeal to the international community,
including the States Members of the United Nations
and the High Contracting Parties to the Fourth Geneva
Convention, to do everything possible to ensure that
Israel complies with international humanitarian law
and that it plans new measures to put an end to the
illegal situation in the occupied Palestinian territory,
including East Jerusalem. The international community
should have acted long ago to put an end to the wall's
construction and to the creation of new settlements
throughout the Palestinian lands. Decades ago, Israelis
and Palestinians should have embarked on the most
promising path - that of dialogue and cooperation -
with a view to achieving a comprehensive, just and
lasting peace for themselves and for all the peoples of
the Middle East region.
The President: I thank Mr. Badji for the kind
words he expressed to me.
The next speaker inscribed on my list is the
representative of the Syrian Arab Republic, to whom I
give the floor.
Mr. Mekdad (Syrian Arab Republic) (spoke in Arabic): Thank you, Mr. President, for convening this
meeting, which provides an opportunity for world
public opinion and United Nations Member States to
become familiar with the gravity of the situation in the
Middle East in general and of the question of Palestine
in particular. We are pleased to see Mr. Alvaro de Soto
in the Council for the first time in his capacity as
Special Coordinator for the Middle East Peace Process
and Personal Representative of the Secretary-General.
We wish him every success in his endeavours.
Every day that Israel continues its illegal
occupation of the West Bank, the Gaza Strip and the
Syrian Golan, the anguish of millions of Arab citizens
increases as they suffer under the scourge of the
occupation and its catastrophic economic, social and
humanitarian effects. The latest Israeli escalation
forges yet another link in the endless chain of Israel's
violations of international law and international
humanitarian law.
A few days ago, we marked the passing of an
entire year since the International Court of Justice
issued its historic advisory opinion on the colonialist
wall built by Israel in the occupied Palestinian
territories. Instead of fully complying with the advisory
opinion of the world's highest judicial body, Israel, the
occupying Power, has continued building the wall as an
expression of its contempt for the advisory opinion and
for the will of the international community as
expressed by the General Assembly in its resolution
ES-10/15 of 20 July 2004.
When we consider that the Court demanded that
Israel end its violations of international law, halt the
construction of the wall, dismantle the sections already
built and provide the Palestinians with reparations for
the damage caused by its construction, we cannot fail
to note the contradiction between the Court's position
and what the representative of Israel said in his
statement, which was an attempt to mislead the
Council and international public opinion.
Israel has turned a deaf ear to the international
community's condemnation of its policies and its
expansionist wall. Proof of that can be seen in the fact
that only a few days ago, the Israeli Cabinet took the
decision to continue building the wall in the heart of
occupied Palestine, including East Jerusalem, and to
complete it by September. The Israeli plan will result
in the isolation of more than 65,000 Palestinians from
their families, property, hospitals, schools and
universities. We must also look closely at recent Israeli
statements in the context of Israel's other plans to build
a number of settlements to isolate East Jerusalem from
its Palestinian environment and, in practice, to annex it
to Israel. In that way, Israel will have drawn new
borders that are very different from those of 1967.
The wall, which is three times higher than and
nearly twice as long as the notorious Berlin wall, has
become yet another symbol of oppression, suppression
and the arrogance of power. We are confident that the
wall's fate will be no better than that of its predecessor,
which has passed into history.
In addition to all their other illegal actions, the
Israeli occupation forces have escalated their acts of
aggression against the Palestinian people. In recent
days, they have destroyed a great number of
Palestinian homes, and, in clear violation of
international law and humanitarian law, they have
assassinated a number of Palestinians and continue to
do so.
Through its recent decisions, the Israeli Cabinet
has established a large number of settlements and
approved the expansion of existing settlements, to the
detriment of the Palestinian people's property and
rights. The fact that Israel seeks to establish
settlements in the occupied Palestinian and Syrian
territories reveals the falseness of the claims of
successive Israeli Governments, including the current
Government, that they wish to achieve peace. If the
Israeli Government's actions against settlers in the
Gaza Strip are genuine, why is the Government
planning to establish more settlements? Israelis know
full well that those settlements cannot remain, because
they present an insurmountable obstacle to the
achievement of peace in the region.
More than 8,000 Palestinians, including 259
children, are being held in Israeli prisons. Over the past
year alone, Israel has killed more than 859
Palestinians. In total, more than 3,670 Palestinians
have been killed by Israel since 2000. Is that not a war
crime? It is shocking that 41 employees of the United
Nations Relief and Works Agency for Palestine
Refugees in the Near East have been deliberately killed
by Israel, without any notable reaction from the
international community, including the Security
Council.
The Palestinian detainees and their brethren
detained in the Golan Heights live in unacceptable
prisons that fail to meet the most basic sanitary
conditions. Approximately a week ago, Hayel Abu
Zaid, a Syrian citizen from the occupied Syrian Golan,
died, a few days after his release from prison as a
result of inhuman treatment, torture and deliberate
neglect at the hands of the Israeli authorities during his
more than 18 years in prison.
The Israeli withdrawal from Gaza must be
complete and comprehensive. Israel must also fully
withdraw from the West Bank, including East
Jerusalem. The international community must be
vigilant and must call for full Israeli withdrawal from
Gaza - including its land, sea and air spaces in order
to make the withdrawal complete. Israel must not be
allowed to use the withdrawal as a cover for its
continued occupation of the rest of the occupied
Palestinian territories and East Jerusalem.
Israel uses many flimsy arguments in its war
against the Palestinians; the Council heard some of
them from the representative of Israel earlier in today's
meeting. However, the essence of the conflict is one
people's military occupation of another people and
their land for more than four decades. It is about the
occupying Power's relentless aggression against the
peoples and the lands of Syria and Palestine. It is about
Israel's refusal to end that occupation because it is
attempting to acquire more territory by force and to
displace large numbers of Palestinians from their
homes and lands, using death, destruction and misery
as tools to carry out its expansionist schemes.
Unimpeded, Israel continues to carry out its
illegal and unjust practices and policies in full view of
the international community and, unfortunately, in full
view of the Security Council, which bears primary
responsibility for the maintenance of international
peace and security. The Council must make bold and
courageous decisions to ensure full compliance with its
relevant resolutions, in particular resolutions 242
(1967) and 338 (1973), and to ensure the achievement
of a just and comprehensive peace in the region on all
tracks. The Council must ensure the rule of
international law and put an end to the cycle of
violence and bloodshed that for so many decades has
prevented the attainment of comprehensive and just
peace, security and freedom in that important part of
the world.
The delegation of the United States of America
has described the situation between Syria and Lebanon
in an artificial and thoroughly false manner. That
constitutes unacceptable interference in the relations
between two brotherly countries. The tone of
incitement of the United States statement does not bode
well for Lebanon or its relations with Syria. We do not
think that the question of movements between our two
countries was worthy of being raised in the Security
Council, especially because the recent controls at the
Syrian-Lebanese border are temporary and dictated by
security requirements. I wish to remind the United
States delegation that the two sides, without mediation
or interference from the United States, are cooperating
and are well on the way to settling the issue. It is very
strange that the United States should call upon Syria to
take stringent measures along its border with one
neighbouring country and, at the same time, express
concern that the same measures are being taken on
Syria's other border, with Lebanon.
The President: The next speaker is the
representative of Malaysia, to whom I give the floor.
Mr. Mohd. Radzi (Malaysia): Let me begin by
thanking you, Mr. President, for convening this timely
and important meeting. We are pleased and honoured
to address the Council today under the presidency of
Greece.
At the outset, my delegation associates itself with
the statement delivered earlier by the delegation of
Kuwait on behalf of the Group of Arab States. My
delegation considers that the question currently before
the Council continues to be central to peace and
security concerns in the Middle East and throughout
the world.
Malaysia remains gravely concerned at the
continuing deterioration of the precarious situation in
the occupied Palestinian territory. There have been too
many deaths and injuries and too much destruction and
indescribable suffering for far too long, especially
among the Palestinians. We should not consider the
casualties and destruction on both sides merely in
terms of numbers or percentages. The life of each
human being - man, woman or child - is sacred and
precious and must be protected. We mourn the loss of
all innocent lives. Any act of violence inflicted in the
conflict upon innocent civilians, whether Palestinians
or Israelis, is unacceptable and deserves equal
condemnation by us all.
Malaysia has made clear its condemnation of
violence and terrorism. But we can fully understand the
despair and frustration of the Palestinians and their
responses to Israel's continued occupation and
annexation of Palestinian territories and to the
application of harsh and often inhuman policies and
practices, as well as the excessive and disproportionate
use of force by Israel against the Palestinians and other
Arabs in the occupied territories over the past 38 years.
It is incumbent upon both sides to transform the
reversible deadly cycle of violence and terror into an
enduring period of calm, peace and security in the
region.
The completed portions of the separation wall in
the occupied Palestinian territory, including in and
around East Jerusalem and its continuing construction
by Israel seriously endanger the prospects for peace in
the region and undermine the implementation of the
road map. The adverse impact of the wall on all aspects
of Palestinian life is overwhelming. The wall as it
stands - and more so once it is completed - could
have serious ramifications, inter alia, for the peace
process, negotiations on final status issues and the
creation of a viable and contiguous Palestinian State, as
envisaged in Security Council resolution 1397 (2002)
and upheld in the road map. The construction of the
wall is a clear violation of international law, including
international humanitarian and human rights law. The
continuing construction of the wall signifies a
deliberate act of blatant disrespect by Israel for the
advisory opinion rendered on 9 July 2004 by the
International Court of Justice (ICJ), as well as of
General Assembly resolution ES-lO/ 15.
It is indeed very disappointing that Israel has
decided not only to continue but to accelerate the
construction and completion of the separation wall, on
the pretext of security and defence. We urge Israel to
dismantle the wall and to immediately discontinue its
construction. We also urge Israel to take all measures
necessary to ensure compliance with the ICJ advisory
opinion and resolution ES-10/15.
Furthermore, we urge the Security Council to
look into this matter seriously and expeditiously, in
accordance with its functions and powers under Article
24 of the Charter of the United Nations. It is
regrettable that one year has passed without the
Council having responded to the advisory opinion of
the Court - the highest judicial body of the United
Nations - on such an important question concerning
the maintenance of international peace and security.
We look forward to an opportunity to respond in due
course to the report submitted by Switzerland, in its
capacity as depositary State of the Geneva
Conventions, pursuant to paragraph 7 of resolution
ES-10/15 (A/ES-10/304, annex).
The planned Israeli withdrawal from the Gaza
Strip must be a full and complete withdrawal from that
area - including its land, sea and air space. That must
be followed by similar steps in the rest of the occupied
Palestinian territory, including East Jerusalem. It would
thus be unacceptable for any other area of the occupied
Palestinian territory to be colonized by Israel in
conjunction with the completion of its withdrawal from
the Gaza Strip. Any withdrawal plan should be part of
the road map and should be carried out in full
cooperation with the Palestinian Authority. It will be
incumbent upon both sides to resume negotiations on
the final status issues immediately upon the completion
of a full withdrawal by Israel from the occupied
Palestinian territory.
The international community has a collective role
to play in finding a solution to the Palestinian question.
We must all work together to facilitate and intensify
efforts to attain a just, comprehensive and lasting
settlement to the Israeli-Palestinian conflict. The
United Nations, including the Security Council, has a
permanent responsibility towards the question of
Palestine until it is resolved in its entirety on the basis
of the Charter, relevant resolutions of the United
Nations and international law.
The continued plight and suffering of the
Palestinian people remain the tragic embodiment of the
consequences of the non-implementation of resolutions
and the non-enforcement of decisions of the Security
Council. There are ways by which the Security Council
can ensure compliance by Israel with its resolutions
and decisions. The Security Council must exercise its
role and responsibility in that regard. Malaysia calls
upon the Security Council to do so now, to ensure that
justice and the rule of law prevail in the occupied
Palestinian territory. The international community must
prevail upon Israel to respect its obligations under
international law and abide by Security Council
resolutions, just as other States are expected to do.
In conclusion, Malaysia remains convinced that
an independent and sovereign Palestinian State with
East Jerusalem as its capital will be the best hope for
lasting peace in the region, with both Israel and
Palestine living peacefully side by side within secure
and recognized borders. The international community
cannot afford to turn a blind eye or a deaf ear, and
claim ignorance to the plight of Palestinians. It must
express and maintain its solidarity with the Palestinian
people and work together to facilitate the attainment of
comprehensive peace in the region. The valiant
struggle of the Palestinian people against Israeli
occupation, against the injustices suffered by them and
against the inhumane treatment meted out to them must
be recognized and appropriately responded to without
further delay. The international community should
muster the necessary political will, wisdom and
courage to decisively respond to the need for a just,
comprehensive and lasting settlement to the conflict.
The long-suffering people of Palestine deserve nothing
less. Peace will remain elusive unless all parties
concerned, the region and the wider international
community are prepared to play their part responsibly.
The President: I thank the representative of
Malaysia for his kind words addressed to me.
The next speaker inscribed on my list is the
representative of India, to whom I give the floor.
Mr. Gopinathan (India): We thank you,
Mr. President, for providing the general membership
with an opportunity to proffer their views on the
situation in the Middle East by scheduling this open
debate of the Security Council. We would also like to
take this opportunity to congratulate Mr. Alvaro de
Soto on his recent appointment as the United Nations
Special Coordinator for the Middle East Peace Process
and for his comprehensive briefing this morning.
This meeting of the Security Council comes at a
critical time in the Middle East. The Secretary-General
recently noted the prospects for a positive conjuncture
in the Middle East peace process when he said:
"Recent events in the Middle East have
raised hopes of a possible resumption of the
peace process between Israelis and Palestinians.
We have witnessed the successful completion of
Palestinian presidential elections on 9 January
2005, which was followed by the convening of
the Summit at Sharm el-Sheikh on 8 February
2005, where Israeli and Palestinian leaders
announced a series of commitments to end
violence, and to rebuild trust and mutual
confidence". (S/2005/432)
Israel's proposed withdrawal from the Gaza Strip
and parts of the northern West Bank is scheduled to
take place next month. The international community is
hopeful that the withdrawal will represent a step in the
broader peace process, and that it will be used as a
springboard to revitalize the road map. It is essential
for the Israeli and Palestinian sides to coordinate the
economic, civilian and security aspects of the
withdrawal. The withdrawal must take place as
scheduled. In that context, the decision of the Israeli
Knesset yesterday to vote down three resolutions
aimed at delaying the withdrawal is a welcome
development. We hope that the withdrawal will be full
and complete, and that it will be followed by
negotiations on final status issues.
Unfortunately, recent events, including an
escalation in violence, have threatened the hopes for
progress that the past few months had represented. The
recent suicide bombing in Netanya, Israel, and the
firing of rockets from Gaza were condemnable acts.
We call upon the Palestinian Authority to continue to
make every effort to prevent such actions. At the same
time, Israel's resumed forceful actions in response to
those attacks, including targeted killings, could
seriously compromise the calm that has prevailed in
the past few months. While we recognize Israel's
legitimate right to self-defence, we have also cautioned
that any such moves should be exercised
proportionately and in conformity with international
law.
Israel's ongoing construction of the separation
wall remains a source of deep concern to the
international community. As we have stated in the past,
no one could have objections to the construction of the
wall in areas coinciding with the Green Line. Its
encroachment on Palestinian land and interests creates
great hardships for the people affected by its
construction and exacerbates the situation. Besides,
continued construction of the wall on Palestinian land
threatens to prejudge the eventual outcome of the final
status negotiations between the parties.
In that connection, we recall the advisory opinion
of the International Court of Justice on the legal
consequences of the construction by Israel of the wall
in the occupied Palestine territory. The Court opined
that the wall is contrary to international law and should
be dismantled. We called on Israel, in keeping with
overwhelming international opinion on the matter, to
take full account of the advisory opinion with a view to
its early implementation. We once again renew our call
on Israel to take note of the recommendations in
General Assembly resolution ES-10/15 of 20 July
2004, based on the advisory opinion of the
International Court of Justice. We also call upon the
Secretary-General to establish the register of damage,
as recommended by the same General Assembly
resolution, at the earliest date.
One of the primary obligations under the road
map was the requirement for Israel to halt all
settlement activity, including natural growth, and to
dismantle settlement outposts erected since March
2001. We call upon Israel to fulfil its obligations and to
desist from any further settlement construction activity.
That would also serve as an important confidence-
building measure.
At this juncture, it is critical for the international
community, in particular the Middle East Quartet, to
carefully monitor the situation and to work closely
with the parties with a view to encouraging them to
fulfil their commitments and obligations. At the same
time, it must be ensured that vested interests on both
sides are not allowed to derail the process, thereby
once again damaging the real prospects for peace in the
Middle East.
Notwithstanding the recent discouraging events,
we are confident that a just and comprehensive
solution to the conflict is attainable. We call upon all
sides to work together assiduously to achieve the
vision of two States living side by side in secure and
recognized borders, based on Security Council
resolutions 242 (1967), 338 (1973), 1397 (2002) and
1515 (2003).
The President: The next speaker inscribed on my
list is the representative of Lebanon, on whom I now
call.
Mr. Assaf (Lebanon) (spoke in Arabic): Israel
continues to build the separation wall inside the
occupied Palestinian territories. It is now 720
kilometres long and 90 per cent of its length falls
within the West Bank, at a depth of 22 kilometres in
some places. It isolates the Palestinian population and
violates their basic rights.
The completion of the wall will entail the
annexation of approximately 1,000 square kilometres
of West Bank territory, as noted in one of the
Secretary-General's reports. Thus, it is not accurate to
claim that the wall separates Israel and the occupied
Palestinian territories, for the majority of its sections
separate Palestinian lands from other Palestinian lands
that have been usurped and annexed by Israel.
Israel advances security reasons to justify the
construction of the wall. If those reasons were genuine,
why should it not be built along the armistice lines of
1949? The construction is a unilateral measure that
totally disregards the recommendations contained in
resolutions 242 (1967) and 338 (1973) on achieving a
peaceful settlement through negotiations and, of
course, with the agreement of both parties.
In pursuing its construction of the separation
wall, Israel is violating both the legal principle that
establishes the illegality of acquiring land by force and
the relevant General Assembly resolutions calling on it
to cease building the wall in the occupied Palestinian
territories, including East Jerusalem. The construction
also contravenes the advisory opinion of the
International Court of Justice, which ruled that the wall
violates international law and is an obstacle to the
establishment of a contiguous Palestinian State, and
that Israel must cease construction forthwith, dismantle
the completed sections, and offer compensation for the
damage resulting from the construction.
The Security Council is required to take all
necessary measures to put an end to the illegal
situation resulting from the construction of the
separation wall, pursuant to the provisions of
international law and to paragraph 160 of the advisory
opinion of the International Court of Justice on that
issue.
The President: The next speaker inscribed on my
list is the representative of Indonesia, to whom I give
the floor.
Mr. Jenie (Indonesia): Let me begin by
expressing my delegation's appreciation to Mr. Alvaro
de Soto, the United Nations Special Coordinator for the
Middle East Peace Process and the Secretary-General's
Personal Representative, for his comprehensive
briefing.
Just two days ago, the Indonesian delegation to
the substantive session of the Economic and Social
Council delivered a statement deploring the deepening
economic and social hardship endured by the
Palestinian people in the face of Israeli policies and
practices in the occupied territory. Against the
backdrop of recent developments in the occupied
Palestinian territory, including East Jerusalem, in
particular the deterioration of the situation on the
ground, the convening of this meeting upon the request
of the Arab Group and the Arab League is indeed
timely and highly relevant.
We are particularly alarmed by the continued and
accelerated construction of Israel's unlawful wall in the
territory, including in and around East Jerusalem. It is a
blatant violation of international law, including
international humanitarian and human rights law, and
also a flagrant sign of disrespect for the relevant
advisory opinion of the International Court of Justice,
as well as of General Assembly resolution ES-10/15 of
20 July 2004.
Clearly, the construction of the wall violates the
economic and social rights of the Palestinian people
and is having a grave impact on their economic and
social conditions. We cannot ignore the resource
problems, including the lack of water distribution and
water pollution deriving from infrastructure and
environmental damages as the result of that policy. The
restrictions imposed by the wall have caused
waterborne diseases, not to mention the food insecurity
that will certainly affect the health of the Palestinian
people.
The Israeli plan to extend its wall around the
illegal settlements located east of Jerusalem will lead
to the confiscation of even more Palestinian land. That
will place further restrictions on the freedom of
movement of Palestinian civilians to and from
Jerusalem. As noted by Mr. Alvaro de Soto this
morning, Israel continues to build settlements in the
occupied territory in an extensive manner. Indeed, the
settlements are causing geographical fragmentation
that will eventually threaten family life and affect the
most vulnerable of the population, primarily children,
who are facing greater difficulties in accessing
education.
As we speak, more Palestinian homes, factories,
public infrastructure and agricultural land continue to
be destroyed for illegal settlements, transforming more
Palestinians into refugees in their own land. If such
Israeli policies and practices are allowed to go further,
the final status of occupied East Jerusalem in future
peace negotiations will be threatened. It may also
threaten the prospects of the two-State solution and
even the very existence of the Palestinian State.
That situation needs urgent attention from the
international community. It is my delegation's fervent
hope that the Council will take immediate action to
prevent the situation from deteriorating and compel
Israel to respect its international obligations under
international law, including international humanitarian
and human rights law.
My delegation is deeply disturbed by reports of
continuing atrocities committed by Israel in the
occupied territories, of which the majority of victims
are Palestinians, including women and children.
Violence can never provide the solution to a conflict,
as it seriously undermines the prospects for peace.
In our view, the only necessary and sustainable
option for improving the situation is an end to Israeli
occupation of Palestinian territory, including East
Jerusalem, and of the Syrian Golan. Israel must
withdraw fully from Gaza as well as from the rest of
the occupied Palestinian territories, including East
Jerusalem. That should include withdrawal from land,
sea and air spaces and it should immediately be
followed by negotiations on the final status issue.
However, the ongoing process of Israeli disengagement
from Gaza, while it is an encouraging sign, should not
be used a pretext for continued colonization of the rest
of the occupied Palestinian territories, including East
Jerusalem.
In conclusion, let me say that Indonesia remains
fully committed to the struggle of the Palestinian people
to achieve its inalienable rights and to realize its
aspiration to a secure and prosperous independent
homeland.
The President: The next speaker is the
representative of Saudi Arabia, to whom I give the
floor.
Mr. Shobokshi (Saudi Arabia) (spoke in Arabic): I
wish to join other speakers in congratulating you, Sir,
on your assumption of the presidency of the Security
Council for the month of July. We are confident that
you will guide the work of the Council with great
wisdom. We wish also to thank your predecessor, the
Permanent Representative of France, for his wise
conduct of the Council's work last month.
Harsh - indeed unbearable - social and
economic conditions continue to prevail in the
occupied Palestinian territories, including East
Jerusalem. That is a result of the escalation of violence
and Israel's illegal policies and practices of oppression.
Israel continues to set up checkpoints and turn them
into border crossings and to expand its construction of
illegal settlements.
Israel has always defied the decisions of
international legitimacy, and one year after the
advisory opinion of the International Court of Justice,
it has continued that defiance by deciding to accelerate
the construction of the separation wall around
Jerusalem with the purpose of completing the wall that
Israel has been building for the past two years. The
wall will annex more than 8 per cent of the West Bank
and will isolate cities and villages. In the full view of
the Security Council and on the pretext of security and
self-defence considerations, Israel is continuing
construction of the separation wall in total disregard
for the Court's advisory opinion and in contempt of
General Assembly resolution ES-10/15 of 20 July
2004.
The wall's purpose is to eject the largest possible
number of Palestinians. They will have to leave their
jobs, their lands and their property because of the
humiliating constraints that Israel imposes upon them.
The Government of Israel is confiscating those lands
and other property and is building new Israeli
settlements, some of them very populous, in order to
completely Judaize the land and strip Palestinians of all
their rights, including basic human rights.
The international community and all peace-loving
people welcomed the advisory opinion of the
International Court of Justice and accepted its
recommendations and conclusions. The separation wall
has given a new dimension to the problem: it
jeopardizes efforts to secure peace in the region; it
could undermine the road map; and it is a major
obstacle to the establishment of a viable Palestinian
State living side by side with Israel in accordance with
Security Council resolution 1397 (2002).
The international community cannot shut its eyes
or turn a deaf ear to the suffering of the Palestinian
people. It must reaffirm its solidarity with the
Palestinian people, which is sorely suffering under
ugly colonization and unjust occupation. The
international community, represented by the United
Nations - and in particular by the Security Council -
must endeavour to put pressure on Israel and oblige it
to abide by the advisory opinion of the International
Court of Justice by halting the construction of the wall
and dismantling the parts that have already been built.
Israel's actions are contrary not only to
international law and international humanitarian law,
but also to the very spirit of our times, the principles of
the Charter and humanitarian values that reject racism
in all its forms, for Israel's building of the separation
wall is a clear act of racism.
We reaffirm that the Israeli withdrawal from Gaza
must be comprehensive and complete. It must be
followed by Israeli withdrawal from all the occupied
Arab territories, including East Jerusalem. Unilateral
disengagement from Gaza must not be a mere cloak for
continued Israeli occupation of the other Palestinian
lands, including East Jerusalem. Israeli withdrawal
from Gaza must be followed by the start of final-status
negotiations.
The Kingdom of Saudi Arabia is greatly
concerned at the suffering of the Palestinian people and
at the fact that Palestinians and their cities are
undergoing Israeli violence, aggression, human rights
violations, violations of international resolutions and
destruction of infrastructure. We call upon the
international community to sound the alarm about
these oppressive Israeli practices and to shoulder its
political, moral and humanitarian responsibility in that
regard. We call upon the Security Council to continue
to work towards a comprehensive, just and lasting
solution to the question of Palestine in all its
dimensions, in accordance with the Charter, the
relevant United Nations resolutions, international
humanitarian law, the road map and the Arab peace
initiative.
The President: I thank the representative of
Saudi Arabia for the kind words he addressed to me.
The next speaker is the representative of the
Islamic Republic of Iran, to whom I give the floor.
Mr. Danesh-Yazdi (Islamic Republic of Iran):
Allow me, Sir, to begin by congratulating you on your
assumption of the presidency of the Security Council
for this month. I should also like to thank you for
convening this meeting on an issue that is very
important for the international community in general
and for the Middle East in particular. We also wish to
pay tribute to last month's French presidency of the
Council.
A year ago this month, the International Court of
Justice (ICJ), in its advisory opinion, found the
construction of the separation wall cutting through the
occupied West Bank to be illegal. The ICJ asserted that
the wall had to be dismantled and that the Palestinians
had to be compensated for losses sustained due to its
construction. Shortly after that, the General Assembly
cemented the ICJ opinion by adopting resolution ES-
10/15, which acknowledged the advisory opinion,
demanded that Israel comply with it and called upon all
Member States to respect the legal obligations
stipulated therein.
Blatant defiance was the Israeli response to the
will of the international community so clearly
expressed. Over the past year, the building of the
unlawful expansionist wall, including in and around
East Jerusalem, went on at a faster pace, as did the
ongoing destruction of properties and the confiscation
and annexation of Palestinian land required for
construction. In parallel, the expansion of Jewish
settlements on the occupied Palestinian land, also
deemed illegal by the same advisory opinion of the
Court, has continued unabated.
The recent approval by the Israeli cabinet of a
route for the section of the concrete wall being built
around Jerusalem is the latest act of flagrant defiance
of the will of the international community. That section
of the wall cuts through two densely populated
Palestinian neighbourhoods, cutting off an additional
55,000 - maybe more - Palestinian residents of
occupied East Jerusalem from the rest of the city and
from their work, schools, hospitals and families. It also
prevents other Palestinians from reaching occupied
East Jerusalem and denies them complete access to the
Holy City. In so doing, the Israeli regime is seeking to
achieve the goal of tilting the demographic balance and
pursuing the aim of the Judaization of the city by
imposing a fait accompli on the Palestinians.
International law holds that no occupying Power
has a right to change the features of the territories it
occupies. The International Court of Justice, in its
advisory opinion, reiterates this basic principle by
stressing that
"all States are under an obligation not to
recognize the illegal situation arising from the
construction of the wall, not to render aid or
assistance in maintaining that situation"; (A/ES- 10/273, p. 52, para. 163)
and
"to ensure compliance by Israel with international
humanitarian law as embodied in [the Fourth
Geneva] Convention". (ibid.)
There is no doubt that the legal stipulations in
this paragraph entrust the international community
with an immense responsibility. Besides, this wall flies
in the face of justice and basic humane values, and
those who claim to be in possession of such lofty
values should not remain indifferent to it, let alone
condone it.
The Palestinian people continue to suffer and
endure hardship in the face of illegal Israeli practices
and policies, including crimes such as collective
punishment, house demolitions, land confiscation and
targeted and indiscriminate extrajudicial killings. In
recent months, over 60 Palestinians have been killed,
including through the resumption of Israel's terrorist
acts and extrajudicial executions, bringing the number
of Palestinian deaths since September 2000 to more
than 3,670. At the same time, the number of injured
persons continues to increase. These crimes, coupled
with other illegal Israeli practices, such as restrictions
on the freedom of movement of Palestinian persons
and goods, as well as the existence of hundreds of
checkpoints throughout the occupied Palestinian
territory and the continuation and even acceleration of
the construction of the illegal Jewish settlements, have
in turn caused the already dire socio-economic
conditions of the Palestinian people to deteriorate,
making daily life unbearable.
We note that all efforts made in past years to de-
escalate the Palestinian conflict have been torpedoed
by the callous and belligerent Israeli positions and
actions, which further proves that the Israeli regime is
adamant in its desire to defy international law and the
will of the international community. Undoubtedly, until
the legitimate rights of the Palestinians are restored -
including their right to independent statehood and the
return of all Palestinian refugees to their homeland - a
fair, just and lasting solution to the Palestinian issue
will be out of reach.
We believe that the Security Council should not
stand idly by and avoid addressing seriously the
Palestinian question, which threatens peace and
security in the region and beyond. It is unfortunate that
the exercise of the veto has prevented the Council from
fulfilling its responsibilities with regard to the
Palestinian question thus far. Indeed, the selective
show of resolve and the discriminatory approach taken
towards enforcing the Council's resolutions undermine
its credibility and adversely affect the overall
international security system.
The President: The next speaker inscribed on my
list is the representative of Norway, to whom I give the
floor.
Mr. Juul (Norway): Let me first of all express
our appreciation to the United Nations special envoy,
Mr. de Soto, for his comprehensive briefing here today.
Israel's decision to disengage from Gaza and
parts of the northern West Bank is a brave step that
should trigger the immediate implementation of the
road map and the revitalization of the peace process.
Hopefully, it will bring us closer to the realization of
the vision of two democratic States, Israel and
Palestine, living side by side in peace and security.
For the disengagement to have that effect, its
significant potential for revitalizing the Palestinian
economy must be utilized. The disengagement will aid
the speedy implementation of the road map and breathe
new life into the peace process only if we manage to
harness its potential for revitalizing the Palestinian
economy.
As chair of the donor group - the Ad Hoc
Liaison Committee - Norway welcomes the important
work done by James Wolfensohn to ensure the success
of disengagement. The Liaison Committee stands ready
to support Mr. Wolfensohn's efforts to mobilize
tangible financial contributions from the international
donor community in support of his rapid-reaction
programme.
We also welcome the political courage shown by
the leaders of the two sides so far with regard to
disengagement. However, it is essential that the parties
coordinate the disengagement process and cooperate
effectively with Mr. Wolfensohn. Furthermore, the
Palestinian Authority should speed up its reform
programme and Israel should do what it can to create
the conditions necessary for viable Palestinian
economic growth after the withdrawal from Gaza and
certain parts of the northern West Bank.
The international community, as well as the
parties, must also look beyond the disengagement to
"the morning after". We must not allow the
disengagement process to divert attention away from
the continued expansion of settlements on the West
Bank and in East Jerusalem and the continued
construction of the barrier east of the Green Line. That
policy undermines the possibility of positive dividends
from the Gaza disengagement. We are concerned by the
recent Israeli cabinet decision to immediately complete
the separation barrier in and around East Jerusalem.
Israel must stop and reverse the construction of the
barrier inside Palestinian territory, including in and
around East Jerusalem. Any changes to the pre-1967
borders other than those arrived at by agreement
between the parties are not acceptable.
We are deeply concerned by the recent escalation
of the violence in Israel and in the Palestinian
territories. We condemned unreservedly the recent
terrorist attacks on Israel. The Palestinian Authority
must take immediate and effective action against those
involved in attacks. Israel, for its part, has an
indisputable right to protect its citizens against terrorist
attacks. However, international law bans the practice of
extrajudicial killings.
Furthermore, the Palestinian Authority must step
up its efforts to ensure a secure environment for its
citizens. Norway will continue its support for the
development of Palestinian security capacity through
the Palestinian civil police, in coordination with the
European Union Coordination Office for Palestinian
Policing Support and the United States Security
Coordinator, General Ward.
The President: The next speaker inscribed on my
list is the representative of the Sudan, to whom I give
the floor.
Mr. Mannan (Sudan) (spoke in Arabic): At the
outset, I should like to join preceding speakers in
congratulating you, Sir, on your assumption of the
presidency of the Security Council for this month. We
are fully confident that your patience and wisdom will
ensure the success of the Council's work. I should also
like to congratulate Mr. Alvaro de Soto on his
appointment as Special Coordinator for the Middle
East Peace Process and Personal Representative of the
Secretary-General and to thank him for his lucid and
comprehensive briefing this morning.
The question of Palestine is truly at the centre of
the world's attention and at the core of the conflict in
the Middle East. The deterioration of the humanitarian
situation in that important part of the world is one of
the greatest challenges for the Security Council in
carrying out its responsibility for the maintenance of
international peace and security.
Notwithstanding the outcome of the February
2005 Sharm el-Sheikh summit, the situation in the
occupied Palestinian territories, including East
Jerusalem, continues to deteriorate in a harrowing
manner. The steadfast Palestinian people continue to
bear the brunt of Israel's unjust policies and practices.
Houses are being demolished over the heads of their
occupants, land is being confiscated, and unarmed
young people, elderly people, women and children
continue to be killed.
Even more grave is the fact that Israel continues
to build its illegal wall on usurped Palestinian territory,
including East Jerusalem. Israel carries out its unjust
aggression by demolishing buildings and confiscating
land for that purpose, in clear contravention and
violation of international law, humanitarian law and
conventions on human rights. Israel also persists in its
disregard and contempt for General Assembly
resolution ES-10/15 and for the advisory opinion of the
International Court of Justice concerning the wall.
The Court's advisory opinion on the wall of
injustice is now more than a year old. Its pages remain
open and in full view for the whole world to read if it
so wishes. The Court declared the wall to be illegal and
called upon Israel to desist forthwith from its
construction, to dismantle the sections already built, to
abrogate all laws pertaining to the wall's construction
and to make reparation for all damage resulting from
that construction. The Court also ruled that all States
are under an obligation not to recognize the illegal
situation resulting from the wall's construction and to
ensure compliance by Israel with international
humanitarian law as embodied in the Fourth Geneva
Convention.
Israel's withdrawal from the Gaza Strip must be a
genuine and complete withdrawal - that is, from land,
sea and air space. It must be followed by Israel's full
withdrawal from the rest of the occupied Palestinian
territories, including East Jerusalem. That in turn must
be followed immediately by the commencement of
final-status negotiations with a view to the
establishment of an independent Palestinian State with
Al-Quds Al-Sharif as its capital.
In conclusion, I should like to reaffirm the
Sudan's complete solidarity with the Palestinian people
and our support for them in their cause, whose justness
has been recognized by the international community as
a whole. We call upon the Security Council to adopt a
firm position to compel Israel to comply with the
Charter of the United Nations, international law,
international humanitarian law, the relevant resolutions
of the General Assembly and the Security Council and
the advisory opinion of the International Court of
Justice so that security and stability can prevail in this
important and vital part of the world, whose stability
forms the basis for peace, security and stability
throughout the rest of the world.
The President: I thank the representative of the
Sudan for the kind words he addressed to me.
The next speaker inscribed on my list is the
representative of Cuba, to whom I give the floor.
Mr. Gala Lopez (Cuba) (spoke in Spanish): We
consider the convening of this open debate to consider
recent events in the occupied Palestinian territory,
including East Jerusalem, to be very timely. The
situation there has deteriorated even further.
The recent hostile actions of Israel, the occupying
Power, add to its long record of decades of aggression,
violations of the most basic human rights and physical
and emotional damage inflicted on the Palestinian
people. That includes, inter alia, illegal settlements,
house demolitions, arbitrary detentions, State terrorism
and targeted extrajudicial executions, torture, the
building of a separation wall in Palestinian territories
and the suffocation of the Palestinian economy, all of
which continues to increase the economic and social
hardships of the Palestinians.
Despite the appeals of the international
community, the crisis in the Palestinian territories
continues to worsen as the number of dead and injured
rises, the vast majority of them innocent civilians. In
that respect, we reaffirm that Israel must comply with
international humanitarian law, including the Fourth
Geneva Convention of 1949.
Approximately one year has passed since the
General Assembly adopted its resolution ES-10/15.
However, the occupying Power has continued the
dangerous and unacceptable construction of the
separation wall in the occupied Palestinian territory,
including in and around East Jerusalem, despite the
fact that it is illegal and in violation of the norms and
principles of international law and the relevant
resolutions of the Security Council and the General
Assembly. The illegality of the construction of the wall
and its associated regime was clearly confirmed by the
International Court of Justice in its advisory opinion of
9 July 2004. Construction of the wall must cease
immediately, and what has already been built must be
demolished without delay.
Cuba continues to condemn the acts of
annexation, the excessive use of force that does not
discriminate between civilians and combatants, the
humanitarian crisis resulting from limitations on the
circulation of goods and persons, the inhumane
treatment of children, the generalized destruction of
property and the territorial expansion through the
construction of the separation wall.
Violence and the use of force cannot lead to the
solution that the world seeks for a conflict that would
have been settled many years ago if the Security
Council had acted with decision and transparency and
without double standards. In order to advance in
earnest towards a just solution of the Palestinian
problem, the United States should refrain from using
its paralysing and complicit vetoes when this question
is under consideration in the Council. And it should
immediately suspend financial support for military
purposes and the delivery of military equipment to
Israel, including tanks, helicopters, missiles and
aircraft, which today are used against civilians.
Cuba reaffirms its full support for the cause of
the Arab peoples, in particular the Palestinian people,
against the occupation and the aggression of Israel. We
express our deep solidarity with their resistance and
rebellion. At the same time, Cuba denounces the
suicide bomb attacks and other acts against Israeli
civilians, innocent victims in the spiral of violence
caused by their Government's policies, and we are
opposed to the manipulation of those isolated acts to
put in question the Palestinian people's exercise of
legitimate defence and to justify selective, large-scale
measures against the Palestinian people.
We reaffirm that no just and lasting peace can be
achieved in the Middle East until the Israeli occupation
is ended; the Palestinian people can exercise their
legitimate right to establish an independent State, with
its capital in East Jerusalem; all the occupied Arab
territories are returned; Israel withdraws from the Gaza
Strip, the West Bank and the Syrian Golan to the
borders of 4 June 1967; the Israeli provocations in the
south of Lebanon are halted; the return of Palestinian
refugees is guaranteed; and the illegal Israeli
settlements are removed from all the occupied
territories.
The President: I now give the floor to the
representative of Pakistan.
Mr. Akram (Pakistan): First, let me welcome
Mr. Alvaro de Soto, Special Coordinator for the Middle
East Peace Process, congratulate him on his
appointment and express our deep appreciation for his
balanced report to the Security Council today.
We thank you, Mr. President, for convening this
open meeting on the situation in the Middle East,
including the Palestinian question. In the face of the
far-reaching developments taking place in the region, it
is important for the international community to be
actively engaged. This Council in particular has a
special responsibility for peace in the Middle East.
A lot has been said during the day-long debate. I
would like to make five essential points.
First, the construction of the separation wall by
Israel in the occupied Palestinian territories, aside from
enormously aggravating human suffering in the
Palestinian territories, poses a mortal danger to the
peace process, seriously undermines the
implementation of the road map and presents a major
obstacle to the creation of a viable and contiguous
Palestinian State. Last July, the International Court of
Justice rendered its advisory opinion, concluding that
the wall is illegal.
The General Assembly, in resolution ES-10/ 15 of
20 July 2004, demanded that Israel comply with its
legal obligations as mentioned in the advisory opinion,
which, inter alia, included immediate cessation of the
wall's construction, the dismantling of the parts already
built and payment of reparations to affected persons.
It is a matter of deep concern that, one year after
the Court's advisory opinion and the General Assembly
resolution, the construction of that illegal wall
continues unabated and has, indeed, accelerated. The
Israeli cabinet recently approved the remaining details
of the separation wall's route around Jerusalem, which,
as Special Coordinator de Soto reported this morning,
would cut off some 55,000 Palestinians residents of
East Jerusalem from the rest of the city. They will be
separated from their workplaces, schools, hospitals and
families.
Aside from exacerbating the plight of the
Palestinians, that action raises much larger issues,
including the final status issues. The international
community has an obligation to ensure that Israel does
not further ignore the Court's opinion and the General
Assembly resolution, that it fulfils its legal obligations
and fully respects international humanitarian law, and
that it does not pre-empt the final status issues,
especially on the status of Jerusalem.
Secondly, the situation on the ground continues to
be of serious concern, with an increase in violence and
the reported gradual erosion of the ceasefire. While
referring to mortar and Qassem rocket attacks by the
militants, the Special Coordinator also noted in today's
briefing the Israeli side's resumption of the practice of
targeted killings. The principal victims of that tragic
conflict remain innocent civilians, most of them
Palestinians. We appreciate President Abbas's
commitment to security reforms and the practical steps
taken by the Palestinian Authority to strengthen law
and order. Those endeavours deserve the full support of
the international community.
The latest statistics also show a significant
increase in Israeli construction activity in the West
Bank and Gaza. The Quartet, in its statement of 23
June, expressed concern over Israeli settlement activity
and rightly affirmed the need to avoid any action that
contravenes the road map or prejudices final status
negotiations. As consistently demanded by the
international community, all illegal settlement activity
must be frozen and reversed.
It is vital that all sides avoid any escalation,
observe the utmost restraint and work to establish a
stable environment for hope and security. But hope
cannot be generated in a vacuum. Peace and
development go hand in hand. The Palestinian
Authority must have the necessary international
assistance to revive the economy and undertake the
development activities essential for beginning a new
page in Palestinian life. We welcome recent
commitments of support to the Palestinians, including
at the Group of Eight summit.
Thirdly, the Israeli plan to disengage from Gaza
and parts of the northern West Bank is a welcome step.
It should be implemented with the utmost care and in
full coordination with the Palestinian Authority. The
withdrawal must be full and complete. Most important,
it must be the first step towards the end of the
occupation of all Palestinian territories.
Fourthly, Israelis and Palestinian must deepen
their dialogue and gradually move to address final
status issues. The Security Council should actively
promote that process.
Fifthly, the implementation of the road map offers
the most viable way forward towards sustainable
peace. Ensuring a just, comprehensive and lasting
settlement of the Israeli-Palestinian dispute in
accordance with resolutions 242 (1967) and 338 (1973)
and the road map is our collective obligation. The
vision of two States, Israel and Palestine, living side by
side in peace and security is one that was reflected in
the Arab peace initiative and that has been embraced
by the entire international community. We must all
work for the earliest possible realization of that vision.
Success in realizing that vision can have
profound and positive implications for peace and
stability in the entire Middle East and beyond. At this
fateful moment, the international community, including
the Security Council, must summon the political
courage and will to ensure the realization of that shared
Vision.
The President: The next speaker inscribed on my
list is the representative of the Libyan Arab
J amahiriya, to whom I give the floor.
Mr. Elyounsi (Libyan Arab J amahiriya) (spoke in Arabic): Allow me to sincerely thank you,
Mr. President, for convening this important meeting to
consider the latest developments in the occupied
Palestinian territories, including East Jerusalem,
notably Israel's ongoing and accelerating settlement
activities and its construction of the illegal separation
wall.
The Israeli occupation authorities continue their
acts of aggression and repression against the unarmed
Palestinian people. The occupation continues to
exacerbate the economic and social suffering of the
Palestinian people. Israel's illegal activities, including
its ongoing construction of settlements and the
separation wall, continue despite the 9 July 2004
advisory opinion of the International Court of Justice
(ICJ) and General Assembly resolution ES-10/15 of
20 July 2004. That is in addition to the restrictions
imposed on the movement of people and goods, the
destruction of houses, the confiscation of land, the
uprooting of trees and extrajudicial executions -
which have resulted in the death of 3,670 Palestinians,
of whom a third were children killed in cold blood
either in their classrooms or on their way to school.
The Israeli occupation's practices against the
Palestinian people prove beyond any doubt that the
Government of Israel is not serious about achieving a
just peace in the Middle East. That is evidenced by its
outright rejection of the international community's
resolutions, its violations of international law and its
disregard of the will of the international community.
The Israeli occupation has ignored every peace
initiative that the Palestinian people have accepted
despite the fact that they provided for just a minimum
of their inalienable rights. The last of those initiatives
is the so-called road map. Instead, Israel has continued
to annex land, build settlements, erect the separation
wall and bring in more immigrants while forcing the
displacement of the Palestinian people by creating
hardships as part of its policy of imposing a de facto
situation.
Despite the ICJ's advisory opinion, which
declared the separation wall illegal and called upon
Israel to cease its construction, dismantle what had
already been built, nullify all laws and regulations
adopted in connection with it and make reparation for
damage caused by it, the Israeli Government decided
that the wall would be completed by 1 September
2005. On 10 July, Israel decided to re-route the
separation wall through East Jerusalem proper, which
constitutes a grave challenge to the will of the
international community and a rejection of the advisory
opinion.
Israel's unilateral disengagement and withdrawal
from the Gaza Strip is merely a manoeuvre to divert
the international community's attention from its plans
to annex more land and complete the separation wall.
More dangerous yet is Israel's effort to isolate East
Jerusalem and all its Islamic Holy Places in order to
implement its plans to destroy the Al-Aqsa mosque.
That poses a threat not only to peace in the Palestinian
territories, but throughout the region and the world at
large. Any aggression against East Jerusalem will
intensify the conflict in the region, destroy any hopes
for a peaceful resolution of the conflict and plunge the
world into new depths of conflict, thereby increasing
terrorism and fundamentalism and opening up the door
to more bloodshed.
If peace is to prevail in the Middle East and its
people are to enjoy security, the international
community, and the Security Council in particular,
should assume its full responsibility to exert pressure
upon the occupying Power to put an end to its practices
and violations against the Palestinian people and to
comply with the will of the international community,
implement all resolutions calling upon it to end its
practices and expedite its withdrawal from the
Palestinian territories.
The President: The next speaker inscribed on my
list is the representative of Morocco, to whom I give
the floor.
Mr. Bennouna (Morocco) (spoke in French):
Allow me at the outset to congratulate you, Sir, on your
assumption of the presidency of Council for this
month. We are confident that your well known personal
and professional abilities will ensure the full success of
the Council's work this month. Allow me also to
express the gratitude of the delegation of Morocco to
your predecessor, Ambassador Jean-Marc de La
Sabliere, Permanent Representative of France, for the
excellent manner in which he presided over the
Council's work last month. It is also a great pleasure
for me to congratulate Mr. Alvaro de Soto, United
Nations Special Coordinator for the Middle East Peace
Process. I have had the pleasure of knowing him for
quite some time, during which I have come to know his
excellent qualities, which do honour to the
international civil service. On behalf of my delegation,
I commend him on the briefing he gave the Council
this morning on the situation on the ground. I wish him
every success in carrying out his extremely important
duties.
The Security Council is meeting today to discuss
the very disturbing situation prevailing in the occupied
Palestinian territories, including East Jerusalem, at a
time when the international community is very closely
following Israel's planned withdrawal from the Gaza
Strip and certain parts of the northern West Bank.
Unfortunately, Israel's ongoing policy to expand
settlements, its continued construction of the wall, in
violation of international law, and its almost daily
assaults on the basic rights of Palestinians threaten to
worsen the climate of instability and crisis that exists
in the occupied Palestinian territories.
Like other speakers here, and as has been done in
other forums, we wish to reiterate that no one has a
monopoly on feelings. No one has a monopoly on
suffering. No one has a monopoly on innocent victims.
What Palestinians have come to the Council to ask for
is equal application of international law for everyone,
including compliance with humanitarian law, as well as
the right to exist as a State for two peoples involved in
a conflict as least as old as the United Nations itself, if
not far older. Palestinians are asking for hope for the
children, without regard to nationality or origin, so that
they may grow up, have an education and flourish, just
like all the other children of the world. Unfortunately,
Palestinian now face despair on a daily basis, which
inevitably marginalizes them and leads them to
extremism.
We condemn all acts of terrorism regardless of
origin or the motivation behind them. But we are also
aware that, in order to eradicate that scourge, hope
must be restored for Palestinians through the
establishment of their own State. In order to do that,
Israel must take the hand that has been extended to it
by the Palestinian Authority, with Mr. Mahmoud Abbas
at its head.
We caution against any action now being
undertaken to establish new settlements, which
constitutes a step backwards - and even a repudiation
of the peace efforts - and delays the genuine
implementation of the road map. As has been stated
repeatedly today, that holds also for Israel's obvious
desire to cut off East Jerusalem from its proper
Palestinian surroundings.
We were encouraged on hearing of the decision to
withdraw from the Gaza Strip. We even believed that it
was a positive initiative that should take place in the
context of the road map as a whole. We hope that
decision will be carried out and that it will immediately
be followed by the opening of genuine and frank
negotiations to continue the implementation of the road
map.
A year has already passed since the International
Court of Justice (ICJ) issued, on 9 July 2004, its
advisory opinion regarding the legal consequences
arising from the construction of a wall on occupied
Palestinian territory. That opinion enabled the General
Assembly - in its resolution ES-lO/15 of 20 July
2004 - to make recommendations for compliance with
international law. What was clearly at stake from the
beginning of the debate requesting an opinion, as
everyone at the United Nations will recall, was not
Israel's right to ensure its security on its territory, that
is, within the Green Line. No one disputes that. What is
at stake is the fact that the wall is located across that
Line, in disregard of humanitarian law and the basic
rights of the Palestinians. According to the Court, the
construction of the wall on Palestinian territory was
planned and carried out in violation of international
law. As such, Israel bore responsibility, and it was
concluded that the illicit action had to stop and that
reparation had to be made for damage suffered by the
population of the occupied territories.
The international community has called upon
Israel to restore international legality on the basis of
the opinion of the International Court of Justice. As
was pointed out this morning, Israel's Supreme Court
has also referred to certain illegalities committed in the
building of the wall. In that regard, however, we should
not overlook the fact that international law has the final
word on the matter and that it takes precedence over
the laws and legal practices of States, including
Israel's, which is no exception to the general rule.
Beyond that legal aspect, the dismantling of the
wall that has been built on occupied territory must
occur as part of the effort to restore trust between
Israelis and Palestinians. The Kingdom of Morocco,
which, as everyone knows, has for many decades been
faithful to its constructive role in favour of peace in the
Middle East through tolerance among cultures and
religions, once again urges Israel to take down the
wall, remove its settlements from occupied Palestinian
territory and launch a genuine effort to promote
dialogue and build a common future between the two
peoples involved. It is clear that such an effort should
take place in the context of a just and comprehensive
settlement in the Middle East based on the relevant
resolutions of the Security Council, in particular
resolutions 242 (1967), 338 (1973) and 1397 (2002), as
well as resolution 1515 (2003), by which the Council
endorsed the road map.
This matter pertains to the future of a people with
which we have many ties. However, it also relates to
the future of international peace and security, which
the Security Council has the responsibility to maintain
on behalf of the international community.
The President: I thank the representative of
Morocco for his kind words addressed to me.
The next speaker inscribed on my list is the
senior adviser of the Permanent Observer Mission of
the Organization of the Islamic Conference to the
United Nations, on whom I now call.
Mr. Husain (Organization of the Islamic Conference): At the outset, I should like to join other
delegations in congratulating you, Sir, on your
assumption of the presidency of the Security Council
for this month. We are confident that, under your
leadership, the proceedings and work of the Council
will be steered efficiently and successfully. I also wish
to pay tribute to your predecessor, Ambassador Jean-
Marc de La Sabliere of France, for his excellent
guidance of the Council's work last month. We also
wish to thank you, Mr. President, for organizing this
important meeting on a subject to which the
Organization of the Islamic Conference attaches great
importance.
In flagrant disregard of the will of the
international community, the Israeli Government has
continued the construction of new stretches of the
apartheid wall, cutting deep into Palestinian land,
despite of the advisory opinion of the International
Court of Justice (ICJ), which ruled on the illegality of
the construction of the wall and its resulting violation
of international law.
Israel has also violated General Assembly
resolution ES-lO/ 15 on the wall, which demanded that
it cease immediately its construction work, remove the
stretches that have been built and discharge its
obligations under the road map.
Israel has also started to build new stretches of
the apartheid wall around the Holy City of Jerusalem
and the surrounding areas of Bethlehem. Israel's
continued confiscation of Palestinian land with
impunity is isolating the Palestinian territories and
causing serious damage to the Palestinian economy,
depriving Palestinians of their farms, schools, hospitals
and places of worship.
Israel is pursuing the unilateral demarcation of
new borders in the West Bank, which amounts to an
effective annexation of Palestinian territories,
undermining the borders of the Palestinian State and
even annihilating the very possibility of its
establishment.
It will be recalled that, in early June, the
Secretary-General of the Organization of the Islamic
Conference, Mr. Ekmeleddin Ihsanoglu, addressed
communications to the members of the Quartet, raising
several issues of concern with regard to the ongoing
Israeli-Palestinian conflict. The OIC Secretary-General
has emphasized that the unlawful Israeli expansionist
and colonialist policies and practices and seriously
damaging and destroying the geographical contiguity
of the Palestinian territory, making the two-State
solution virtually impossible to achieve. He also stated
in his communications that East Jerusalem - the
centre, of course, of the Islamic world - has become
an occupied city, just like other territories occupied by
Israel in 1967.
Israel is bound under international law to refrain
from making any changes that prejudice the rights of
the Palestinians in the city of Jerusalem. Through you,
Mr. President, the OIC calls on the international
community, especially the Security Council and
the Quartet, to take the necessary measures to uphold
international law and to counter the establishment of
Israeli illegal settlements and the construction of the
wall and its damaging effects on the Palestinian people.
The OIC calls upon all States to impose punitive
measures against any public or private entities or
corporations that have been contributing to the
construction of the wall, and against settlers and all
those who are profiting from the settlement activity on
the occupied Palestinian territory, including East
Jerusalem.
With regard to the Israeli withdrawal from the
Gaza Strip, the OIC reiterates that this withdrawal must
be full and complete and must be followed by Israeli
withdrawal from the rest of the occupied Palestinian
territory, including East Jerusalem.
In conclusion, the OIC attaches the highest
importance to the need for a rapid resolution of the
question of Palestine and the achievement of a just,
lasting and comprehensive final peace settlement,
based on the road map, the Arab Peace Initiative, the
rules and principles of international law, and relevant
Security Council and General Assembly resolutions.
Progress in that direction will move us towards the
accomplishment of the two-State solution, whereby
Palestine and Israel would live side by side in an
environment of harmony and tranquillity. Peace and
security would then return to the region. We urge the
Council to do its utmost to initiate actions to move in
that direction.
The President: I thank Mr. Husain for the kind
words he addressed to me.
There are no further speakers inscribed on my
list.
The Security Council has thus concluded the
present stage of its consideration of the item on its
agenda.
The meeting rose at 5.30 pm.
▶ Cite this page
UN Project. “S/PV.5230Resumption1.” UN Project, https://un-project.org/meeting/S-PV-5230Resumption1/. Accessed .