PERMANENT OBSERVER MISSION OF PALESTINE TO THE UNITED NATIONS
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H.E. Ambassador Dn Rivad Mansour Permanent Observer of Palestine to the United Nations before the Resumed Tenth Emersencv Soecial Sessionof the General Assemblv Asends item 5: Ulegal Israeli Actions in Occunied East ferusalem snd the rest of the Occupied Palestinian Teruitorv 15 December2006
Madam President, At the outset, I would like to expressour profound gratitude and deep appreciationto the Member Statesof the League of Arab States,the Organizationof the Islamic Conference,and the Non-Aligned Movement, for their valuable support in calling for the reconveningof the tenth emergencyspecialsession,and for cosponsoring draft resolutionA/ES-10/L.20.I would like of also to expressour thanks and deep appreciationto you, Madam President, the conveningof for this session More than two years ago, in July of 2004, the General Assembly met in a resumedtenth emergency special sessionfollowing the rendering by the International Court of Justice (ICJ) of its Advisory Opinion on the " Legal Consequences the Construction of a Wall in the Occupied of Palestinian Territory". That Advisory Opinion constituted a comprehensivedetermination of the applicable rules and principles of international law, including international humanitarianlaw and human rights law, and of the legal obligations arising from the breach of that law by Israel, the occupying Power, as a result of its construction of a wall in the Occupied palestinian Territory, including in and around East Jerusalem. After considering the Advisory Opinion and in a seriouseffort to uphold internationallaw, the Assembly adoptedresolutionES-10/15on 20 July 2004 by an overwhelming majority, in which it, inter alia, demandedthat Israel, the occupyingPower, comply with its legal obligationsas mentionedin the Advisory Opinion. Deplorably, however, Israel, the occupying Power, continues to act with the utmost impunity and in blatant disrespectof the Advisory Opinion and United Nations resolutions. Israel has not ceasedits unlawful construction of the wall in the Occupied PalestinianTerritory, including East Jerusalem. Instead,the occupying Power, continuesto press on with its unlawful colonization of the PalestinianTerritory through its constructionof the wall and its associated

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violationsandgravebreaches of international every law s-iryle against Palesti-oi* day the peopre, it r.uoirii, i-.rp-'i ur a" facto ilmex evenmore of thi Palestinian landit hasbrutallyoccupied coloni zed since1g67. and As it continues constructthis monstrous to wall, Israel,the occupyingpower, continues, inter alia, to confiscate more land and to destroyhornes, propertiesand agriculfuralfields and cropsin the occupiedPalestinian Tenitory. Thousands Palestinians of havebeendisplaced from their homes,altering the demography th. Tenitory. oi The wall and its associated regime, including the apartheidpermit iystem, continueto obstruct tne teeaom of movementof the Palestinian peopleand to obstrucitheir access dolulr their rights and io *rt, to healthcare, to education,to worship and to an adequatestand;d or fioing. T[e palestinian economyis in tatters,development.is nearly impossibleand hundreds tiousana, oiii.,r"tihoods of have been destroyedas a result of the *uitt socio-economic cond.itions and deepening ryotgening the humanitarian crisis beingfacedby tire parestini'an nr;;". The contiguity integnty of the PalestinianTenitory is constructionof the wall-yd the inhicate network of checkpoints being deshoyedsince the and as weil alscolonial settlements correlatedto it have sliced and carvedthe Territory into several.ndu-urr, some completely walled-in' resemblingBantustans. occupied East Jlrusalem has beenalmost totally isolated from the rest of the occupied Palestinianrrrritorl. ihr u*uty of trrenaturarlandscape environment and naturalresources being raviged. The very fabric palestinian andthe are oi societyis beingripped apartby Israel'sunlawful coniructio-nof the wall with ,o--*ities separated and isolatedfrom eachother andsomebeingdeshoyed irtrrlir entirety. ln sum,vastdevastation has , been caused,and continuesto be caused,by the construction bf th" walt and its associated regime in the occupied PalestinianTerritory, including East Jerusut"-, and the situation continues deteriorate to evermorewith theparsag"of time. MadamPresident. Most regrettably,sincethe renderingof the ICJ Advisory opinion and the adoptionof resolutionEs-10/15by the General Assemblymorethantwo yearsago,no concerted actionhas been taken to compel Israel, the occupyingPo*r, to ceaseits cJnstructionof the wall, to dismantle andto comply-"?q it' bgal ottiiations in this it regard. No measures havebeentaken by Member states - upholding the-iroblig-ations under intemationallaw, as articulatedin the 1n Advisory opinion, in compliancewith risolution ES-10/15, o, io-,o-pliance with their obligations under common article I of the Genevaconventions t" b.i";; end to the grave breaches are bgiogcommi6s4by Israel,.ttr.o.rupyingfowgr, that ugui*t A; palsstinian people in the occupiedPalestinian Territory,includingE"rt il;fuem, by its construction of the wall. As a resultof this situation, damages hardships the and beingsufferedby the palestinian peopleas a result of the construction the-*uu of *a its associated regimecontinueto mount. we thus appealtoday to the internationalcommunityto tut" the necessary actionsto address this situation and to bting an end to this ongoing injustice againstthe palestirrian peopte. The security council, which up until today hasnot-evJnattempedto address crisis of the wall, the cannotcontinue evadeits responsibilities. to The council musttakeactionto bring an endto this

regimeaswell asits settlement campaign, committingcountless

crime that is being committedagainstthe Palestinian people- a crime that is making the twoStatesolutionto the Israeli-Palestinian conflict andthe uirion of ajust anddignifiedpeice nearly impossible achieve. to Indeed'the passage time is only fuither compounding complicatingthe illegal and of and gravesituationthat is being created the wall in the Occupied by Palestinian Teriitory, injuding in particular in and around OccupiedEast Jerusalem. Each day that passeswithout action exacerbates situation. Yet the passage time and the continuedcreationof such the of unlawful facts on the ground in no way diminiih Israel's responsibilityfor the illegal actions it is committing and in no way diminish the applicability of iniernational law. The Hague Convention,the Fourth GenevaConvention,the IntemationalHuman Rights Covenants, ihe United NationsCharterand the rules andprinciplesenshrined therein,U.N. resolutions the and Advisory Opinion all remain relevantand are all applicableto the situationin the Occupied Palestinian Territory. Moreover,the passage time doesnot absolveMember States their of of responsibilities upholdinternational andto ensure respect to law its underall circumstances. is It high time then that the internationalcommunity come togetherto make the bold decisions neededfor bold action to uphold their legal obligationsto rectiff this unlawful and *juri situation. Israel,the occupyingPower,must comply - or be compelledto comply - with its legal obligationsunder internationallaw, as determin.a Uy the ICJ in its Advisory opinion and as demanded this very Assemblyin resolution by ES-10/i5 andnumerous otherresolutions adopted thereafter.Accordingly,Israelmust cease of its violationsandgravebreaches international all of law, and it must thus,inter olia, cease immediatelyits construction the wall in the Occupied of Palestinian Territory, including in and aroundEast Jerusalem, dismantlethe structurealready built therein,repealor renderineffectiveall legislativeand regulatoryactsrelating theretoand makereparation of the damage for caused thJ construction th, *ull. by of MadamPresident, Bearing all of that in mind, we meet today in this resumedtenth emergency special session address aspectof the situationarisingfrom Israel'sunlawful construction to one of the wall, namelythe matterof reparations be madeby Israel,the occupyingpower, in to conformity with intemationallaw, for all of the damages is causingby its cotrstruJtion the it of wall in the occupiedPalestinian Territory,includingEastJerusalem. this regard,we recallin specificthe In request madeby this Assembly resolution in ES-10/15 the Secietary-General establish for to a registerof damage caused all naturalor legalpersons to concerned connection in with paragraphs 152and153of theAdvisoryOpinion. Pursuant that request, Secretary-General to the submiued report,on 17 October2006,to a the Assemblyfor its consideration. express appreciation the Secretary-General We our to for the report,which formedthe basisof currentdiscussions-and basisof the draft resolution the before the Assemblyfor action on the long-awaited establishment the "(JnitedNationsRegisterof of Dam17ecausedby the Construction the Wall in the Occupiedpalestinian of Territory,,. As stated earlier,the damage is beingcaused Israel,the occupying that power,by its construction by

of the wall in the OccupiedPalestinian Territory, including East Jerusalem, severe, is vast and continuous, the establishment a Register Damage therefore and of of is vital for the fulfillment of the legal obligationto make reparations, includingrestitutionand compensation, all of the for damage that is beingcaused the construction the wall andits associated by of regime. In this connection, must recall the relevantdeterminations we made by the ICJ in its Advisory Opinion in particularin paragraphs 152, 153 and 163 (c). The Court's words are precise, clearand indisputable.In paragraph (c) of the dispositif,ihe Co,rttfirmly concluded 163 that "Israel is under an obligation to makereparotionfor all damagecausedby the ionstruction of the wall in the Occupied Palestinian Territory,includingin and iround EastJerusalem',. The Court basedthis determination the fact that the constructionof the wall had on unquestionably entailed,inter alia, the requisitionand destructionof homes,businesses and agriculturalholdingsaswell asvariousotherkindsof damage lossfor the Palestinian and people. Therefore, accordance in with the rulesand principlesof intemationallaw, Israelis obligatedto make reparationfor the damage caused and, as explainedin paragraph152and established in "that reparation customary law, it must be emphasized must,asfar aspossible,wipe out all the consequences the illegal act and reestablish situationwhich *ould, in all probability, have of the qct had not beencommitted.Restitution kind, or, if this is notpossible, existed that if in payment of a sumcorresponding thevaluewhichrestitutionin kind woulclbear..." to Thus the Court determinedthat "Israel is accordingly under an obligation to return the land, orchards, olive groves and other immovable proprity seized from alnynatural or legal personfor thepurposesof the construction the walt ii the Occupiid PalesiinianTerritory. In of the eventthat suchrestitutionshouldprove to be materiallyimpoisible,Israel has an ob1{ation to,compensate personsin questionforthe damage the sufered. The Court considers thatlsrael also has an obligation to compensate, accordantt wiih the applicablerules of international in law, all natural or legal personshaving sufferedanyform of mitirtal damageas a result of the " wall's construction. $tara.l 53) The ultimate purpose of the Register of Damage is, therefore, the comprehensive documentation in the form of registration, verificationand assessment of all of the damage that hasbeenand continues be caused the construction the wall for utilization whentf,e to by of time arrivesthat Israel,.the occupying Power,is to carry out the process reparation it must of that makein compliance with its legalobligations.The acturateundthoroughdocumentation the of damagecausedis a centralprerequisite the genuinegrantingof replations, including both for restitutionand compensation, the Palestinian to peoplewho ha'te suffired so much and whose rights have been so gravely breachedby Israel'sionstruction of the wall in the Occupied Palestinian Territory,includingEastJerusalem. MadamPresident, The draft resolutionbefore the Assemblymandates establishment the United the of Nations Register of Damage and defines the institutional framework required for its establishment and maintenance and the responsibilities be undertakenby th" secretariat, to

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namely the office of the Registerof Damage,in this regard. The office of the Registerof Damageshall be a subsidiary -b" of the Ge-neral organ Assemb'iy, fi.rnctioningunder authorityof the the-Secretary-General, will and ,ompored of a three-member Board, an ExecutiveDirector and a secretariat staff which will be basedin the site of the united Nations office at vienna. The draft resolutionbeforethe Assemblydetailsthe important functionsto be assumed the by secretariat, which I wish to referto herein brief. In terms of the Board of the office of the Registerof Damage, we look forward to an announcement the Secretary-General.regardingiames by the of the ,*didut , to be appointed -the to the three-member independent Board uJry n.u. future following the adoption of the _in resolution' The candidates must be independent, lbjective, knowledgeable, experienced of and the.highest integrity for the Board is to assume oveiall responsibilityfor the establishment and maintenance the Register Damage will alsobe functioningi" of of and u3"a.iul capacityasit is the Board who will havethe ultimateauthorityto determine the iiclusion of damage claimsin theRegister. Moreover'the Board will havethe importanttask of determining the for damageclaims as well as the criteria or aamage*o tn, procedure-for eligibility criteria ttre registrationof claims,which shouldinclude,inter alia,documentatLnof the damage losscaused or verification and assessment valueat alater stage. we stress of that it is imperatlvetrrai-in developing these criteria,the Boardbe guidedby the relev-ant findingsoith. Adviryry opinion, general principles of international law.andthe principlesof du. pro"Js oiiu*. Additionally, the Boardshould,as necessary' engage expertiseof specialists, the including,- exampb, in i*a taw, agriculfur;, for topography, verification,assessment compensationl'in and order to "rr*. the effectiveness of the overallregistration process of theRegister and itself. Here,I wish to refer to the importance that Palestine placeson the matterof verification and assessment damageas an iniegral part of the registration of process. we believe that verification and assessment damage indispensable of ire stepsin the process and it is essential and preferablethat they be undertafenas soon as possible since the ,rrJ pu.pore of such a Registerof Damageis for the making of reparations, including restitutionand compensation, Yltth clearly requiresverification *i urrrrrment. Therefore,logically and for the sakeof efficiency of labor and resources, verification and the assessment damages of causedby the construction the wall in the occupied Palestinian of Tenitoryl ir"irairg-g^tri Jerusalem, should be carriedout in tandemwith the coilectionof damage claimsand not postponed a later date, to which may complicate bothprocedures. This bringsme to the role of the secretariat the of of 9ffi9e of the Register Damage.As detailedin the draft resolution, secretariat, the which will be led by an ExecutiveDirector,who we hope will be speedily appointed,will provid. ,ubrt*tive, administrativeand technical supportfor the establishment maintenanciof the and Register. This will includesuchfunctions as administering public awareness a programto inform tie Palestinian public aboutthe Register of Damage aboutitl qurRo;e, requirl*"ntr_ror niing-u the ou,nug"claim andtheprocedures for filling out and submittingclaim forms - as well as recelving and-p^rocessing of the damage all claimsfor submission throughthe ExecutiveDirectorto the board for incluJion in the Register, and aggregating maintainingthe recordsregistereo and in ttre Registerof Damagein both hard

and electronicforms. In this regard,we stressour belief that the processof registrationfor programand outreach will be responsible beginningwith the awareness which the secretariat claims - requires a field and throughout the processof receiving, veriffing and assessing presence the Occupied in Palestinian in Territory,includingEastJerusalem, orderto effectively be carriedout. In this connection, cooperation the UnitedNationsagencies officesfunctioning the of and in the OccupiedPalestinian Territory, including East Jerusalem vital. Those agencies is and offices, including, for example, OCHA, UNSCO, LINDP, and IJNRWA have extensive experience the groundand detailedknowledgeaboutthe wall, its route and its impacton the on people in variousfields, including with regardto damages Palestinian and financial and other lossesinflicted by it. They shouldtherefore lend their supportand expertise the office of the to Register Damageasneeded.Not only would suchcooperation of facilitatethe work of the office of the Registerof Damage, it would also clearly be costeffectivefor the United Nationsto but utilize its resources alreadypresent the ground. on At thg sametime, we express stronghopethat Israel,the occupyingPower,will, as our called for in the draft resolution,cooperate with the office of the Registerof Damage. Israel should respect the United Nations Charter and the U.N. Convention on Privileges and Immunitiesand it shouldnot in any way impedeor obstruct work of the ofhce of the Register the of Damage the movement access its staff. On our part,the Palestinian or and of Authority stands ready to cooperatewith the office of the Registerof Damageto the fullest extent and will encourage relevantPalestinian the institutions do so aswell. to MadamPresident, The Registerof Damageshould remain open for registrationfor the duration of the existenceof the wall in the OccupiedPalestinianTerritory, including in and around East Jerusalem.Similarly,the office of the Register Damage of shouldremainactivefor the duration process of the registration and shouldcarry out the functionsand directivesascribed it in the to resolutionand any suchadditionalfunctionsasmay be deemed necessary appropriate the and by Board or by the GeneralAssembly. Indeed,as long as the wall exists,it is unquestionable that peoplewill continueto suffer from the damages lossesit is inflicting upon the Palestinian and them. The Registermust thus remainin existence until the construction the wall is totally of ceased, wall is dismantled reparations properlymadeby Israel,the occupying the and are Power, in conformitywith the rulesandprinciplesof international and dueprocess law, for all of law of the damageand loss it has caused the construction the wall in the OccupiedPalestinian by of Territory,includingEastJerusalem. Before concluding,I wish to emphasize fact that the making of reparations in the the form of restitutionandcompensation doesnot absolve Israel,the occupyingPower,of its legal obligationsto cease construction the wall andthe associated its of regime,to dismantle wall, the and to repealor renderineflectiveall legislativeand regulatoryactsrelatedthereto. Israelmust terminate its breachesof intemational law, including intemational humanitarian law particularlythe 4thGenevaConvention and humanrights law. Israel cannotcontinueto act

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with impunity, in total and flagrantdisrespect international for law, United Nationsresolutions and the Advisory Opinion of the International Court of Justice. The international communitv must hold Israel accountablefor its illegal actions in the Occupied PalestinianTerritory, includingEastJerusalem, compelit to bring all suchactions arrimmediate and to end. MadamPresident, It is our deepest hopethat the draft resolutionbeforethe General Assemblytodaywill be adopted an overwhelming by majority. It deserves strongsupportof Membei States the the for establishment the "UnitedNationsRegister Damagecaised-bythe Construction the Wall of of of in the Occupied PalestinianTerritory".It is an extremelyimportantundertaking, neclssaryfor the fulfillment of the legal obligationfor reparations be madeto the Palestinian to people,who are suffering greatly as a result of the constructionof the wall and are pleading wit-h the intemational community for help to bring an end to this grave injustice. Moreover, the establishment this Registerof Damageis in line with the permanlnt responsibilityof the of United Nations towards the question of Palestineuntil it is resolved in utt its aspectsin accordance with international law. The crisis of the wall in the Occupied Palestinian Territory, including East Jerusalem, undoubtedlybecomeone of the core issuesof the questionoi has Palestine that must bejustly resolvedin orderfor our long-heldaspirations a just andlasting for peace become reality. to a Thankyou, MadamPresident.