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Sub-Commission on the Promotion and Protection of Human Rights

Fifty - seventh  session (25 July - 12 August 2005) 

Item 5: Prevention of discrimination 

Few days ago was the first anniversary of the ruling of the International Court of Justice on the Wall Barrier erected by Israel on Palestinian territories. The wall was declared illegal and should be removed. One would have expected from Israel, which always boasts of its democracy and respect for the rule of law, to stop further construction and start removing that which has been constructed. One would also have expected members of the United Nations and its organs to have moved immediately to secure compliance with the ruling of the WORLD COURT particularly since the ruling was requested by the vast majority of members of the Organization.

However, these expectations did not materialize. Israel continued construction of the wall and created further challenges to the rule of law and world peace by extending the wall to Jerusalem. The Security Council has treated any change to the status of Jerusalem to be illegal, the annexation of Jerusalem illegal, and demanded from Israel to rescind all actions taken by it in that respect. Israel, thanks to US veto power in the Security Council, has continued to defy the resolutions of the Security Council, the Resolutions of the General Assembly, and now the ruling of the International Court of Justice. Yet Israel is still a member of the United Nations and looked upon as a democracy, which respects the rule of law and allowed to persist in its violation of the rights of the Palestinian people and of the Charter of the United Nations. It is still allowed to violate international humanitarian law and the Geneva Conventions with impunity, and the other parties to these Conventions still fail to take any action in discharge of their obligation under the Conventions to ensure respect for their provisions.

The double standard applied by some members of the international community through the United Nations regarding the enforcement of resolutions of that body and respect for its Charter are seriously affecting the credibility of that organization, and, of course, the credibility of those states who have drawn the United Nations into that course. The result of this for everyone to see and suffer.

It is high time that one standard is rigorously applied: respect for the rule of law by all, respect for the Charter of the United Nations and resolutions of its organs by all, and no discrimination.

EAFORD calls upon the members of the Sub-commission and nongovernmental organizations to draw the attention of the international community to all issues raised in this statement, especially the rulings of the International Court of Justice in order for the states to take seriously their human rights obligations.



5 August 2005