July 9th not only marks the 8th anniversary of the Palestinian call for boycott, divestment and sanctions, but also the 9th anniversary of the International Court of Justice’s (ICJ) Advisory Opinion that found the Israeli construction of the Separation Wall in the occupied territories to be illegal. In that opinion the ICJ called on Israel to 1.) stop the construction of the wall in the occupied West Bank, including East Jerusalem; 2.) dismantle the structure built in the occupied territories; and 3.) make reparations for all damage caused by the wall’s construction.
The BDS call was in fact issued a year to the day of the ICJ opinon as a call for accountibilty in the face of inaction on the court’s recommendations. The official BDS call begins, “One year after the historic Advisory Opinion of the International Court of Justice (ICJ) which found Israel’s Wall built on occupied Palestinian territory to be illegal; Israel continues its construction of the colonial Wall with total disregard to the Court’s decision.” Nine years later, of course, the Wall continues to stand and Israel continues to evade official accountability.
To mark the anniversary, the UNRWA has published the stories of two Palestinian refugee families impacted by the Wall. UNRWA explains, “These families are both experiencing dispossession and compromised freedom of movement. Their stories highlight the day-to-day impact on Palestinians of Israel’s ongoing refusal to comply with the ICJ ruling.”
From “The International Court of Justice Advisory Opinion on the Wall – Nine Years Later“:
The Nijim family in Qatanna
The Nijim family has lived in their home on the outskirts of the village of Qatanna since 1967. Qatanna is one of the eight Palestinian villages comprising the ‘Biddu enclave’ in the oPt and surrounded to the north, east and west by the Barrier. Following the construction of the Barrier, the Nijim family found itself located on the ‘Israeli side’ of the Barrier, encircled on three sides and isolated from the rest of the village, and living in the “Seam Zone”. The ‘Seam Zone’ refers to West bank territory that is located between the 1949 Armistice Line (or “Green Line”) and the Barrier. Because they live in the Seam Zone, every member of the Nijim family is required to obtain permits from the Israeli authorities in order to reside in their own home.
In 2009, the Israeli authorities built an ‘enclosed,’ gated concrete bridge over the Barrier’s patrol road to allow the family access to the ‘West Bank side’ of the Barrier. Until 2011, the Nijim family held the key to the gate that locked them onto their property. However, that year, without any warning, the authorities replaced the lock with an electronic surveillance system, complete with five video cameras and an intercom system. Now, every entry and exit from the Nijim property is controlled remotely by the Israeli Border Police. On many occasions, the family is stuck waiting for hours for the Border Police to open the gate.
The isolation of the Nijim family has had significant impact on their daily lives. Because access to their home is prohibited by the Israeli authorities to anyone other than the 18 primary inhabitants, they are not able to celebrate even the most important of events, such as family weddings, in their home. With the holy month of Ramadan approaching, the family will once again be unable to host guests. Furthermore, their ability to come and go depends on the whims of the remote operators of the electronic gate that controls access to their home. In light of the access constraints, when the press team tried to interview the family, it could only do so by phone.
“We will remain here and keep fighting through the difficulties we face until the end,” asserts Mr Nijim when asked how much longer he believes he can live through these restrictions on his family’s movement. “My home has become a group prison for me and my family, but we are not going anywhere.”
The Hajajeh family in Al Walaja
The story of Omar Hajajeh of Al Walaja, a village between Jerusalem and Bethlehem, adds a counterpoint to that of the Nijim family in Qatanna. Mr Hajajeh, his wife and their three children are living in a house located along the route of the Barrier. Once the construction of the Barrier has been completed, the Hajajehs’ house will be completely isolated from Al Walaja. The only access point for the family between their home and the village will be through the tunnel built under the Barrier by the Israeli authorities.
The family has recently been told that a gate will be constructed to allow them access to their home. Mr Hajajeh fears that the introduction of a gate will further diminish his freedom of movement and increase his isolation from his ancestral lands. As with the Nijim family, access to and from the house will be completely in the control of the Israeli authorities. Once the construction of the gate is complete, the family’s guests will have to coordinate their visit with the Israeli authorities some 12 hours in advance of their arrival. Furthermore, no one other than the primary inhabitants of the Hajajeh house will be allowed by the Israeli authorities to stay in their household overnight.
Although construction of the Barrier was halted for several months, work resumed from April 2010 until early 2013 on the eastern, northern and western sides of Al Walaja. The Barrier is now in its final stages of construction.
Israel and Jewish colonialism do what they want because they have the US backing them.
Laws don’t matter. Just what’s good for the Jews.
Those are sad stories without a doubt. And yet for some reason the Palestinians believe that the far more difficult task of dividing Jerusalem is a plan.
So very much that Zionist Israel does is ‘illegal’ and ‘immoral’.
They get away with it & thumb their collective noses at the world. I think that the statute of limitations on ‘eternal victim hood’ is long over. For some surreal, unknowable reason it almost seems that they relish creating enemies, instead of making peace, allies and a more just world.
While a moral victory, the ICJ issued no more than an advisory opinion as it has no jurisdiction in the case. And of course it has no ability to force anyone to do anything even if it gives out a ruling unless states decide to act on its behalf, as the Nicaragua case proves. So I wouldn’t hold my breath waiting.
An Israeli apologist will surely be along soon to tell us the ICJ passed a non-binding opinion and Israel can ignore it. Quite true of all opinions. Including the opinions of Israeli apologists.
However Israel still has a legal obligation to abide by the binding Laws, UN Charter and Conventions the court cited. They don’t disappear just because the ICJ only gave an opinion.
Likewise UNSC Chapt VI resolutions are in themselves non-binding. However the Laws, UN Charter and relative Conventions re-affirmed, emphasized and otherwise cited in Chapter VI resolutions are binding.