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The Israeli Supreme Court provides a new legal cover on the IOF crimes justifying the construction of the apartheid wall by security necessity

17-09-2005 00:00

The Israeli Supreme Court of Justice ruled today in the case submitted by Mr.
Zahran Younis Mra'aba and others.
The ruling ( HCJ 795/04) for the first time authorizes the construction of the separation wall on the Palestinian Occupied Territories in the pretext of security and protection for the Jewish settlers.
It also demanded the Israeli army to search for alternative paths for the wall to securitize Alfeeh Menshe settlement in the West bank and lessen damage caused to indigenous Palestinians living in its outskirts.
The court ruling reveals its continued legal coverage of the IOF crimes and the Israeli illegal actions under the International Law.
The Advisory Opinion issued by the International Court of Justice on 9 July 2004 outlaws the construction of the wall in the OPT.
It is worth mentioning that the Israeli Court of Justice considered that it is not bound by this Opinion because it did not take the military necessities of the IOF into account.
Thus, the Israeli Court asserted the validity and legality of the wall.
In light the Court's ruling, and according to the text of the Israeli Unilateral Disengagement Plan and the frequent statements by senior officials in the Israeli Government; especially Prime Minister Ariel Sharon in the United Nations, declaring Israel's intention to legalize the construction of the wall, confiscate Palestinian land, and continue the settlement on Palestinian land, the International Community is requested more than any time to fulfill its legal responsibilities and protect Palestinian civilians and their property in the OPT.
Al Mezan Center asserts that the disengagement from Gaza aims to continue the construction of the Wall in the West Bank and to ensure Jewish majority in Jerusalem.
This calls for a more effective intervention by the International Community to ensure respect for the International Law and the principles of justice, which cannot be achieved under the continued dealing with this case on political ground, and to bring to an end the Israeli occupation of OPT towards the achievement of peace and security in the region.
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