Wall and Jerusalem

East Jerusalem: Exploiting Instability to Deepen the Occupation

Since Israel’s illegal annexation of East Jerusalem following its occupation in 1967, Israel has implemented a comprehensive policy to deepen its control over the city by weakening Palestinian presence and ties there. This includes removing the Palestinian population, either through actively revoking residency and property rights, or by creating conditions that force Palestinians to leave East Jerusalem, including through the suppression of Palestinian political, economic, social, and cultural life. At the same time, Israel endeavors to increase and fortify the Israeli Jewish presence in East Jerusalem through the expansion of illegal settlements.

The Jerusalem Trap

When Israel’s construction of the Annexation Wall (the Wall) began in 2002, it quickly became apparent that the planned route did not follow the 1967 ‘Green Line’, and that its purpose was to illegally annex areas of the West Bank, including East Jerusalem. The International Court of Justice confirmed the illegality of this policy in 2004.
This report seeks to highlight the various factors that are currently inducing some Palestinian residents of East Jerusalem to move to areas on the eastern side of the Wall. It will further outline the potential risks that these residents face with respect to unilateral changes Israel may make to the municipal boundaries of East Jerusalem.

The Annexation Wall and its Associated Regime

Since June 2002, Israel has been constructing what Professor John Dugard, former UN Special Rapporteur Special apporteur on the situation of human rights in the Palestinian territories occupied since 1967, has termed “the Annexation Wall.” From the outset, the Wall building exercise has faced international condemnation on the basis of its illegality under international law. Approximately 87 percent of the Wall will be built on occupied territory. This is also in violation of the commitment Israel made during the 1995 Interim Agreement on the West Bank and the 3 Gaza Strip that “neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status 4 negotiation.” The construction of the Wall in the Occupied Palestinian Territory (OPT) and its associated regime, is having a devastating impact upon the fundamental human rights of the Palestinian population in the occupied territory.

The Wall in the West Bank

The purpose of this written brief is to demonstrate the non-implementation of the International Court of Justice’s Advisory Opinion of 9 July 2004, more than two years after it was rendered. The brief will recall the Court’s authoritative interpretation of international law and its rejection by Israeli authorities, demonstrate the continuing relevance of illegal Israeli settlements in the occupied West Bank for the question of the Wall, show the connection between the Wall and the annexation of Palestinian land, including the “invisible Wall” along the Jordan Valley, and recall the obligations of the international community with regard to the Wall.

The UN Register of Damage for the Wall

Al-Haq’s Legal Analysis of the Proposal of the Secretary-General On 9 July 2004, the International Court of Justice issued an Advisory Opinion (ICJ AO) finding Israel’s construction of a Wall in the Occupied Palestinian Territory (OPT), including in and around East Jerusalem, to be in violation of international law. On 2 August 2004, the UN General Assembly requested “the Secretary-General to establish a register of damage caused to all natural or legal persons concerned in connection with paragraphs 152 and 153 of the advisory opinion.” On 17 October 2006, the UN Secretary-General submitted a report proposing an institutional framework for the Register of Damage (hereinafter “Secretary-General’s Report”). The present brief evaluates selected points of that proposal.

Building Walls, Breaking Communities: The Impact of the Annexation Wall on East Jerusalem Palestinians

SecuriBuilding.Walls.Breaking.Communitiesng control over the entirety of Jerusalem has been a persistent objective of Israel’s occupation of the West Bank. However, with the beginning of the Oslo process, the Israeli authorities intensified already substantial efforts to isolate and consolidate control over annexed East Jerusalem and its surroundings. Initially this isolation was pursued through the imposition of severe movement restrictions, including the requirement that those Palestinians without East Jerusalem identity cards obtain a special permit to enter East Jerusalem.

The Impact of the Annexation Wall Around al-Sheikh Sa’d/Jabal al-Mukabber

This publication analyses the impact of the Annexation Wall on al-Sheikh Sa'd, an area of Jabal al-Mukabber, a large southern Jerusalem town occupied in 1967. Those in al-Sheikh Sa'd are considered West Bank residents, while those in Jabal al-Mukabber have Jerusalem identity cards. The situation has been exacerbated by the planned construction of the Annexation Wall, which will separate al-Sheikh Sa'd residents from their families, land and jobs.

The International Court of Justice and the Annexation Wall: Replacing Politics With Law

This paper, released the day that the International Court of Justice began its hearings for the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, provides a legal analysis of the Annexation Wall under international human rights and humanitarian law. It addresses the impact of the Wall on such legal issues as the prohibition of property destruction; freedom of movement; the rights to work, health, education and self-determination; and the prohibition of annexation of territory.

In Focus: Annexation Wall

This In Focus brief, drafted as part of Al-Haq's campaign to stop collective punishment against Palestinians in the Occupied Palestinian Territories (OPT), addresses the legality of the Annexation Wall. It gives an overview of Israeli practices in the OPT and relevant international legal standards such as freedom of movement and the rights to work, education, health and self-determination, as well as the prohibition of the acquisition of territory by force.

Jerusalem: Its Legal Status and the Possibility of a Durable Settlement

This report addresses the issue of Jerusalem, arguably the most significant and difficult part of the permanent status negotiations because of its profound resonance with both Israelis and Palestinians. The paper considers the legal status of Jerusalem in light of international resolutions and peace treaties signed between Palestinians and Israelis, and Israeli policies regarding Jerusalem, finally presenting scenarios for the equitable settlement of the Jerusalem issue.

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