Statement by
Ambassador Rezlan Ishar Jenie
Permanent Representative of the Republic of Indonesia
to the United Nations
before
the Resumed Tenth Emergency Special Session
on Illegal Israeli Actions in Occupied East Jerusalem
and the Rest of the Occupied Palestinian Territory

New York, 16 July 2004

Mr. President,

We associate ourselves with the statements made by the Chairmen of the Non-Aligned Movement, and the Organization of the Islamic Conference.
Let me also express to you, Mr. President, our appreciation for convening this emergency special session of the General Assembly on the Question of Palestine, to consider the advisory opinion of the International Court of Justice (ICJ), on the legality of Israel's construction of a separation wall. By doing this, you have once again demonstrated your commitment to the cause of peace in the Middle East.

Mr. President,

Last week, the ICJ offered a historic opinion on this issue, categorically declaring Israel's construction of the wall in the Occupied Palestinian Territory illegal, and contrary to international law. It further said that the construction must be ceased and those parts of it in the Occupied Territory dismantled immediately, and that Israel must make reparations for damage caused.

The ICJ, the UN court, made this ruling within its jurisdiction and competence, which it unanimously determined. Its advisory opinion now confirms what most of the world has known from the beginning: that the construction of the wall was illegal, and constitutes a cynical affront to the peace process. It also proved that the action of the same session last December, to refer the matter to the ICJ for its interpretation, was correct. After all, it would be recalled that last October, the General Assembly had demanded that the Israel should stop and reverse the construction.

The advisory opinion also confirms that all the actions of Israel in the occupied Palestinian territory against Palestinians are both outrageous and illegal, and therefore, must be condemned by the international community. It is an important and triumphant achievement for the Palestinian people, whose sufferings have multiplied over the years at the hands of the Israeli military occupation.

This confirmation represents a historic legal, ethical and political weight that Israel ought to respect, and comply with. Further, the ICJ also said that the General Assembly and the Security Council should determine what steps to take to terminate the illegal situation that the construction of the wall has brought about. It is therefore the duty of the international community to ensure that this court's ruling is implemented.

It is in view of this that we are pleased that the General Assembly is meeting in this emergency session today, because it would be wrong to permit the illegality of Israel to continue to stand for even one day more.

To begin with, Mr. President, the General Assembly, which asked the ICJ for its advisory opinion in the first place, should formally recognize and accept the Court's opinion. The General Assembly should now demand of Israel to comply with its legal obligations, as ruled by the ICJ in its advisory opinion, and its responsibility towards the peace process.

Mr. President,

My delegation would like to reiterate that the peace process remains a viable political process. The legal track became a complementary aspect only because of problems that had been created in the political track. It is our hope that all those who genuinely seek peace in the Middle East will see the advisory opinion of the ICJ as an encouragement to return to the road that is headed towards peace.

As we have done many times before, but in particular in view of the advisory opinion offered by the ICJ, my delegation again urges Israel to return to the negotiating table. It is time to bring to a halt all those policies that breed only resentment and tension, rather than peace and progress.

In conclusion, Mr. President, we must commend the ICJ for its hard work and for coming to a wise, comprehensive, and timely decision. My delegation hopes that, following the counsel of the ICJ, the major organs of the United Nations, particularly the General Assembly and the Security Council, will now work towards a comprehensive implementation of the Road Map, the objective of which is two independent and viable States, Israel and Palestine, living side by side within secure, internationally-recognized borders.

Thank you.