Non Alignment Movement To Impose Sanctions on Israel

August 30, 2004

Report, NAM, 20 August 2004 (excerpts)

The Non-Aligned Movement (NAM) called on its member states to bar all products and goods emanating from Israeli settlements at the end of the fourteenth Ministerial Conference of the Non-Alignment Movement (Mid-Term Review) in Durban, South Africa. The call for measures was issued by the Committee on Palestine of the Non-Alignment Movement. The NAM declaration called for its members to "decline entry to Israeli settlers and to impose sanctions against companies and entities involved in the construction of the wall."

"With regard to member states, the ministers called upon them to undertake measures, including by means of legislation, collectively, regionally and individually, to prevent any products of the illegal Israeli settlements from entering their markets," said the declaration. The International Court of Justice, the UN's highest legal body, ruled last month that parts of the Separation Barrier built on occupied Palestinian territory were illegal and should be torn down.

XIV MINISTERIAL CONFERENCE OF THE NON-ALIGNED MOVEMENT (NAM)

DECLARATION ON PALESTINE

1. The Ministers considered the developments regarding the critical issue of the construction by Israel, the occupying Power, of the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem, including the Advisory Proceedings of the International Court of Justice, undertaken pursuant to the request for an advisory opinion from the Court made by the tenth emergency special session of the General Assembly in its resolution ES-10/14 of 8 December 2003. The Ministers welcomed the Advisory Opinion rendered on 9 July 2004 by the International Court of Justice on the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory". The Ministers received the Advisory Opinion with the highest respect, fully accepted the authoritative findings and conclusions of the Court and considered this strong and comprehensive Opinion to represent an historic opportunity for a necessary return to the rule of international law in all efforts to justly and peacefully address the question of Palestine and resolve the Israeli-Palestinian conflict.

2. The Ministers recalled in particular the Court's conclusion that "the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, are contrary to international law". In this regard, the Ministers underscored the Court's findings regarding the violations of international law, including international humanitarian law and human rights law, by Israel, the occupying Power, including, inter alia, the finding that the construction of the wall and its associated regime: create a 'fait accompli' on the ground which would be tantamount to de facto annexation; severely impede the exercise by the Palestinian people of its right to self-determination and therefore violate that right; have led to the destruction or requisition of properties in contravention of relevant provisions of the Hague Regulations and the Fourth Geneva Convention; and violate the Palestinian people's freedom of movement and the right to work, to health, to education and to an adequate standard of living. The Ministers further underscored the Court's conclusion that the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, have been established in breach of international law, and noted the Court's findings regarding the relationship between the route of the Wall and the illegal measures taken by Israel with regard to East Jerusalem and the settlements....

4. The Ministers strongly welcomed the adoption of resolution ES-10/15 on 20 July 2004 by the tenth emergency special session of the General Assembly, in which the Assembly, inter alia, demands that Israel, the occupying Power, comply with its legal obligations as mentioned in the Advisory Opinion and also calls upon all Member States of the United Nations to comply with their legal obligations as mentioned in the Advisory Opinion. The Ministers regarded the overwhelming adoption of this resolution as a first important step by the United Nations in follow-up of the Opinion. The Ministers seized the opportunity to call for respect of and compliance with the Advisory Opinion by Israel, the occupying Power, and by Member States, and expressed their strong hope and conviction that such respect and compliance would positively influence efforts for achieving a peaceful, political settlement of the conflict based on international law.

5. The Ministers, in the meanwhile, took note of the immediate negative response by Israel to the Advisory Opinion and its defiant declarations to continue constructing the wall in the Occupied Palestinian Territory, including East Jerusalem. The Ministers thus called for the following specific actions:

a. At the United Nations, the Ministers called for further measures to be taken, in accordance with operative paragraph 5 of resolution ES-10/15, and also called on the Security Council to fulfill its responsibilities by adopting a clear resolution and undertaking necessary measures in this regard. The Ministers also called on the Secretary-General of the United Nations to expedite the work with regard to the request made by the Assembly in resolution ES-10/15 to establish a register of damages caused by the Wall and to ensure that the positions and documents of the Secretariat are fully consistent with the Advisory Opinion.

b. With regard to Member States, the Ministers called upon them to undertake measures, including by means of legislation, collectively, regionally and individually, to prevent any products of the illegal Israeli settlements from entering their markets consistent with the obligations under International Treaties, to decline entry to Israeli settlers and to impose sanctions against companies and entities involved in the construction of the wall and other illegal activities in the Occupied Palestinian Territory, including East Jerusalem....

6. The Ministers turned their consideration to the overall plight of the Palestinian people and their prolonged struggle to achieve their inalienable rights, including the right to self-determination. The Ministers stressed that the main danger to the realization of the national rights of the Palestinian people and the achievement of the two-State solution is the settler colonialism and the construction of the Wall being carried out by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem....