موقف القانون الدولي من الجدار العازل

Abstract

The idea of construction the separation wall in the modern Palestinian land was not modern as claimed by the leaders of the Zionist entity, but that idea dug deep into the Zionist thought since its inception .. It is what was written by Theodor Herzl in his book "The Jewish State" who's counting stone contemporary Zionism has confirmed that the Jewish state in Palestine will be European part of the fence in front of Asia. After more than a hundred years, the body of Sharon's wall full embodiment of this vision. The importance of this study lies in shedding the light on the cause of the most serious cases on the rights of the Palestinian people to self-determination and to build an independent state since the wall charges a lot of Palestinian land and destroyed a lot of buildings and property and hindered the movement of people and disrupted the educational process in some Palestinian areas ... and this is the Zionist entity has violated international conventions which prohibit such actions as well as this study has developed a vision the future of what was issued by the International Court of Justice on the wall ... I study resolved to answer questions related to the competence of the international Court of Justice to consider this issue and the extent of the application of the law international humanitarian and human rights law in the occupied Palestinian territories, particularly with regard to the wall. In order to achieve the objectives of this study in an attempt to answer its questions have been her plan included three chapters and a conclusion and the main conclusions and recommendations reached situation In the first study deals with the historical roots of the wall and the real goals of Zionism from its construction and full specifications him and regions through which the land areas that looted the residence. The second chapter discusses the legal aspect of the construction of the wall and the position of international law and human rights law in addition to the role of the United Nations, particularly the Security Council and the General Assembly and the decisions made on the construction of the wall. The third chapter discusses the role of the International Court of Justice in the Wall case, based on the Opinion issued by the court on its construction in the Palestinian territories, and the political and legal importance of this opinion. The study concluded finale and a number of recommendations emphasized the need to strive for the issuance of decisions designed to take the necessary measures to ensure compliance with the Zionist entity, the decision of the International Court of Justice actions in order to stop him for his work and the pressure on the United States not to use the veto on this issue.