ICRC challenges legality of Israel’s wall

Israel says it is building the wall to protect its citizens from Palestinian attacks Keystone

The International Committee of the Red Cross (ICRC) has called on Israel to halt the planning and construction of its controversial security barrier in the West Bank.

The Geneva-based organisation says the wall is in violation of international humanitarian law because it crosses into Palestinian territory.

A spokesman for the ICRC, Florian Westphal, said the neutral, Swiss-run agency had decided to take a formal position on the issue in order to draw public attention to the worsening humanitarian situation in the region.

“The humanitarian consequences of the barrier have been quite serious for many Palestinians,” Westphal told swissinfo.

“They are being deprived of adequate access to basic services like water, health care, education and income-earning opportunities, like farmland and employment.”

He added that the ICRC’s statement was in no way influenced by recent calls from the Swiss government that the legality of the barrier be judged by the International Court of Justice.

Suicide bombers

The Israeli government says the West Bank Barrier – a network of metal fences and concrete walls – is designed to keep suicide bombers out of Israel.

But the ICRC objects to the deviation of its route from the so-called “Green Line” – the pre-1967 border between Israel and the West Bank, which was part of Jordan at the time of the Six Day War.

The agency also says scheduled crossing times along the fence’s check points are not being fully observed and that emergency vehicles, in particular, are having a hard time getting through.

“The Palestinian communities situated between the ‘Green Line’ and the barrier are effectively cut off from the Palestinian society to which they belong,” the ICRC said in a statement.

Occupation

It added that the humanitarian impact of the wall demonstrated that it ran “counter to Israel’s obligation under international humanitarian law to ensure the humane treatment and well being of the civilian population living under its occupation”.

According to Westphal, the Israeli government was repeatedly made aware of the ICRC’s legal and humanitarian concerns and was warned about the organisation’s intention to take a public stance on the matter.

“They took note of our concerns and I think it’s fair to say they disagree,” Westphal told swissinfo. “But we hope that there will be a further chance for bilateral dialogue.

“There are also different opinions on this issue within the Israeli cabinet… and we do believe there’s room for the necessary changes to be made,” he added.

Israel’s negative reaction was echoed by the country’s ambassador in Geneva, Yaakov Levy, who said there was a danger that the ICRC’s statement would be “turned into a political tool against Israel’s measures of self defence”.

Right to protection

Westphal said the ICRC had always recognised Israel’s right to protect its population.

He also pointed out that the humanitarian organisation had repeatedly condemned deliberate attacks on Israeli civilians as a violation of the law.

But Westphal insisted that any security measures must be taken within the framework of the Geneva Conventions, which outline the rules of occupation and form the backbone of international humanitarian law.

“A barrier, as such, is not necessarily against the law,” said Westphal. “But under the Geneva Conventions, an occupying power has an obligation to ensure that the population in the occupied territory can lead as normal a life as possible.”

swissinfo, Anna Nelson in Geneva

In brief

The Swiss-run ICRC is the custodian of the Geneva Conventions, which outline the rules of war and occupation and form the backbone of international humanitarian law.

The neutral agency says Israel’s controversial security fence, which aims to keep suicide bombers out of the country, is in violation of these conventions.

According to the ICRC, the barrier’s deviation into Palestinian territory has caused serious humanitarian and legal problems in the region.

As the occupying power in the West Bank, the ICRC says Israel must guarantee Palestinian access to basic services, such as water, health care and education.