International Court of Justice
And the Manifestations of the Advisory Opinion Issued by the Judges of the Court
Thesis Paper
Mohammed Munif Shaheen
ID: UB32607BIN41181
Bachelor Of International Relations
Atlantic International University
AIU
Preface
I have chosen the way of science, study and research, and this is a way for me to study the specialty Bachelor of International Relations at the Atlantic International University.
This university has allowed the freedom to choose a scientific materials through which I can express that globalization and modern freedom of speech and the relations between peoples.
We have shown by offering graduation that if assaulted or robbed his right or his land to get the right man seeks to go to the international force Justice actress judges rule with justice, equality and represent all peoples of the earth even defend the oppressed and abused him and stolen his right message, at least consulted feel the world road the right path.
It was optional graduation main theme of the International Court of Justice message, summed up the message most prominent Activity Court of Justice for issues occurred and taken place in my country Palestine and monologues of the Palestinian people to the Court that the right to appear and upholding the people who was a victim of occupation and offered his land as a gift from the British Mandate to other people and other state name Israel, a gift to the one who does not have to state that does not deserve this gift and robbed of my people and my right to Palestine.
The best way to keep the unjust for the people of the earth to achieve justice, equality and peace is to be assisted by the International Court of Justice
Mohammed Munif Shaheen
Table Of Contents
Preface………………………………………………………………………………2
Introduction to the Court and its activities……………………………………….4
Terms of reference of the International Court of Justice………………………...7
The impact of international humanitarian
law in the International Court of Justice System…………………………………8
International Court of Justice And advisories to conflict parties ………………..9
The separation Barrier in Palestine………………………………………….........9
Impact of the Barrier on education………………………………………….......11
Impact of the Barrier on Health…………………………………………………11
Impact of the Barrier on archaeology……………………………………….......11
Settlements in international law…………………………………………………..12
The right to water…………………………………………………………………..13
Some situations about the International Court………………………………...…17
Bibliography………………………………………………………………………...18
Introduction to the Court and its activities
International Court of Justice headquarters in the Netherlands, specifically in the Peace Palace - The Hague, one of the six United Nations, the Organization of devices which is the highest judicial body in the organization, the only one who does not have an headquarters in New York and the device, the Tribunal was established in 1946, and supported languages has two French and English,
Court system founder constitutes an integral part of the legitimacy of the United Nations, all Member States of the United Nations Organization will automatically recognize the existence of the court.
All member states may resort to the court services created by the League of Nations in advance which held its founding meeting in 1920 it was unseal 1946.
International Court of Justice functions:
The first task is to decide on disputes between nations no threads litigation between states and it was in 1946, this type of case constitutes 80% of the total work of the Court.
The second task is to answer legal questions that exposure before the United Nations Organization and its agencies licensed to do so, such as: issuing opinions (advisory opinions), which constitute 20% of the cases before.
Distinction should be made between the International Court of Justice (the first) and other international courts based in The Hague for the former Yugoslavia, And the International Criminal Court (Second) or the International Criminal Court (Third)
The latter court to try individuals prosecuted on criminal charges earlier and crimes against humanity, the first three courts: the International Court of Justice, and the second: the International Criminal Tribunal for the former Yugoslavia, and the third: the International Criminal Court, the three independent courts entirely from each other.
International Court of Justice since its inception looked at 150 cases, including litigation and consulting together, and the International Court of Justice does not prosecute individuals but resolving disputes between nations, the International Court of Justice is composed of fifteen judges who are elected by the General Assembly and the Security Council belonging to the Organization of the United Nations, and the state for nine years, and the election of five judges every three years and the possibility of re-election of the judge for a new term, we must all judge belongs to a different country and they are independent and the judges do not represent their countries, they perform the following section: "publicly pledge to perform my duties and exercise my authority as a judge with all the honor and devotion, and impartial and in all conscience. "
The judiciary must be a remarkable efficiency in their country and in the field of international law and be practitioners of the profession of the rights and the legal profession.
Authored the court follows the geographical balance of any five seats occupied by judges of Western or Western countries, and three seats from Africa, and three seats from Asia, and two from Eastern Europe, two seats from Latin America,
The arbitrator shall be elected by the judges based on personal qualities with which to take advantage judge of all permanent members of the Security Council.
If the display in front of the court dispute was not a judge of the nationality of the disputing each State shall appoint an ad hoc judge for this type of conflict and those judges who were elected with rights and duties The original judges (judges of the Court).
The Court shall elect a Chairman and Vice him every three years and the important work of the Court President manages and monitors its activities and its organs and the Vice President can place acting president if the president circumstances prevent him from exercising his duties.
The Registrar is elected by the Court for a term of seven years renewable and manages the Registrar a team of more than 150 employees. From the staff around the world, the Court enjoys the independence of administrative, and is the only principal organ of the United Nations and which is not supported by the Secretariat of the Organization.
The first task of the court is to decide on legal disputes between states, and procedures of litigation make up 80% of the activity of the Court, such as the demarcation of land and maritime borders and diplomatic protection, but it is increasingly put international humanitarian law issues, international environmental law, use of force and international responsibility of States, where the Court applied general international law any international conventions and treaties, international custom, general principles of law, all members of the United Nations and the acceding States with the statutes of the Court states can litigation before it, and these countries have the option of choosing the means to resolve the dispute through legal nature, these countries by three ways It can agree to resort to the court.
First, by an agreement it aims to submit the dispute being waged by two or more front the court.
Second, the State must have acceded to an international treaty is higher than the (300) number, which includes recourse to the International Court of Justice condition in the case of a dispute may relate to the interpretation or application of the treaty.
Thirdly filing what is called a unilateral declaration accepting the binding jurisdiction of the Court, that in principle can state which announced the acceptance of the binding jurisdiction of the court that the litigation before the court any other country accepted cram eye.
The State is obliged to appear in court tomorrow either case offered by other state has the approval of the compulsory jurisdiction or that the court consider the invitation brought by the State, by written it calls upon the State complained of them to accept the jurisdiction of the Court Order and if the latter State responded to this request affirmatively then The so-called (Forum Prorogatum) state is committed to appear in court and undertake relevant countries to respect the binding decisions of the Court of the parties in conflict and can be seen that all the court decisions are final and not subject to appeal but if one of the countries rejected the court's decision Tlji to the UN Security Council, and may be for the latter happens In accordance with Article 94 of the UN Charter, the court issued recommendations for the implementation of the resolution and the result is very rare and did not reach the court decisions of this class since its inception over a hundred decision issued by the court.
Court decisions are printed in more than one official copy sealed delivered to each of the contending States, the second task of the Court to answer legal questions that may be posed by some bodies and specialized agencies of the United Nations, and issued in accordance with these procedures advisory opinions, called fatwas, and since 1946 and so far issued Court nearly even 30 opinion, for example, the legal status of Western Sahara or the legality of the threat or use of nuclear weapons was the advisory opinion issued by the Court 2004 on the legal consequences of the construction of the wall in the occupied Palestinian territories of the views that included advertising coverage wider in the history of the court. " The United Nations and specifically the General Assembly and the Security Council considered legal opinion in that searching the new measures to be taken in order to end the situation of illegal resulting from the construction of the wall and order thereto Contrary to the decisions of the advisory opinions issued by the court is not a recipe mandatory as back bodies and specialized agencies the United Nations that asked these views are until it is applied it or not, by their own means.
Taking international organizations and the views of the Consultative Court into account contributes to the development of international law, the court abide by international law for more than 60 years, could not create a new law, but its role is to clarify and interpret the rules of international law, the decisions of the Court took place beyond the countries directly and organizations of the issues involved and the decisions of the court and views Advisory occurred or a direct impact on millions of people in all continents Court contributed to the solution of crises and the normalization of relations between states and activating the negotiating tracks that were frozen through giving legal solutions to disputes and as the court of the judicial organ of the United Nations, the Organization of the Court is a key part of the international mechanism for peacekeeping and these such court receives heads of state visits by high-level figures.
Court can not alone prevent countries from the use of force but because of the recognition of all the UN member states and this is an important tool in peace puberty initial goals to help the United Nations Organization, namely the maintenance of peace and security and strengthened.
Terms of reference of the International Court of Justice
Consider submitted to it from both sides feuding together dispute which does not separate in any case brought by a party alone to another party, conditioned on the court to have the written consent of the parties to the conflict together to bring the issue before it must notify the court officially, what is required of them to decide where exactly , request legal counsel have the right to demand this of the General Assembly of the United Nations and the Security Council only, the actions include blogging stage where discussions parties and sessions will be open to listen exchange in which the Court addresses the advisers,
After discussions trading secret court, the Court issued judgment in open court and be judged final and non-appellant, if you do not comply with one of the countries concerned to the rule, the other party may go to the Security Council.
Be prosecuted in accordance with the international treaties and conventions in force, international custom and general legal rules, and the teachings of experts in international law and judicial rulings additional sources.
Embodies the role of the court in trying to develop a legal system that included binding as customary nature of the character of the Convention and a maximum in character imparted it to the rules of international humanitarian law,
Legality of the threat or use of nuclear weapons is an advisory opinion illustrates that international humanitarian law contains rules relating to the conduct of hostilities and the rules that protect persons under the authority of the adverse party.
Fatwa Court made on the basis of the historical development of humanitarian law.
Creation of a legal group as a result of the interdependence of the Hague and Geneva law with the two Additional Protocols of 1977 to be a legal one group, the International Court of Justice said in respect of the Additional Protocol of 1977 (that all States are bound by those rules when adopted, were merely an expression of customary law that existed before that.)
International Court of Justice Article 38 and pointed item (b) of the Statute (International habits practice accepted as law indicated by the frequency of use).
The impact of international humanitarian law in the International Court of Justice System
Where the International Court of Justice with exposure to many of the principles of international humanitarian law, whether in the provision or in advisory opinions have provided a lot of humanitarian conventions adopted by the United Nations and managed the International Court of Justice to stand out the functions of the international humanitarian law in which disputes brought before it the court and managed the existence of the interest of the international community in respect for international humanitarian law.
Where the court's jurisdiction as compulsory and consider decide in all legal disputes between the opponents in terms of interpretation of the treaty, the issue of international law, the facts show that a breach of international obligation, and compensation resulting from the breach.
The International Court of Justice applied international law in the settlement of disputes, and their decisions based on the judicial powers of the powers issued a mandatory and does not assume a final review and appeal.
The International Court of Justice as well as the judicial mission has another function indicated by the Charter of the United Nations is that they can give a fatwa on any legal question in accordance with certain conditions, and that the court represented role in providing assistance through advisory opinions provided by the General Assembly and to the Security Council .
It can note that the International Court of Justice have contributed to its provisions, and advisory opinions in the development of the rules of international humanitarian law, where the law gave more immunity and susceptibility international response to the changes taking place in the international community.
And where the International Court of Justice has proved it is not permissible prejudice to the rules of international humanitarian law and may not be a departure from its provisions, as long as these principles serve the general interests of the international group.
International Court of Justice And advisories to conflict parties
The separation Barrier in Palestine
International Court of Justice declared that the wall being built by Israel in the occupied West Bank is illegal and this came in the advisory text read by members of the Court in a public hearing (the Court concluded that the construction of the wall constitutes an act not Atabgah with international legal obligations imposed on Israel)
The Court's opinion that the right of Israel's legitimate self-defense does not justify such violations of international law and came in an advisory opinion (that the violations resulting from the barrier's route can not be justified by military requirements and the imperatives of national security or of public order) and the opinion of the judges that Israel must put an end to the violation and immediately stop the work of the wall, the court made an appeal to the General Assembly and to the International Council in order to put an end to the illegal situation resulting from the construction of Israel's wall, and judges added that all States have an obligation not to recognize the illegal situation resulting from the construction of the wall.
The judges of the Court took the decision not to legitimacy of the wall by 14 votes to one vote shows is the voice of US District Judge Thomas Pierre Jintall,
Israel justifies the construction of the wall to prevent terrorists Palestinians to infiltrate into Israel, and where the wall extends more than 700 meters, and penetrates deep into the West Bank and isolate villages, as for the Palestinian National Authority welcomed the official statement of the Advisory Opinion of the International Court of Justice and considered it a victory for the right of international legitimacy and said Palestinian Prime Minister Ahmed Qurei: that this is a historic day in which the decision of the highest international court issued.
White House spokesman Scott McMillan said: We certainly recognize Israel's need to defend itself and protect its people and it is important that also allow the Palestinian people to move freely inside the wall.
European Union (Solana): The European Union understands Israel's right to defend itself against terrorist attacks, said humanitarian and economic suffering caused the wall on the Palestinians.
The Arab League welcomed the opinion shown by the International Court of Justice.
Announced Israeli government spokesman (Daegu Sarenja) that the international community should not contribute to that decision becomes a tool to attack Israel Whereas Article 46 of the Fourth Geneva Conventions on the subject of inadmissibility of the transfer of the civilian population and the wall in violation of this article, and also article 49 which provides for the protection of civilians and private property.
It can be said that the 9% of the land was confiscated for the route of the wall, for information that 87% of the population of the settlements was to include them within the wall was the annexation of Jerusalem annexation of the Jordan Valley and bypass roads and that nearly 46% of the West Bank under Israeli control.
International Court of Justice ruled after months of legal proceedings, including the following:
That the separation barrier Israel is building on Palestinian territory violates international law and calls on the court to remove it and compensate the Palestinians affected and came consultant text "that the construction of the wall in accordance does not match with the international legal obligations imposed on Israel."
Among the violations resulting from the wall listed by the Court:
- Hinder the free movement of Palestinians, impaired their right to work, education, health and the level of a decent life.
- The Court considers that Israel's legitimate right to self-defense does not justify this violation of international law and the resolution calls on Israel to dismantle the wall parts that cause severe damage to the Palestinians.
Court considered that the construction of the wall is illegal and violates international law and Israel must endowment in its construction, and compensate the Palestinians of the damage caused to them.
The decision of the International Court of Justice with respect to the wall is not binding for Israel and almost the reaction of Israel is to reject the decision of the International Court of Justice came the rejection of US support of US President Bush described as only an advisory opinion may not be for the Court to go beyond that.
The impact of the wall on Palestinian citizens
Is the destruction of large areas of Palestinian agricultural land, was confiscated 165 thousand Acres of Palestinian lands.
The estimated area of land that will be forfeited in favor of the 1.6 million acres of the wall when the wall is completed, this work extends from village to village Zabuba tinge south of Qalqilya.
Article 33 of the Fourth Geneva Convention prohibits collective punishment measures taken by the Occupying Power.
Article 12 also guarantees on Civil and Political Rights, the International Covenant, the right to freedom of movement and it is estimated that about a million Palestinians would violate their basic rights and the wall will be forced thousands of them to obtain permits to allow them to continue to live and travel.
For Medicare members residing west of the wall has been forced to change their place of residence and to leave their homes and lands.
Impact of the Barrier on education
Impact of the Barrier in a negative way on the campus of the educational process has a lot of students and teachers to get to their schools that disrupted the educational process.
Including: East Barta'a schools, or basil, Farouk - Jenin School, Schools Nazlat Issa - Eastern bouquet, Tulkarem, Ras Tira School in Qalqilya.
Palestinian Central Bureau of Statistics figures: 3.5% of Palestinians affected by the wall and left their education due to lack of security, and results 81.5% of Palestinians enrolled in higher education taking the alternative routes to reach their universities or colleges, or some of them absent from his college due to the closure.
Impact of the Barrier on Health
Impact of the Barrier on the Palestinians, if it became impossible sometimes access to health centers and hospitals and that there is obstruction of ambulances.
Many Palestinian families can not pay the cost of treatment because of the difficulties in the taxi on the move.
Wells and springs located in the confiscation and isolated region to use water movement of the sons of the existing areas behind the wall and this means that the looting and theft of the huge proportion of water resources and depriving citizens of them Palestinians.
The results indicate that 90.7% of Palestinian households living west of the wall deprived of
visiting parents and relatives, and that 2.6% of Palestinian households Tairt wall and separated from the father.
Impact of the Barrier on archaeology
Signed dozens of archaeological sites victim of annexation, has been named site (Sowaneh Salah) east of the town of Abu Dis, Bilal bin Rabah Mosque, the Islamic cemetery, as well as an archaeological site named gold site north of the city of Jenin Includes Roman ruins.
Isolate the Jericho area on the Dead Sea, isolate old water eyes, and isolate the archaeological ruins in the area of Husan, Khirbet Hammoud, Khirbet saint.
As a result of the reduction of tourism in Bethlehem, thousands of Palestinian families lost economic income, especially 65% of the Palestinian families in Bethlehem, was dependent on income from tourism.
Settlements in international law
It prohibits the occupier resettlement of population in the occupied territories, and emphasized by many resolutions of international legitimacy, both UN Security Council resolutions or the general assembly, and therefore create a fait accompli by force can not really win.
It has issued a set of international resolutions, remember that any recipe calling for repeal of settlement, and the dismantling of settlements, and the following are the main provisions in the laws and international treaties, which prohibits the settlement, and prevent prejudice to civil rights and public property in the occupied country.
Resolutions of the United Nations related
Hague Convention (1907):
State territory is not permissible for her to confiscate private property. Article 46
Occupying state land is planned in the occupied country, and the treatment of the country's territory occupied the same territory for the treatment of Article (55)
Fourth Geneva Convention (1949)
Article (49) shall not be entitled to transfer the authority of the occupation of its citizens to the territories occupied by, or perform any action leading to the demographic change.
Article (53): I do not have the right to force imbalance personal property destroyed or individual or collective ownership of individuals or the State or of any authority in the occupied country..
Has condemned the UN Security Council (5 decisions) condemned the United Nations General Assembly (15 decisions) Israel's policy of settlement, and denounced the lack of commitment to international laws have a group of international legitimacy resolutions
issued to deny any legal status of settlement or sheep and demanding the dismantling of settlements and issued decisions in this regard .
Security Council resolutions:
Resolution 446 of 1979 confirmed that the settlement and the transfer of Israelis population of the Palestinian territories is illegal.
Resolution 452 of 1979 requires a settlement freeze, even in Jerusalem and not to recognize the annexation.
Resolution 465 of 1980 called for the dismantling of settlements.
United Nations General Assembly resolutions:
1. United Nations General Assembly resolution on 20 -12- 1972 General Assembly, which called for Israel to desist from the establishment of settlements in the occupied Arab territories, and to stop the transfer of the civilian population of Israel to the occupied Arab territories.
2. United Nations General Assembly's decision dated 12.15.1972 in which the General Assembly demanded from Israel to desist from any part of the annexation of the occupied Arab territories and to stop establishing settlements in those territories and to stop the transfer of population to the occupied territories.
3. The United Nations General Assembly's decision dated 07.12.1973 in which the expressed United Nations General Assembly expressed concern amounts to breach Israel of the Fourth Geneva Convention of 1949 and taken by Israel to change the occupied territories landmarks and considered it a violation of international law.
4. United Nations General Assembly Resolution on 11/29/1974 the General Assembly expressed its deep concern over Israel's annexation of parts of the occupied territories.
5. United Nations General Assembly Resolution on 15- 12-1951, the General Assembly condemned all actions carried out by Israel in the occupied territories, the General
Assembly described the UN such practices as constituting a serious violation of the Charter of the United Nations and expressed the United Nations General Assembly that these measures are considered not the basis of its legitimacy.
6. United Nations General Assembly's decision dated 10.28.1977, which considers all measures and actions taken by Israel in the occupied Arab territories since 1967 these measures and procedures do not have a legal validity of that.
7. United Nations General Assembly confirmed that the Israeli practices are considered war crimes and an affront to humanity was issued in 1983.
Report of the Secretary General:
Serious business that committed by armed Israeli settlers illegitimate in the occupied territories as the Secretary-General is gravely concerned and is committed by settlers working illegally.
1. Public security is that Israeli settlements in the occupied Palestinian territories are illegal and an obstacle to peace.
2. The Secretary-General calls on Israel to legal application of the Geneva Convention, held on August 12 and that Israel abide scrupulously by the provisions of the Convention.
3. The Secretary-General calls for the complete cessation of settlement construction, especially the settlement of Jabal Abu Ghneim.
4. The Secretary-General emphasized the implementation of Security Council resolution 904 of 1994, which the Security Council of Israel's request to take measures to confiscate weapons in order to prevent illegal acts of violence by Israeli settlers.
The right to water
They can claim to members of the political community of their powers which represents its citizens legally in a region of the world, claim the right to water within the international legal system.
1. water resources which a number of communities share.
2. international rules governing the management of water resources.
3. brief analysis of the situation of the Palestinians and their rights in the water.
4. study and analysis of the activities carried out by the Palestinian National Authority, on the international level, in order to extract the collective recognition of the right to water, and the use of its territory located in water resources.
International law does not contain any explicit formula governing the right of individuals in the water, so do not include any explicit definition of clean water and this situation constitutes a gap in the international legal order, addressed the United Nations Water Conference in Mar de la Plata in Argentina, in 1977, and was the final text of the conference, "everyone has the right to obtain the quantities and quality of drinking water to meet its basic needs."
Concluded the initial phase of international action on water Conference of the United Nations on Environment and Development held in Rio de Janeiro in June 1992, where participants discussed the water issue extensively, and among international initiatives in this regard the Mario Soares Foundation from within the Lisbon group was held This Global Forum in Marrakesh in 1997, and also held in The Hague in 2000.
Was to issue a statement on the water at the World Water Forum in Florinsa in 2003 and in Geneva in 2005, it can be noted that clean drinking water available to the people amounts continues to drop because of the disruption of climate balance and high pollution rate to unprecedented levels and it can be said that nearly 1. 5 billion people have no access to their need of drinking water.
It can be said that a large number of people in poor countries and the numbers are approaching two million children die every year because of lack of drinking water, or because water consumption is safe to drink as the non-pure water caused the spread of 80% of infectious diseases, and lack of clean water leads to a decrease in food production.
Shortage of drinking water, which leads to a decrease in food production and where the spread of disease, and are concentrated in various areas like America Latin, South Africa regions, North Africa and the Middle East, these regions of the world are frequently the spread of disease because these areas have the problem of a lack of clean water and indicate Vindana Shiva (born in Dhrdon, he studied physics at the University of the Punjab in Pakistan and then studied science in 1972 and finished a master's degree in 1974 and worked in Bhab Research Center Ha atomic and then moved to Canada, got a master's degree from the Gulf University in the city of Ontario wrote in the field of agriculture, food and biodiversity biotechnology and genetic engineering were against progress in agricultural development through genetic engineering)
That regional disputes arise for the control of water resources to develop such disputes into violent forms because of the absence of the Legal Committee and regional and international institutions.
Italian legal scholar Luigi Julie Vieira can say is supposed to be multilateral agreements provide for the recognition of the right to water as one of the important rights contained in the international legal order.
The right to water has the inherent right to life enshrined in Article 3 of the Universal Declaration of Human Rights adopted by the United Nations in 1948, and because the practice requires that the water in different uses, whether for food purposes or for the purposes of hygiene is an indispensable element for the survival sex humanitarian.
The right to water is one of the conclusions of the crisis, international documents issued by the United Nations General Assembly.
Article 6 of the Covenant on Civil and Political Rights, the International Covenant, signed on this text and endorsed by 130 countries, including Israel, that the right to life of every human being has the inherent right and the law that protects this right.
Article 5 (on Economic, Social and Cultural Rights and the International Covenant) and declares that the right of all peoples to dispose of their natural wealth and resources
Pure drinking water need of basic human needs is essential for food and for health and agriculture 0.1% of the amount of water available in nature is the intake of man, which is a rare and vital source, there are international companies based on the extraction of water and the exploitation of these resources and dispose of them as a commercial commodity Contrary to what commented upon Ruyigi Vieira Julie that water a social right has the global water movement Foundation allocated to restructure the distribution of water and to ensure the quality and purity and reduce the price of water financial resources in addition to the elimination of all Oscal drinking water converter to be used for other purposes such as hygiene, and become a commodity by traders, this is the view of the movement of water Foundation in 2004,
As for the rights of Palestinian citizens in access to water they have come under Palestinian water sources to gross violations.
An attempt was made to determine this natural right of legal terms and the right to look at this as a social service made this service to all citizens in the consumption of a certain amount (40 liters a day per person) for free and represents the minimum consumption,
As regards the maximum consumption is 130 liters, impose financial penalties on the use of more than quotas.
It issued an international committee headed by Mario Suarez, the former president of Portugal, a draft statement. In September 1948 four main ideas: the statement says that the water source of life can not be replaced as well is a necessary commodity with the participation of all inhabitants of the earth and the water can be regarded as a legacy of the legacy of humanity and is not a viable commodity for trading, marketing, and must ensure the right to access to water for all members of society without discrimination.
Water management requires control by the institutions of participatory democracy must be established parliaments specializes in water issues at the international level and launch campaigns to raise global awareness and the creation of an international body to monitor water rights.
Israel annexed 78% of the territory which was under British mandate has been the Israeli authorities to extract huge amounts of Palestinian water resources (water western basin in the West Bank) and the Israeli occupation authorities under the Military Order No. 92 of 1967 to impose restrictions on Palestinians using the construction of any infrastructure related to water or ownership or management and have been solved Israeli company Water
Mekorot replace military power along over the occupation of the West Bank and the authorities did not issue the Israeli occupation only
A small number of permits for Palestinians in this area of water and did not allow Palestinians to drill wells depth of over 140 m, while
Israelis can dig wells per depth of which up to 800 m and is known that the individual Israeli consumes 370 m3 per year while the average Palestinian citizen consumption ranges between 107-156 m 3, As for the settlers to Jewish settlers consumption rate ranges from water between 640-1480 m 3 of settlers per year, and learned of the lands farmed by Palestinians area (used by Palestinians in the area of agriculture) in the West Bank accounted for only 5% of total agricultural land (the legacy of the British Mandate) rate of agricultural land which Israeli settlers can be used and approximately 70% of the total agricultural land, And aware that Israel is not in the process of consultation and discussion with the Palestinian authorities and take unilateral decisions and the pump accounted for 25.3% of the water needs of the Baths, the West Bank, which were previously under the British Mandate, as the Israelis were exploiting 85% of Palestinian interests in water Jordan River and Yarmouk River.
He is also the Israeli authorities to pump water from Lake Tiberias by the (Israeli national water pipe), a huge pipeline stretching from the Sea of Galilee to the Negev desert, leading to a decline in Olney amount of water supplied Jordan River and aware that under international humanitarian law set up by Mnizh The Hague in 1907 and the Convention Fourth Geneva Convention of 1949 that he did not possess the occupying Power sovereign rights over the territory it occupies and its natural resources.
Some situations about the International Court
Where the International Court of Justice since its inception has issued 78 ruling in disputes concerning many of the issues, but there taking the sockets on the work of the Court in terms of the contradiction in the judgment exonerating Serbia in legal issue arising from it toward the Muslims of Bosnia and Herzegovina and the crime of genocide recognized by the court, but the court restored the acquittal of Serbia on the grounds that those responsible for the crime have described elements of the Serbian army and that the crime did not take place on Serbian land and that Serbia as a state does not take responsibility in the opinion of the International Court and this opinion when many of the policy and a few law.
Bibliography
Court of Justice and the International Criminal
Legal study - political
Dr. Adel Hamza Osman
The impact of the wall on the Palestinians
Official Records of the Security Council, Forty-eighth Year
Extension in October, November and Desimbr 1993
Official documents of the Security Council, Fifty-second Year
April, May, June 1997 Supplement
The United Nations Treaty Series, Vol. 75, No. 9 +3
Garnegie Endowment for International Peace
The Hague
Conventions & Declarations of 1899.
(New york, Oxford University 1915)
and 1907
Judge Dr. Mohammed Al-Tarawneh
Jordanian Court judge Discrimination
Researcher in the field of human rights and international humanitarian law
The right of Palestine in the water a social and collective right for Danilo Zulu
Water in the Middle East: the legal and political implications in 1995.