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U.N.: Israeli Wall “Illegal Annexation” Of Palestinian Lands

"Annexation of this kind, known as conquest in international law, is prohibited by the Charter of the U.N.," U.N.

GENEVA, September 30 (IslamOnline.net & News Agencies) - While Washington maintained the controversial barrier in the West Bank "isolates Palestinians from each other (and) prejudges negotiations," a U.N. report underlined Tuesday, September 30, that the separation wall marked illegal annexation of Palestinian territory and must be condemned by the world community.

The U.N. special rapporteur for human rights in the occupied Palestinian territories, John Dugard warned in a report that the wall erected in recent months would incorporate "substantial areas" of the West Bank into Israel, reported Agence France-Presse (AFP).

"The evidence strongly suggests that Israel is determined to create facts on the ground amounting to de facto annexation," the report said.

"Annexation of this kind, known as conquest in international law, is prohibited by the Charter of the United Nations and the Fourth Geneva Convention," it added.

Dugard also said "the time has come to condemn the wall as an unlawful act of annexation in the same way that Israel's annexation of East Jerusalem and the Golan Heights has been condemned as unlawful".

The takeover of occupied Arab East Jerusalem and the seizure of the Golan Heights from Syria in 1967 both followed the Six Day War and were condemned in U.N. Security Council resolutions.

Dugard's report was released as the Israeli cabinet prepared to meet Wednesday, October 1, to decide on the route of the next portion of the wall.

Israel strongly criticized the U.N. expert's report, claiming it was "one-sided, highly politicized and biased," and totally disregarded the deaths of 900 Israelis in attacks since September 2000.

"When judged against such background, Israel’s self-defense measures, including a security fence being constructed to prevent suicide bombers from entering Israel, would appear proportional as well as within her right to self-defense," argued Israel's Ambassador to the U.N. in Geneva, Yaakov Levy.

According to an AFP count, 3,497 people have been killed since the outbreak of Al-Aqsa Intifada against the Israeli occupation including 2,612 Palestinians and 822 Israelis.

The U.N. report accepted Israel had legitimate security concerns that "cannot be denied", but called on Tel Aviv to place a limit on "the violation of human rights in the name of counter-terrorism".

"A balance must be struck between respect for human rights and the interest of security," it added.

Dugard doubted the barrier would even prove to be an effective deterrent against attacks, citing assertions by the Israeli forces that most bombers had taken advantage of flawed checks to cross through Israeli manned checkpoints.

An estimated 200,000 of the 400,000 Israeli settlers are likely to be incorporated on the Israeli side of the 1.4 billion dollar wall, further undermining efforts to tackle the controversial issue in peace talks, his report indicated.

"The construction of the wall within the West Bank and the continued expansion of settlements, which, on the face of it, have more to do with territorial expansion, de facto annexation or conquest, raise serious doubts about the good faith of Israel's justifications in the name of security," concluded the U.N. official.

The report, based on a visit by the South African expert to the region in June, is due to be formally presented to the 2004 session of the U.N. Commission on Human Rights in March, a U.N. spokesman said.

The Israeli government does not recognize the U.N. expert's mandate and has refused to cooperate with Dugard.

Prejudges Negotiations

"Time has come to condemn the wall as an unlawful act of annexation," U.N.

The route of the separation wall is still creating bad blood between Israel and its U.S. ally.

U.S. Assistant Secretary of State for Near Eastern Affairs William Burns summed up the American position Monday, September 29, at the first ever U.S.-Arab economic forum in Detroit.

"The course of the security fence is a significant problem as well - not its existence as a separation barrier between Israel and the West Bank - but because its planned route inside the West Bank isolates Palestinians from each other, prejudges negotiations, and, like settlement activity, takes us further from the two-state goal," he said.

U.S. Secretary of State Colin Powell told the same forum that talks with Israel would continue to ensure it "does not prejudge the outcome of peace negotiations".

Ahead of Wednesday meeting, Israeli Prime Minister Ariel Sharon announced the wall will encompass the West Bank settlement of Ariel despite strong U.S. objections.

"The fence will pass east of Ariel and Kedumim," in the northern West Bank, Sharon told a meeting of MPs of his Likud party Monday night, the Israeli media reported.

The first phase of the construction in the northern West Bank was completed in July but work on the next stage had been delayed by differences between Israel and Washington, as well as inside the government, over the route of the barrier.

According to Israeli media reports, Sharon chief of staff Dov Weisglass and Defense Ministry Director General Amos Yaron struck a deal last week in Washington on the most controversial section of the barrier.

U.S. National security adviser Condeleezza Rice led the talks for the United States and reportedly dropped threats to deduct the costs of the barrier from nine billion dollars worth of loan guarantees Washington has offered Israel.

Unconfirmed reports in the media said that, in exchange, Israel would not immediately act on its threat to remove Palestinian President Yasser Arafat from his West Bank headquarters.

The Palestinians fear the separation wall twill constitute the border of their future state.

But Sharon is also facing pressure from the far-right, which does not want to give up its dream of a Greater Israel stretching from the Mediterranean to the Jordan river.

Just like the Palestinians, some hard-line ministers believe the borders of the future Palestinian state are being drawn up and think that too much of the West Bank is being relinquished.

In a further indication that Israel was putting the final touches to its plans for the separation barrier, an agreement was reached Monday over another controversial section.

Israel agreed to change the route in a sector where it threatened to slice through the Palestinian university of Al-Quds in occupied Jerusalem, official sources on both sides said.

Construction of the barrier raises problems along almost every kilometer.

It follows the Green Line only very loosely and cuts off large parts of fertile Palestinian land, effectively annexing parts of the West Bank.

Several other Palestinian communities, including in the occupied Jerusalem area, are being split in two by the barrier.

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