Eamon Gilmore (Dún Laoghaire, Labour)
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Question 77: To ask the Minister for Foreign Affairs the position of the Government on the vindication of the decision of the International Court of Justice in July 2004 as to the legality of the wall being constructed by Israel in part of Palestinian land; the implications of such construction for the roadmap for peace; and the Government's position on current Israeli settlement policy and its implications for the peace process. [33477/05]

Dermot Ahern (Louth, Fianna Fail)
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The advisory opinion issued by the International Court of Justice on 9 July 2004 on the construction of the wall on occupied Palestinian territory is not binding, but it represents a clear and authoritative statement of the position in international law. The Government believes it must be respected. The Government and its partners in the European Union have reaffirmed this position on many occasions. Ireland supported UN General Assembly Resolution ES-10/15, which was adopted by an overwhelming majority in response to the International Court of Justice's advisory opinion.

The EU has consistently affirmed its position regarding the legality of Israel's actions in constructing the separation barrier, and in particular with regard to its route. We recognise absolutely Israel's right to provide for the security of its citizens, but the construction of the separation barrier on occupied territory represents an obstacle to the implementation of the quartet roadmap, and therefore to the prospects of a peaceful and lasting settlement to the Israeli-Palestinian conflict. I am also very concerned over its humanitarian and economic consequences and the infringements of recognised principles of human rights for the Palestinian population.

On the issue of settlements, the Government has consistently taken the view that the transfer by an occupying power of its own population into occupied territory constitutes a breach of the Fourth Geneva Convention. The establishment of settlements by the Israeli authorities in the occupied Palestinian territories is contrary to international law.

The Government has conveyed its concerns on these issues directly to the Israeli Government on many occasions. I raised them when I met Foreign Minister Shalom in Jerusalem on 12 July.

The General Affairs and External Relations Council, which I attended in Brussels on 7 November, reiterated the concern of the EU. The Council urged the Israeli Government to cease all activities in the Palestinian territories, including settlement building, the construction of the separation barrier and the demolition of Palestinian homes, which are contrary to international law and threaten to make any solution based on the coexistence of two states physically impossible. The Council expressed particular concern over the implementation of these policies in and around east Jerusalem, and recalled that the EU will not recognise any change to the pre-1967 borders which has not been arrived at by agreement between the parties.