1. The present report is submitted pursuant to General Assembly resolution ES-10/15 of 2 August 2004, adopted at the resumed tenth emergency special session of the General Assembly. In paragraph 1 of the resolution, the General Assembly acknowledged the advisory opinion of the International Court of Justice of 9 July 2004 on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (see A/ES-10/273 and Corr.1), including in and around East Jerusalem. In paragraph 4, the General Assembly requested me to “establish a register of damage caused to all natural or legal persons concerned in connection with paragraphs 152 and 153 of the advisory opinion”.
2. In its advisory opinion, the International Court of Justice had concluded that by the construction of the wall1 in the Occupied Palestinian Territory, Israel had violated various international law obligations incumbent upon it (para. 143) and that since the construction of the wall entailed the requisition and destruction of homes, businesses and agricultural holdings (para. 152), “Israel has the obligation to make reparation for the damage caused to all the natural and legal persons concerned”. In paragraph 153 of its opinion, the Court said:
“Israel is accordingly under an obligation to return the land, orchards, olive groves and other immovable property seized from any natural or legal person for purposes of construction of the wall in the Occupied Palestinian Territory. In the event that such restitution should prove to be materially impossible, Israel has an obligation to compensate the persons in question for the damage suffered. The Court considers that Israel also has an obligation to compensate, in accordance with the applicable rules of international law, all natural or legal persons having suffered any form of material damage as a result of the wall’s construction.”
3. In my letter to the President of the General Assembly of 11 January 2005 (A/ES-10/294), I presented a general framework for the establishment of the register. Since the submission of that, the Secretariat has made every effort to fulfil the obligation to establish a register of damage. The present report describes the institutional framework required for the implementation of the decisions contained in paragraph 4 of the resolution. In making the following recommendations, I have borne in mind the need for maximum transparency, efficiency, flexibility, impartiality and economy in the institutional framework that would be required for the establishment of the register of damage.