The United Nations Secretary General Kofi Annan has initiated the establishment of an office that would be responsible for collecting data and testimonies on damages caused by the separation fence to Palestinians in the West Bank. The decision to push ahead with the creation of a "Register of Damage" is based on the 2004 recommendations of the International Court of Justice, which were presented to the General Assembly.

In a report released Saturday, Annan said that on the basis of the decisions of the General Assembly, accepting the court's recommendations, a "Register of Damage" would be set up in Vienna, and would be responsible to register damages to Palestinian homes, businesses and agricultural holdings caused by the "wall." The documentation will serve for possible future international adjudication.

In his report to the UN General Assembly, Annan added that "it would be important to understand that the office of the Register of Damage would not be a compensation commission nor a claims-resolution facility, nor would it be a judicial or quasi-judicial body."

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The General Assembly will be asked to approve the new office.

Annan quotes from the International Court's recommendations in his report, noting 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."

The Register of Damage is to be overseen by a three-member independent board, appointed by the secretary-general, and run by a small secretariat in Vienna, headed by an executive director, also appointed by the UN, the report noted.

If such office is created, the Palestinians would need to be informed of its purpose as well as provide the necessary guidance on how to fill in the claim forms which "would not entail an evaluation or an assessment of the loss or damage claimed."

Professor Yoram Dinstein, an expert on international law, says that even though the International court has concluded that Israel must compensate for any damages caused by the separations fence, "the way to receiving compensation is far removed."

Dinstein points out that "this is the creation of the basis to claim compensation in the future. But in order to pay this compensation, it will be necessary for an international forum to force Israel to do so. The International Court at The Hague can do so only if Israel accepts the authority of its jurisdiction or [if] the Security Council [does]. Israel will hope for a U.S. veto there [in the Security Council] to block demands for compensation payments."