World Court declares Israeli barrier illegal
Issue of wall now moves to UN Security Council.
| csmonitor.com
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The UN's highest judicial authority, the International Court of Justice (ICJ) ruled today
that the barrier Israel is building in the West Bank in response to
Palestinian suicide bombings is illegal, that it has to be pulled down
and that Palestinians be compensated for any damages incurred since its
construction.
Reactions from the Israeli government and the Palestinian
authority were prompt, decisive, and played out along expected lines,
even before the complete reading of the ruling by the ICJ.
"Israel will not respect the decision
of the International Court of Justice at The Hague regarding the
legality of the West Bank security fence, but rather the ruling of the
Israeli High Court of Justice - which this week ruled that Israel has a
right to build a security barrier between it and the Palestinians,
Justice Minister Yosef (Tommy) Lapid said Friday," reports the Jerusalem Post.
Palestinians maintain "the barrier imposes intolerable hardships on innocent people, separating them from schools, agricultural fields or workplaces. They also say the barrier is nothing but an Israeli land grab that will make it impossible to establish an independent state alongside Israel - a primary goal of the US-backed 'road map' peace plan," reports Newsday. The ICJ, also known as the World Court, was asked by the UN Security Council to assess "the legal consequences'' of the barrier, reports Malaysia's New Straits Times. Israel calls the concrete and steel structure an anti-terrorist fence while the Palestinians denounce it as an "Apartheid wall." Prior to the ICJ ruling, says the Times:The Palestinians ... expressed confidence that the court would rule in their favor, while Israel, which has clearly stated its intention to continue building the barrier regardless of Friday's ruling, has been busy organizing damage limitation.Haaretz reports that the Palestinians are expected to "seek operative application of the court's conclusions," in case Israel refuses to adopt the recommendations of the international court. Israel has already prepared its response on the assumption that it will come in for criticism from the court. Israel will seek to block the issue from reaching the Security Council, with the assistance of the United States. Israel is also hoping that most EU countries will not support the Palestinian move as they opposed bringing the matter before the ICJ.In building the fence, the court rules, Israel violated international humanitarian law, by infringing on Palestinians' freedom of movement, freedom to seek employment, education and health, reports AP. The court made three specific rulings: • "The construction of the wall and its associated regime are contrary to international law." Originally planned to extend almost 425 miles, the barrier is actually a network of electric fencing, barbed wire and concrete walls that at some points juts into the West Bank to include a number of Jewish settlements on Palestinian territory. The court's decision is non-binding and "will almost certainly change nothing on the ground" reports Malyasia's New Straits Times. The decision is likely to have "important consequences in terms of public relations and thus also have a political impact," says the Times. The ruling comes after Israel's Supreme Court ordered the government Wednesday, June 30, to change a large section of its West Bank separation wall, reports AP. Palestinians won some support last week from the Israeli Supreme Court, which ordered the government to reroute a section of the barrier near Jerusalem. The court said Israel must temper security with human rights and ruled that the disputed section "severely violated" the freedom of movement and "severely impaired" people's livelihoods.Prime Minister Ariel Sharon accepted the decision and told senior defense and military officials to review the fence's route in problematic areas, reports AP. Sharon previously denounced the world court hearings as "a campaign of hypocrisy." A report by the UN Office for the Coordination of Humanitarian Affairs (OCHA) state that with the "completion of the wall, 30 percent of the West Bank population, or some 680,000 people, will be 'directly harmed,'" reports IslamOnline. Fourteen of the 15 ICJ justices supported the decision and the sole opponent was the American judge, Thomas Buerghenthal. The Palestinians will now seek a General Assembly resolution demanding that Israel dismantle the wall as Nasser Al-Kidwa, the Palestinian UN observer said they would do prior to the ICJ's ruling, reports Newsday. If the Israelis refuse, the Palestinians will seek Security Council enforcement and risk a US veto, says Newsday.Several Israeli survivors and relatives of bombing victims gathered near the Peace Palace to press their argument that the barrier is essential for Israel's security. 'People in Europe don't understand what a terrorist attack means,' said Eliad Moreh, 28, who barely survived a bombing at a Hebrew University cafeteria two years ago that killed her friend sitting across the table.'I'm afraid the court won't take into consideration the fear, anguish and damage Israel is going through as a result of Palestinian terrorism. If you don't understand that, you can't understand what the fence is all about.' | |