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Int'l Court rules Israel must pull down 'illegal' W. Bank fence, compensate Palestinians
haaretz.com ^ | July 7, 2004 | Aluf Benn

Posted on 07/08/2004 11:32:30 PM PDT by HAL9000

Exclusive: Int'l Court rules Israel must pull down 'illegal' W. Bank fence, compensate Palestinians

Court: fence violates int'l law, must be dismantled

The International Court of Justice will rule on Friday that the separation fence contravenes international law, that it must be dismantled, and that compensation must be paid to the Palestinian owners of property confiscated for its construction, according to documents obtained by Haaretz.

The decision will be officially made public at 4 P.M. Friday under the heading, "Legal implications of the construction of the barrier in Palestinian occupied territory."

The court has ruled that on the basis of the material available to it, "[it] is not convinced that the specific course Israel has chosen for the wall was necessary to attain its security objectives." Fourteen votes favored the decision and the sole opponent was the American Judge, Thomas Buerghenthal.

It then says: "The wall, along the route chosen, and its associated regime, gravely infringe a number of rights of Palestinians residing in the territory occupied by Israel, and the infringements resulting from that route cannot be justified by military exigencies or by the requirements of national security or public order."

"The construction of such a wall accordingly constitutes breaches by Israel of its various obligations under the applicable international humanitarian law and human rights instruments."

In support of Judge Buergenthal's opposition, the Dutch Judge, Pieter Kooijmans, rejected the call for all countries to act against the project.

The Hague court ruled that it had jurisdiction to render an opinion on the issue of the fence. The justices conducted a lengthy analysis of the legal situation and of the history of the Israeli occupation in the West Bank and Gaza Strip. Parts of the fence constructed within the Green Line were not included in the court's decision.

Most of the justices believed that in building the fence, Israel violated international humanitarian law, by infringing on Palestinians' freedom of movement, freedom to seek employment, education and health. Israel violated international treaties it had signed which deal with these topics, the ruling states.

"Israel is bound to comply with its obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian law and international human rights law. Furthermore, it must ensure freedom of access to the Holy Places that came under its control," the justices wrote.

The International Court in the Dutch capital, The Hague, was asked to deliberate on the issue of the security fence by a United Nations General Assembly resolution of last December, and its decision will be presented to the world body.

Prior to the release of the decision, Israeli sources said they were unsure of the court's ruling. However, European sources said that on the basis of information available to them, the legal opinion would be "negative and critical" of Israel.

PA Chairman Yasser Arafat on Thursday said he had full confidence in the International Court. "I believe the court in the Hague is capable of stopping the construction of the fence that damages our people," he said in Ramallah.

For its part, the Defense Ministry has carried out changes on the official map delineating the route of the fence according to the ruling of the High Court of Justice. The changes run along the section of the fence northwest of Jerusalem, and in parts near Qalqilya, Modi'in and southeast of Jerusalem near Gush Etzion.

According to the map made public by the Ministry of Defense, there are many changes from the original route of the fence, and all are meant to alleviate the pressure on the Palestinian population in those areas.

However, the new map also shows the intention to build the fence around the Ariel salient, linking the largest settlement in the West Bank, with Karnei Shomron and Immanuel, to the Green Line.

Israel and the Palestine Liberation Organization have prepared their public relations and diplomatic offensives in anticipation of the decision. The PLO representative in the United Nations, Nasser al-Qidwa, and diplomats from Arab countries at the UN, plan to request an emergency session of the General Assembly where the results of the court's decision will be presented.

It is expected that the Palestinians will 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, assuming that the court will be critical of Israel. 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.



TOPICS: Breaking News; Foreign Affairs; Israel; News/Current Events
KEYWORDS: fence; hague; icj; israel; palestinians; securitybarrier; westbank; zionist
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To: SevenofNine
What would Dick Cheney say bumper stickers
81 posted on 07/09/2004 10:00:38 AM PDT by Fixit (Kerry Edwards -- A Stifled America)
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To: expatguy

'Israel answers to a Higher Judge.'



Zec 2:4 And said unto him, Run, speak to this young man, saying, Jerusalem shall be inhabited [as] townS WITHOUT WALLS for the multitude of men and cattle therein:

http://www.blueletterbible.org/kjv/Zec/Zec002.html#4

gee, maybe He was talking about another Jerusalem.


82 posted on 07/09/2004 11:23:04 AM PDT by Ethan_Allen (Gen. 32:24-32 'man'=Jesus http://www.preteristarchive.com/Jesus_is_Israel/index.html)
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To: Ah Beng
Isreal should tell the International Court of Justice to stick that decision up their collective noses or any other convenient orifice.

They don't have to do that. It's already been taken care of.

Me and some of my pals created a court in my living room last night -- it's called the New International Court of Justice -- and we struck down the ICC's ruling.

We can do that because we have global jurisdiction.

83 posted on 07/09/2004 11:24:22 AM PDT by Yardstick
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To: Southack

I wrote a letter to my local newspaper on this very topic. I will share it here after they print it (keeping in mind that they reject stuff that has been posted on FR).


84 posted on 07/09/2004 11:29:57 AM PDT by alwaysconservative ("The difference between Edwards and Cheney is that Dick Cheney can be president." W)
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To: HAL9000

on behalf of my Jewish friends, this court can shove it


85 posted on 07/09/2004 11:33:17 AM PDT by The Wizard (Democrats: enemies of America)
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To: HAL9000

There are 15 judges on the panel.

Israel should send the court 15 gift-wrapped shovels.


86 posted on 07/09/2004 12:14:05 PM PDT by Imal (Fight for America! Become a Free Republic monthly donor. It's easy and makes a real difference.)
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To: HAL9000

Nothing like backfence neighbors that want to horn in on an argument.

I would make them a deal. Any Palestinian that can show that the house that he lives in is separated from the farm he farms, I will move the fence. But there is a catch, He has to show the deed to the farm and the House. If he does not own the land he is farming I throw him in jail, and if he does not own the land his house is on, I will bulldoze it and deport him as an illegal alien.

I kinda suspect the complaints will taper off by about a thousand to one.


87 posted on 07/09/2004 12:40:17 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: Imal
Israel should send the court 15 gift-wrapped shovels.

"Sometimes, I guess there's just not enough sand"< /Forrest Gump>

88 posted on 07/09/2004 1:13:28 PM PDT by dread78645 (Sorry Mr. Franklin, We couldn't keep it.)
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To: JacobsBubbie

"...and my vote goes to the person who deals with issues that affect me directly..."

Only deepens the mystery for me. What could be more 'directly affecting' than the survival of the Jewish Homeland, the only, albeit tiny, sovereign democracy in the entire ME?


89 posted on 07/09/2004 3:23:18 PM PDT by Fred Nerks (Understand Evil. Read THE LIFE OF MUHAMMAD free pdf. Click Fred Nerks for link.)
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To: goldstategop

well not every country....if he tried to build an actual security fence on the border with Mexico, they would say the same thing to us....


90 posted on 07/09/2004 6:03:37 PM PDT by MikefromOhio (Kerry renames the US The People's Republic of America)
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To: SevenofNine
Ask China take down the Great Wall

Bad analogy. The Great Wall is wholly within (modern day) China. This wall is a border fence.

Tell the Vatican to take down their wall!

ML/NJ

91 posted on 07/09/2004 6:19:37 PM PDT by ml/nj
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To: HAL9000

I would just love to hear Israel say "what are you going to do about it, run to France?" Israel should ignore this BS. It's their country and they can build whatever walls they feel like building.


92 posted on 07/09/2004 8:55:37 PM PDT by plain talk
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To: SJackson

Int'l Court rules Israel must pull down 'illegal' W. Bank fence, compensate Palestinians

And when Israel say pound sand, what are they going tyo do abot it? Oh I know a strongly worded UN resolution, followed by letters written to the NY Times.


93 posted on 07/09/2004 9:24:38 PM PDT by Valin (Everyone is entitled to their own opinion. It's just that yours is stupid.)
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To: HAL9000; SJackson; yonif; Simcha7; American in Israel; spectacularbid2003; Binyamin; ...
'Ping!'





If you'd like to be on or off this
Christian Supporters of Israel ping list,
please FR mail me. ~
  -  -
MikeFromFR ~
There failed not ought of any good thing which the LORD had
spoken unto the house of Israel; all came to pass. (Joshua 21:45)

Letter To The President In Support Of Israel ~
'Final Solution,' Phase 2 ~
Warnings ~
94 posted on 07/09/2004 9:55:07 PM PDT by Salem (FREE REPUBLIC - Fighting to win within the Arena of the War of Ideas! So get in the fight!)
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To: Salem
International what? Oh... yeah!


95 posted on 07/09/2004 11:14:17 PM PDT by Mr.Atos
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To: Salem

There are days I just can't listen to the news...It makes me physically ill! Just hearing the word UN is almost an automatic warning to change the channel and preserve my cardiovascular status.


96 posted on 07/09/2004 11:48:41 PM PDT by lainde (Heads up...We're coming and we've got tongue blades!!)
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To: lainde

This Court sounds like the infamous Ninth Circuit.


97 posted on 07/09/2004 11:49:48 PM PDT by RightWhale (Withdraw from the 1967 UN Outer Space Treaty and establish property rights)
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To: All
Oh, what the hell... Let them know what you think of their jurisdiction. The court of Justice of the United Nations is as significant now to this nation and to Israel as the mandates of King George in 1776. Irrelevent presumptuous incompetents! Their delusions of granduer do not manifest respect from Men who know the value of individual sovereignty. Tell them where to shove their rulings...

Email UN-ICJ

98 posted on 07/10/2004 12:05:28 AM PDT by Mr.Atos
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To: American in Israel

Sounds right to me.


99 posted on 07/10/2004 12:54:17 AM PDT by dennisw (Once is Happenstance. Twice is Coincidence. The third time is Enemy action. - Ian Fleming)
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To: Salem; dennisw; SJackson; MeekOneGOP; B4Ranch; TrueBeliever9; Geist Krieger; JohnHuang2; Sanch; ...
If there ever will be a test of this kangaroo court's authority to strongarm a single nation into doing it's bidding, telling Israel it has no right to build a wall to keep out Islamic terrorists will be it - ping.
100 posted on 07/10/2004 2:07:34 AM PDT by Happy2BMe (Ronald Reagan to Islamic Terrorism: YOU CAN RUN - BUT YOU CAN'T HIDE!)
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