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.
'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.
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.
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).
on behalf of my Jewish friends, this court can shove it
There are 15 judges on the panel.
Israel should send the court 15 gift-wrapped shovels.
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.
"Sometimes, I guess there's just not enough sand"< /Forrest Gump>
"...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?
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....
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
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.
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.
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.
This Court sounds like the infamous Ninth Circuit.
Sounds right to me.
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