Israel & the ICJ Opinion

The Security Fence
Israel & the ICJ Opinion

By Robert Klein
Editors: Gila Ansell Brauner, Raphael Cohn (Yavneh Olami), Meir Weinberg (Yavneh Olami)

Hopes and Fears   |    Hearing at the Hague

6. Read more - Links

Scholars blast ICJ barrier ruling:
http://www.jpost.com/servlet/Satellite?pagename=JPost/
JPArticle/Printer&cid=1105845487512&p=1078027574097

ICJ
Advisory Opinion: LEGAL CONSEQUENCES OF THE CONSTRUCTION OF A WALL IN THE OCCUPIED PALESTINIAN TERRITORY
http://www.icj-cij.org/icjwww/idocket/imwp/imwp_advisory_opinion/
imwp_advisory_opinion_20040709.htm

Summary of the Advisory Opinion of 9 July 2004
A comprehensive account of the official ICJ ruling, including the full text of the final paragraph and the individual opinions of the judges.
http://www.icj-cij.org/icjwww/ipresscom/ipress2004/
ipresscom2004-2_summary_mwp_20040709.htm

The 7 Judicial Opinions
Links to the 7 separate opinions of the judges in the Advisory Opinion of 9 July 2004.
http://www.icj-cij.org/icjwww/idocket/imwp/imwpframe.htm

UNO
International Law Commission
Articles on Responsibility of States for Internationally Wrongful Acts.
http://www.un.org/law/ilc/texts/State_responsibility/responsibility_articles(e).pdf

[Fourth] Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, 12th August 1949
http://www.unhchr.ch/html/menu3/b/92.htm
Protocol I Additional to ~ , 8th June 1977
http://www.unhchr.ch/html/menu3/b/93.htm

Vienna Convention on the Law of Treaties, 22nd May 1969
http://www.un.org/law/ilc/texts/treaties.htm

MFA
ICJ Advisory Opinion on Israel's Security Fence – Israeli Statement
Israel's response to the ICJ ruling.
http://www.mfa.gov.il/MFA/About+the+Ministry/MFA+Spokesman/
2004/Statement+on+ICJ+Advisory+Opinion.htm?DisplayMode=print

Oslo Accords I – Declaration of Principles, 13th September 1993
http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+
Peace+Process/Declaration+of+Principles.htm

Israeli-Palestinian Interim Agreement/Oslo Accords II, 28th September 1995
http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+
Peace+Process/THE+ISRAELI-PALESTINIAN+INTERIM+AGREEMENT.htm

United States Mission to the United Nations
Statement by US Representative to the UN John Danforth, 16th July 2004
The ICJ is not the forum to resolve the conflict and its opinion runs counter to the political process. The ICJ resolution is one-sided, ignores terrorism, denies Israel and any other country the right to defend themselves against non-state terrorism by a problematic interpretation of Article 51 of the UN Charter.
http://www.un.int/usa/04_130.htm

ADL
Decision Dismisses Israel's Arguments, Accepts Palestinian Claims Without Reservation
A summary of the ICJ ruling, including backgrounds of both the ICJ and Israel's Security Fence as well as a brief opinion of why the ICJ ruling was so harsh towards Israel.
http://www.adl.org/Israel/court_of_justice.asp

ADL Factsheet Fourth Geneva Convention
Notes on its application against Israel in the UN, including to Israeli settlements
http://www.adl.org/issue_israel/4th_geneva_convention.asp

AIPAC Memo
ICJ Interference on Israel's Security Fence Inappropriate and Unnecessary
Strong and summary review, with a unique and interesting angle on the issue - including all that Israel has actually done to help out the Palestinians and alleviate their hardships. This is something not much publicized entirely ignored by the ICJ, which it focused a great deal on the hardships the fence is causing the Palestinians.
http://www.aipac.org/AIPAC%20Memo%20on%20ICJ%20opinion.pdf

Haaretz
Powell Says Israel Proved Fence Reduces Terror
An article focusing on the pro-Israel statements made by United States officials such as Hillary Clinton, Charles Schumer, Colin Powell, White House spokesman Scott McClellan, and John Kerry, in addition to the statements made by France, the EU, Malaysia, and Jordan.
http://www.haaretz.co.il/hasen/spages/449648.html

CNN
Sharon Orders Israeli Barrier Construction Continued
An article about Sharon's decision to ignore the ICJ ruling following a bombing in Tel Aviv.
http://www.cnn.com/2004/WORLD/meast/07/11/israel.barrier/index.html

BBC
Sharon's Barrier Vow: Your Views
A forum for people to open up their opinions on Israel's Security Fence.
http://news.bbc.co.uk/1/hi/talking_point/3879915.stm

The Ottawa Citizen
Israel must protect itself Editorial July 10, 2004
"It was not so much the fence that was on trial but Israel's right to be." The double standard and disregard for the terrible toll of terror in Israel, denying Israel's right to self-protection. "Israel is not about to commit collective suicide. The fence will remain."
http://www.canada.com/components/printstory/printstory4.aspx?
id=eaebb886-3b05-445f-9703-4dbbf52ee34c

The Globe and Mail (Canada)
The fence: a ruling to mourn By David Matas July 12, 2004
The ICJ "failed the test of justice"…In the UN: "with each anti-Israel resolution, the prospect of peace recedes."…"The image of justice is a blindfolded woman holding scales. In the case of Israel, the UN General Assembly and the court put their thumbs on the scale."
http://www.theglobeandmail.com/servlet/ArticleNews/TPPrint/
LAC/20040712/COMATAS12/TPComment/

General Assembly debates measures to halt construction of West Bank barrier

Presents Palestinian, Jordanian views on the ICJ ruling and need for follow up by the UN and its Security Council, as well as covering Israel's response in detail. Holland, representing the EU view includes the right of self-defence against terrorism; Turkey, representing the Islamic bloc view, rejects terror but does not condone the violation of human rights in that cause.
http://www.un.org/apps/news/story.asp?NewsID=11384&Cr=middle&Cr1=east

Canadian National Review

Had Enough?
The U.N. handicaps Israel, along with the rest of us
. By Anne Bayefsky
July 17, 2004
Clear and concise discussion of the issue of self-defense in the ICJ opinion; addresses terms used by the judges and their political involvement as declared in their opinions, as well as the wider implications for the UN, particularly as a go-ahead for Palestinian terrorism. Talks of the long road of Arab attempts to discredit and destroy Israel in the UN and says that its pursuit has led to an attempt to ransack International Law and sully the UN Charter.
http://www.nationalreview.com/comment/bayefsky200407171024.asp

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