Israel's Security Fence from a Legal Perspective

The Security Fence

Hearing at the Hague
Ten Key Questions
By Robert Klein

Editor: Gila Ansell Brauner

Updates

I. Documents

OIC at Hague: Link between suicide attacks, Israeli 'terror'
Last Update: 25/02/2004
By Sharon Sadeh and Tali Nir, Haaretz Correspondents, and Reuters
Reproduced with Permisssion from © Haaretz Daily

THE HAGUE - The final day of hearings into the legality of the West Bank separation fence Israel is building ended at the International Court of Justice on Wednesday after dozens of Muslim countries backed the Palestinian challenge to the barrier.

French lawyer Monique Chemillier-Gendreau, counsel for the the 57-member Organization of the Islamic Conference, said suicide bombings and other attacks against Israel should not be viewed in a vacuum.

"They have to be linked to the far more bloody terror by Israel against the Palestinians since its founding," she said.

"With the wall there is no longer a viable Palestine thus no peace possible between the two states," said Chemillier-Gendreau.

The Arab League and OIC - representing more than 50 countries - followed Sudan in raising their objections at the Hague court.

In the West Bank itself, hundreds of Palestinian protesters clashed with security forces Wednesday near to where work has begun on a new section of the fence. Police fired tear gas and rubber bullets to disperse stone-throwing demonstrators.

"The action of the construction of the wall defies and violates international law and is a wrongful act that should cease immediately," Abuelgasim Idris, Sudan's ambassador to the Netherlands, told the opening of the final session.

European Parliament: fence will make Palestinian state unviable
On Tuesday, the president of the European Parliament, Pat Cox of Ireland, said that he believes in the road map peace plan and in a two-state solution, but warned that the construction of the fence is making the establishment of a Palestinian state nearly impossible.

Cox said that the European Parliament fears that the separation fence is inching further into the territory of the West Bank, in such a degree that the cantonization of the Palestinian territory begins to raise the question about the viability of a Palestinian state.

"The progressive cantonization and diminution of the West Bank is becoming a fundamental problem for those who believe in a viable and sustainable two-state solution," Cox said.

"We accept of course that the government of Israel has the duty, right and responsibility to protect its citizens; terrorism by Hamas, Islamic Jihad and Fatah and other forces is in itself a huge part of the problem," he added.

Cox also said that the EU parliament would not allow any whitewashing of the investigation carried out by EU's anti-fraud unit (OLAF) into the way the Palestinian Authority is using money sent by the EU. "The European parliament has sent three senior MPs (...) to the territories, to examine the issue of Palestinian terror," Cox said. "Their findings would be presented to the parliament and will be accessible to everyone."

On Tuesday, Jordan led the continuing assault on the barrier, warning that the structure threatens the future stability of the kingdom, which signed a peace agreement with Israel in 1994.

Unlike other countries supporting the Palestinians this week, Jordan views the Israeli barrier as a direct threat, fearing the barrier will make life so hard for Palestinians that they will flee into the neighboring kingdom, straining its resources and upsetting a delicate demographic balance.

"With the exception of the Palestinians themselves, we feel we Jordanians are the ones who could be most affected by Israel's decision to place the wall where it has and where it intends to do so in the near future," Prince Zeid Al Hussein, head of the Jordanian delegation, told the court.

Hussein called suicide bombings "horrific." But he also said they must be seen in the context of Israel's four-decade occupation of the West Bank and Gaza, which he called "dominating ... and degrading" to the Palestinian population.

Sir Arthur Watts, counsel for the Jordanians, attacked Israel's stance that the barrier is a temporary security measure. Showing the justices a map of a proposed route of the barrier, he said the structure is meant to connect Israel proper with its settlements in the West Bank.

"The plan stretches for the most part well within the occupied territory," he said. "This wall is not primarily about the defense of Israel's territory."

"If the wall defends anything, it is ... the position of Israeli settlements in the occupied territories," he said, adding that there is "no right to self-defense to that which is in itself unlawful."

Although the case is technically confined to issues surrounding the barrier, Watts' comments were the latest to question Israel's occupation policies.

Prime Minister Ariel Sharon on Tuesday dismissed the hearings as an "international circus" and vowed to keep building fences.

He told Yedioth Ahronoth that the ICJ hearings is "a campaign of hypocrisy currently being staged against Israel in the international circus in The Hague ... I will build the security fence and will complete it."

In Ramallah, Palestinian Authority Chairman Yasser Arafat voiced confidence that the World Court would reach the "right decision."

The court's ruling will not be binding. But it could influence world opinion and the Palestinians hope it could pave the way for international sanctions against Israel.

In front of the court's Peace Palace building on Tuesday, about 150 pro-Israeli demonstrators, some wrapped in Israeli flags, sang peace songs beside the skeleton of a Jerusalem bus in which a Palestinian suicide bomber killed 11 people last month.

Other countries presenting their opposition to the fence Tuesday included Cuba, which said the barrier turned Palestinians into a "population of prisoners" and Indonesia, the most populous Muslim country, which called on the court to declare the barrier illegal.

An Israeli Foreign Ministry spokesman dismissed the dozen countries supporting the Palestinian case as "the usual collection of dictatorships and Arab states against Israel."

Belize, a tiny Central American nation with little at stake in the Middle East, stressed Israel's right to defend its citizens but it, too, urged the court to rule against the barrier.

 

 

 

 


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