Israel's Security Fence from a Legal Perspective

World Court to Rule on West Bank Fence July 9
(Reprinted with permission From Haaretz©)

THE HAGUE, Netherlands - The top United Nations court said Friday it will issue its much-anticipated opinion on the legality of the West Bank separation fence on July 9.

The opinion by the 15 International Court of Justice judges could further heat tempers in the area, where Palestinians have repeatedly clashed with Israeli soldiers and construction workers building the barrier.

The UN General Assembly asked the world court last December to "urgently" give its opinion on whether construction of the fence conformed to international law and the Geneva Conventions concerning occupied territory.

"After all the legal affidavits that have been presented to the international court, and since the wall is being built on occupied land, we expect that the court will condemn it," Palestinian Communications and Information Minister Azzam al-Ahmed told Reuters.

"We also expect that the court will demand that Israel demolish what has been built," he said.

Construction of the fence began two years ago. The system of trenches, fences, walls and razor wire snakes through the West Bank, at times dipping deep into the territory where the Palestinians hope to establish an independent state.

"The reason why Israel built the fence - the suicide bombers - unfortunately...still exists," Foreign Ministry spokesman David Saranga said.

"The fact that it took the court so long to decide, shows that as opposed to what the Palestinians and other countries said, that [the issue] is so urgent, the court apparently doesn't think it is so urgent," he said.

The court received written arguments from 47 countries and international organizations. In February, it heard three days of oral arguments from a Palestinian representative, individual Arab states, the 22-nation Arab League and the 57-member Organization of the Islamic Conference.

Israel, the United States and several European countries declined to appear before the judges to buttress their written statements. Israel does not believe the world court has the jurisdiction to rule on the fence.

Their arguments focused on the contention that the challenge to the fence was political rather than legal, and that interference from the court could hinder the U.S.- backed road map to peace.

The panel's opinion will be read at a public hearing by the court's Chinese president, judge Shi Jiuyong, at the ornate Peace Palace in The Hague, a court statement said.

It likely will begin with the court's ruling on whether it should deliver a legal opinion as requested, or refrain.

Although the court's opinion is not binding, Arab advocates hope the court will issue recommendations that could be acted upon by the UN Security Council.

While any such action could be vetoed by the United States, even a failed UN resolution against the fence would represent a public relations victory for those opposed to its construction.

Israel says it needs the barrier to keep out Palestinian militants who have killed hundreds of Israelis since 2000, many of them in suicide bombings or car bombs.

Palestinians say the divider amounts to a land grab. The barrier isolates some Palestinian towns and villages, separating thousands of Palestinians from schools, hospitals and farmland.

Thousand of acres of West Bank land have already been expropriated for the fence. Palestinians want to establish a state in the West Bank and Gaza Strip.

 

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