July
21, 2004 - ICJ & the Fence at the UN General Assembly
150 for, 6 against and 10 absentions
The
UN General Assembly adopted the ICJ Advisory Opinion on Israel's Security
Fence by an overwhelming majority, on Tuesday 21st July 2004, calling
for a dismantling of the fence, and compensation for the Palestinians.
Voting was: 150 for, 6 against and 10 absentions,
which shows that many more countries, including those in the EU originally
opposing the referral of the issue to the ICJ, voted for this resolution.
Israel views this resolution as one-sided and highly politicized,
an evasion of the issues relating to the ravages and continuing threats
of terrorism, a negation of Israel's right to self-defense, as well
as an impinging on the process of negotiations. The US expressed its
position on the politicization of the judicial process, reiterated
its preference for the process of negotiations and made reference
to the "problematic" interpretation of the right of self-defense
enshrined in the UN Charter.
Holland, presiding for the EU, and France convinced the UK and Italy
to vote with the EU bloc for the resolution, although both had grave
reservations about the politicization of the ICJ and its intervention
in the negotiation process.
The resolution was damning, but included references to Israel's right
of self-defense against terror, which was not part of the ICJ opinion.
However, like the ICJ Advisory Opinion, it is not binding on Israel.
Against: Israel, the United States, Micronesia, the
Marshall Islands, Palau and Australia
Abstained: Canada, Uruguay, Cameroon, Tonga, Vanuatu,
El Salvador, Uganda, Papua New Guinea, Nauru and the Solomon Islands.
- Introduction
- Q&A about the ICJ advisory opinion and
its implications
- Sources: The last paragraph of the ICJ decision
- For the Fence: what major figures are saying
about the ICJ ruling
- Read more - Links
- Previous Features:
a. (I) Israel's Security Fence: Points
to Ponder
b. (I) Israel's Security Fence: Comparative
Analysis Chart – Reasons Why People support, hesitate about,
or oppose the Fence
c. (II) Hearing at the Hague: Ten Key Questions…
brief version
d. 10 Reasons Why
to read the HRW Report on Suicide Bombings