Court: Fence violates international law, must be dismantled
By Aluf Benn, Haaretz Correspondent, and Reuters
The president of the International Court of Justice was Friday reading the ruling on the legality of the West Bank separation fence in The Hague. The ruling was in line with a copy of the document obtained earlier by Haaretz, and which determines that the barrier contravenes international law, must be dismantled, and that Palestinians harmed by its construction must be compensated.
Judge Shi Jiuyong of China called the United Nations' highest legal authority to order and started reading the non-binding advisory opinion requested by the UN General Assembly that is expected to be highly complex and possibly take several hours to read.
Click here for a live broadcast of the court's decision.
In his ruling, Judge Shi Jiuyong said the court had the jurisdiction to give a non-binding advisory opinion requested by the UN General Assembly.
"The Court cannot accept the view... that it has no jurisdiction because of the 'political' character of the question posed..." he said. "The court accordingly has jurisdiction to give the advisory opinion."
The ruling obtained by Haaretz, determines that, "The construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, are contrary to international law."
Fourteen justices supported the decision and the sole opponent was the American judge, Thomas Buerghenthal.
The ruling is titled "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory."
In building the fence, the court rules, Israel violated international humanitarian law, by infringing on Palestinians' freedom of movement, freedom to seek employment, education and health.
It also states that Israel violated international treaties it had signed which deal with these topics: "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."
The court also rules that Israel must halt construction of the fence and pull down those sections built inside the West Bank. "Israel is under an obligation to... cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated..." the ruling says.
The judges also question the route of the fence determined by Israel, saying they are "not convinced that the specific course Israel has chosen for the wall was necessary to attain its security objectives."
The ruling 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."
On the issue of compensating Palestinians harmed by construction of the fence, the court rules that, "Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem."
Buergenthal was supported by the Dutch judge, Pieter Kooijmans, in his rejection of the call for all countries to act against the project. The other 13 judges ruled in favor of this call. "All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction," the ruling says.
The Hague court also rules that it has jurisdiction to render an opinion on the issue of the fence. The ruling includes 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 are not included in the court's decision.
The ruling also says that, "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 International Court was asked to deliberate on the issue of the security fence by a United Nations General Assembly resolution last December, and its decision, which is advisory in nature, 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.
Palestinian Authority Chairman Yasser Arafat on Thursday said he had full confidence in the world 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 Israel's High Court of Justice. The changes run along the section of the fence northwest of Jerusalem, and in parts near Qalqilyah, Modi'in and southeast of Jerusalem near Gush Etzion.
According to the map made public by the Defense Ministry, 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 the settlements of Karnei Shomron and Immanuel, and 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 on the assumption that it will come in for criticism from the court. 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.
By Aluf Benn, Haaretz Correspondent, and Reuters
The president of the International Court of Justice was Friday reading the ruling on the legality of the West Bank separation fence in The Hague. The ruling was in line with a copy of the document obtained earlier by Haaretz, and which determines that the barrier contravenes international law, must be dismantled, and that Palestinians harmed by its construction must be compensated.
Judge Shi Jiuyong of China called the United Nations' highest legal authority to order and started reading the non-binding advisory opinion requested by the UN General Assembly that is expected to be highly complex and possibly take several hours to read.
Click here for a live broadcast of the court's decision.
In his ruling, Judge Shi Jiuyong said the court had the jurisdiction to give a non-binding advisory opinion requested by the UN General Assembly.
"The Court cannot accept the view... that it has no jurisdiction because of the 'political' character of the question posed..." he said. "The court accordingly has jurisdiction to give the advisory opinion."
The ruling obtained by Haaretz, determines that, "The construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, are contrary to international law."
Fourteen justices supported the decision and the sole opponent was the American judge, Thomas Buerghenthal.
The ruling is titled "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory."
In building the fence, the court rules, Israel violated international humanitarian law, by infringing on Palestinians' freedom of movement, freedom to seek employment, education and health.
It also states that Israel violated international treaties it had signed which deal with these topics: "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."
The court also rules that Israel must halt construction of the fence and pull down those sections built inside the West Bank. "Israel is under an obligation to... cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated..." the ruling says.
The judges also question the route of the fence determined by Israel, saying they are "not convinced that the specific course Israel has chosen for the wall was necessary to attain its security objectives."
The ruling 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."
On the issue of compensating Palestinians harmed by construction of the fence, the court rules that, "Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem."
Buergenthal was supported by the Dutch judge, Pieter Kooijmans, in his rejection of the call for all countries to act against the project. The other 13 judges ruled in favor of this call. "All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction," the ruling says.
The Hague court also rules that it has jurisdiction to render an opinion on the issue of the fence. The ruling includes 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 are not included in the court's decision.
The ruling also says that, "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 International Court was asked to deliberate on the issue of the security fence by a United Nations General Assembly resolution last December, and its decision, which is advisory in nature, 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.
Palestinian Authority Chairman Yasser Arafat on Thursday said he had full confidence in the world 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 Israel's High Court of Justice. The changes run along the section of the fence northwest of Jerusalem, and in parts near Qalqilyah, Modi'in and southeast of Jerusalem near Gush Etzion.
According to the map made public by the Defense Ministry, 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 the settlements of Karnei Shomron and Immanuel, and 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 on the assumption that it will come in for criticism from the court. 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.
