Middle East Economic Survey
VOL. XLVII
No 29
The Political Scene (19 July 2004)
The International Court of Justice has declared Israel’s “separation barrier” in the occupied territories illegal.
ICJ Rules Against Israel
In response to a request from the UN General Assembly, the International Court of Justice (ICJ) in the Hague has now ruled that the 370-mile “separation barrier” (alias wall) that Israel is constructing in the occupied territories is illegal under international law. In an advisory (i.e. non-binding) opinion issued by a majority of 14 to 1 on 9 July, the court ruled inter alia that:
The construction of the separation fence in the territories, including east Jerusalem, is a breach of international law.
Israel is under an obligation to cease construction and to dismantle the portions already built.
Israel should compensate Palestinians harmed by the structure and return property confiscated for its construction.
All countries are obliged not to recognize the illegal situation resulting from the construction of the fence and not to extend any assistance to preserve the status quo.
“The court is of the view that the UN, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall.”
Comprehensive as this indictment of Israel’s behavior in the occupied territories is, it is unlikely to make any difference on the ground, since the Israelis immediately announced that they would pay no attention to it. According to an adviser to Israeli Prime Minister Ariel Sharon, Raanan Gissin, on 9 July, “I believe that after all the rancour dies, this resolution will find its place in the garbage can of history.” Mr Sharon himself said flatly on 11 July “the state of Israel absolutely rejects the ruling of the ICJ,” while his office issued a statement saying that he had “directed that construction of the separation fence continue…and that the struggle against the opinion of the ICJ be continued by all diplomatic and legal means.” Nor is there any hope of meaningful recourse to the UN for the Palestinians, since the Americans are clearly ready to use their veto yet again to protect Israel in the Security Council. (White House spokesman Scott McClellan declared on 9 July that the US did not believe the ICJ was “the appropriate forum to resolve what is a political issue. This is an issue that should be resolved through the process that has been put in place, specifically the road map.”) The best that the Palestinians can hope for, therefore, is a General Assembly resolution that Israel will brush aside. In the meantime, though, the last word should definitely be left with Mr Sharon, who, after an 11 July bomb attack in Tel Aviv which killed one Israeli, declared that “the murderous act that was carried out this morning was the first to occur under the patronage of the world court.”
Charles Snow