July 9, 2004
By Aaron Klein
© 2004 WorldNetDaily.com
The International Court of Justice will rule this afternoon that Israel's security fence, which is credited with keeping suicide bombers out, violates international law, and that it must be dismantled, according to an Israeli official who obtained advanced copies of the ruling.
The decision will be made public at 4 P.M. today under the heading, "Legal implications of the construction of the barrier in Palestinian occupied territory."
The court, which Israel says has no jurisdiction over Israeli matters, has ruled "[it] is not convinced that the specific course Israel has chosen for the wall was necessary to attain its security objectives." Fourteen votes favored the decision and the sole opponent was the American Judge, Thomas Buerghenthal.
It then 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."
"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 Hague court unilaterally ruled that it had jurisdiction to render an opinion on the issue of the fence. The parts of the fence constructed within Israel proper were not included in the court's decision.
The justices wrote that in building the fence, Israel violated international humanitarian treaties it had signed by "infringing on Palestinians' freedom of movement, freedom to seek employment, education and health."
"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 justices wrote.
Israel recently agreed to change certain parts of the fence that cut through Palestinian territory so it doesn't separate Palestinian farmers from their property.
Aaron Klein is WorldNetDaily's special Middle East correspondent, whose past interview subjects have included Yasser Arafat, Ehud Barak, Shlomo Ben Ami and leaders of the Taliban.
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