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Today's Paper | December 26, 2024

Published 11 Jul, 2004 12:00am

Palestinians' diplomatic victory at The Hague

LONDON: The ruling by the International Court of Justice in The Hague that the 'security wall' Israel is building in the West Bank is illegal marks a major victory for Palestinians.

The ruling is not binding. Officially it is termed only an 'advisory opinion' offered by the court. Israeli officials briefing media while the court was delivering its opinion declared the judgment would find its way to the 'garbage can of history.'

But the 'advisory opinion' marks a major moral and diplomatic win for Palestinians. And it further weakens the diplomatic case both of Israel and the United States.

The decision will bring a significant setback to the United States in the Arab world; a US judge was the only one among 15 who delivered a contrary opinion. That the US judge Thomas Buergenthal was acting as American rather than as judge became evident from the immediate dismissal of the judgment by the White House. The White House spokesman Scott McClellan said The Hague was not the 'appropriate forum' to decide this issue. Britain backed the US position.

The legal ruling took on immediate diplomatic colour as a result. Israeli justice minister Yosef Lapid told Army Radio before the ruling that the court in The Hague consisted of judges "from the European Union who are not suspected of being particularly disposed towards Israel."

The European Union (EU) takes a public stand far more supportive of Palestinians than the United States. The EU is the principal donor in the budget of the Palestinian Authority.

The Israeli argument that it was up against a court dominated by EU judges only underlines its diplomatic isolation.

The ruling follows a decision by the Israeli High Court against the path of construction of the wall north of Al Quds. That path is leaving many Palestinians sandwiched between the Green Line as the pre-1967 border is known, and the wall. Many other Palestinians are being left stranded outside and virtually cut off from Jerusalem.

But there is nothing else to stop Israelis building the 425- mile long wall in the West Bank. About 120 miles of the wall, at places actually a fence, has been completed. The Israelis say it is intended to keep suicide bombers out of Israel and that it has already demonstrated its success.

Court president Shi Jiuyong of China said construction of the wall "would be tantamount to de facto annexation. "That construction, along with measures previously taken, thus severely impeded the exercise by the Palestinian people of its right to self-determination."

The International Court of Justice gave its ruling after five months of deliberation. The UN General Assembly asked for an advisory opinion last December.

The US judge agreed with the others only to the extent that the court had a right to give an advisory opinion.

"In its opinion, the court finds unanimously that it has jurisdiction to give the advisory opinion requested by the United Nations General Assembly and decides by 14 votes to one to comply with that request," it said while giving its opinion.

The court ruled 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 rigime, are contrary to international law."

The court declared, again in a 14:1 ruling: "Israel is under an obligation to terminate its breaches of international law; it 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, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto."- Dawn/The InterPress News Service.

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