- Israel rejected a demand from the International Court
of Justice yesterday that it should "dismantle forthwith" the
security barrier being constructed in occupied Palestinian territory because
it breaches international law.
-
- Dismissing the main arguments that Israel put forward
in a written submission to the court five months ago, 14 out of 15 judges
who heard the case at The Hague said the barrier "cannot be justified
by military exigencies or by the requirements of national security or public
order".
-
- The only dissenting voice was that of Thomas Buergenthal,
the American judge.
-
- The court concluded: "The construction of such a
wall constitutes breaches by Israel of its obligations under the applicable
international humanitarian law.
-
- "The court considers that the construction of the
wall and its associate regime creates a 'fait accompli' on the ground that
could well become permanent, in which case ... it would be tantamount to
de facto annexation. That construction ... thus severely impeded the exercise
by the Palestinian people of its right to self-determination."
-
- But Israel promised to continue building its barrier,
saying it had a "legal and moral duty" to defend citizens from
suicide bombers who would otherwise have infiltrated the country from Palestinian
territory.
-
- Describing it as a "temporary and non-violent security
measure which has saved lives", the Israeli foreign ministry said
the court's opinion ignored Palestinian terrorism, the reason for building
the barrier. "Without terrorism, there would be no fence," a
spokesman added.
-
- Israel said construction would continue within limits
imposed by its supreme court last month. The country's senior judges said
one segment of the barrier had to be re-routed to avoid cutting off Palestinian
villagers from farms, jobs, public services and cities.
-
- The court in The Hague found that Israel was "under
an obligation to return the land, orchards, olive groves and other immovable
property seized from any natural or legal person for purposes of construction
of the wall".
-
- If that proved impossible, compensation must be paid
by Israel for "all damage caused" by the barrier, which the Israelis
describe as a "fence" and the court referred to as a "wall".
-
- The court's advisory opinion came in response to a request
last December from the United Nations General Assembly, asking what were
the "legal consequences arising from the construction of the wall".
-
- In a decision that seemed more political than legal,
the judges called on the UN to stop the barrier being built. They said
the General Assembly and Security Council "should consider what further
action is required to bring to an end the illegal situation resulting from
the construction of the wall".
-
- Unlike rulings on disputes between two sovereign states,
advisory opinions from the UN's principal judicial organ have no binding
force. Even so, they carry strong persuasive authority and have considerable
political weight.
-
- Speaking for the majority, Judge Shi Jiuyong of China,
president of the court, made it clear that the judges' opinion applied
only to the parts of the barrier in territories occupied after the Six-Day
War in 1967, including the areas in and around East Jerusalem.
-
- Construction of the 425-mile security barrier - a complex
of razor-wire, trenches and high concrete walls - began in 2002 and is
due to be completed by the end of next year, at an estimated cost of more
than £1 billion.
-
- Israel said yesterday the court had no authority to deal
with issues in dispute between Palestinian and Israelis, adding that the
"one-sided" ruling was the product of a "flawed, biased
and political procedure".
-
- The US government also regretted that the court had decided
to become involved. "We do not believe that that's the appropriate
forum to resolve what is a political issue," said a White House spokesman.
-
- But Yasser Arafat, the Palestinian president, described
the opinion as a "superb" victory for his people.
-
- Benjamin Netanyahu, Israel's finance minister, said of
the UN: "They can decide anything there. They can say the Earth is
flat.
-
- "It won't make it legal, it won't make it true and
it won't make it just."
-
- © Copyright of Telegraph Group Limited 2004.
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