Search the web
Yahoo! NewsWelcome, dirtyharriet0
[Sign Out, My Account]
Welcome, dirtyharriet0 Personalize News Home Page   -   Sign Out
Yahoo! News   Sun, Feb 15, 2004
Search   for     Advanced
News Home
Top Stories
U.S. National
Business
World
Middle East
   Europe
   Latin America
   Africa
   Asia
   Canada
   Australia/Antarctica
Most Popular
Entertainment
Sports
Technology
Politics
Science
Health
Oddly Enough
Op/Ed
Local
Comics
News Photos
Most Popular
Weather
Audio/Video
Full Coverage

Full Coverage
More about
Mideast Conflict
Related News Stories
Jerusalem Wall Collapse Sparks Jewish-Muslim Row Reuters via Yahoo! News (Feb 15, 2004)
Hizbollah Says It Has Right to Mine Israeli Border Reuters via Yahoo! News (Feb 15, 2004)
Palestinian Official Wary of U.S. Plan AP via Yahoo! News (Feb 14, 2004)
Opinion & Editorials
Sharon's Potential Opening at Washington Post (Feb 15, 2004)
We must act now over Israel's wall at The Guardian (UK). (Feb 13, 2004)
Feature Articles
Pullout on hold, Gaza flares up at Christian Science Monitor (Feb 12, 2004)
The village against the fence at Haaretz (Feb 12, 2004)
Related Web Sites
Roadmap to Solution of Israeli-Palestinian Conflict
UN: The Question of Palestine
U.S. Department of State: Middle East Peace Process

News Resources
Providers
· AP
· AFP
News Alerts
· United Nations
· Ariel Sharon
· The Hague
· European Union
· Palestinian Authority
Services
·Daily Emails
·Free News Alerts
 News via RSS

 
Mideast - AFP
World court to hear Israeli West Bank barrier case this week
AFP
1 hour, 11 minutes ago
Add Mideast - AFP to My Yahoo!

THE HAGUE (AFP) - The International Court of Justice (ICJ) begins hearings this week to assess the legality of Israel's controversial West Bank barrier despite criticism from Europe and the United States that its involvement could hamper the peace process in the Middle East.

Photo
AFP Photo

AFP Photo
AFP
Slideshow Slideshow: Mideast Conflict

 

The ICJ was asked to rule on the legal consequences of the fence after the United Nations (news - web sites) General Assembly voted overwhelmingly in early December for a so-called advisory opinion from the court.

Its findings will be non-binding, but a negative outcome would be a great embarrassment for Israel.

The barrier, which Jerusalem calls a "terror prevention fence", stretches over hundreds of kilometres (miles) and is built mostly of wire fencing, but there are also sections made of eight-metre-high (25-feet-high) cement slabs.

The Israeli government of Prime Minister Ariel Sharon (news - web sites) insists the barrier is vital for the security of the nation because it will help to prevent Palestinian suicide attacks.

The Palestinians argue that the barrier, which cuts deep into the West Bank in some areas and completely cuts off several towns and villages, is a landgrab in order to pre-empt the borders of their promised future state.

Israel has consistently rejected the ICJ's competence in the matter, arguing the court should not rule on what it regards as a purely political issue and asserting their fundamental right to self-defence.

After filing a 150-page document outlining why Jerusalem believes the court should not adjudicate the matter, Israel announced last week that it was boycotting the hearings.

Israel is arguing that its written application outlines its official position clearly and requires no further presentation.

The absence of an Israeli delegation will not change the court proceedings. The ICJ takes all written and oral applications into account to come to a final advisory opinion.

Established in 1946, the ICJ is the UN's highest judiciary body, set up to deal with conflicts between states. The court can also issue advisory opinions on the legality of certain matters. So far the ICJ has issued 24 such opinions.

The advisory opinions are supposed to be strictly legal issues. Israel and some of its supporters are expected to argue that the case is essentially a politically dispute between two parties and is not something to be dealt with in an advisory opinion.

Experts on international law questioned by AFP said it is highly unlikely that the court will decide it is incompetent in the matter.

"The central question is whether or not it is a legal question which has been brought before the court. That is the only criterium, and I think in this case the court will not declare itself incompetent," Phon van den Biesen, a Dutch lawyer who has worked on several cases before the ICJ, said.

The court has been asked to give an opinion on the legal consequences of the wall Israel "is constructing on occupied Palestinian territory".

"The argument that it is a political question is not a good one. Every international dispute, every question has both legal and political aspects," Olivier Ribbelink, of the TMC Asser Institute for legal studies in The Hague (news - web sites), told AFP.

According to the court, another 43 states besides Israel have lodged written statements with the ICJ including Russia, the United States and several European Union (news - web sites) (EU) members.

 

The UN General Assembly and many Arab and European countries have condemned the construction of the barrier, which is dubbed by Palestinians as an "Apartheid Wall".

Both the United States and the European Union, however, have warned that the ICJ hearing would serve to further undermine the peace process.

The Palestinian Authority (news - web sites), the League of Arab States and the Organisation of the Islamic Conference have also filed written statements but none of the documents has been released to the public.

On Monday, February 23, the court will start with hearings at which states and interested parties may give oral presentations. It is not yet known how many parties have applied to speak.

The proceedings are expected to last at least a week. No date has been set for a ruling.


Mail to Friend  Email Story
Message Boards   Post/Read Msgs (11)
Printer Version   Print Story
Ratings: Would you recommend this story?
Not at all 1 - 2 - 3 - 4 - 5 Highly



Prev. Story: Iranian women to shun parliamentary election (AFP)
Next Story: Iraq agrees with neighbouring states to check infiltration as violence rages (AFP)

More World - Middle East Stories
· Shiites have alternative proposals on Iraq polls  (AFP)
· Iran Offers to Sell Potential Nuke Fuel   (AP)
· Gaza settlers march against evacuation, Palestinian media protest bullying  (AFP)
· U.S. Has Murky Picture of Iraq Resistance   (AP)
· Iranian women to shun parliamentary election  (AFP)

ADVERTISEMENT
click here


Copyright © 2004 Agence France Presse. All rights reserved. The information contained in the AFP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of Agence France Presse.
Copyright © 2004 Yahoo! Inc. All rights reserved.
Questions or Comments
Privacy Policy -Terms of Service - Copyright Policy - Ad Feedback