It said the barrier -- a network of metal fences and
concrete walls -- bars thousands of Palestinians stranded on
its western side from adequate access to basic services like
water, health care and education.
"The ICRC's opinion is that the West Bank Barrier, in as
far as its route deviates from the 'Green Line' into occupied
territory, is contrary to IHL (international humanitarian
law)," a statement from the body's Geneva headquarters said.
The statement also called on the Israeli government --
which says the measure aims at keeping out suicide bombers who
have killed hundreds of its citizens -- "not to plan, construct
or maintain this Barrier within occupied (Palestinian)
territory."
In a prompt reaction, Israel's ambassador in Geneva Yaakov
Levy said the ICRC's statement "could compromise the neutral
stance" essential for the body -- which monitors global pacts
on humanitarian issues in war and post-war situations.
"There is a danger that the position presented by the ICRC
will be turned into a political tool against Israel's measures
of self-defense...," Levy declared.
Israel is facing hearings on the barrier at the
International Court of Justice in the Hague next week after a
request by the United Nations (news - web sites) General Assembly for a
non-binding opinion on whether it is legally obliged to tear it
down.
HUMANE TREATMENT OBLIGATIONS
The ICRC said problems created by the barrier "clearly
demonstrate that it runs counter to Israel's obligation ....to
ensure the humane treatment and well-being of the civilian
population living under its occupation."
It added: "The measures taken by the Israeli authorities
linked to the construction of the Barrier in occupied territory
go far beyond what is permissible for an occupying power under
international humanitarian law."
The ICRC said it recognized the right of Israel -- which
says the barrier is meant to stop suicide bombers and has
already thwarted dozens of attacks -- to take measures to
defend the security of its own population.
And ICRC official Balthasar Staehelin said that if the
barrier were moved back to the Green Line -- the boundary
before Israel seized the West Bank in the 1967 Middle East War
-- "that would solve many of the problems as far as we are
concerned."
Staehelin said the statement followed careful study by ICRC
representatives in the area for 18 months of the effects of the
barrier -- which cuts a wide swathe round Israeli Settlements
on the West Bank -- on ordinary Palestinians.
It also followed one month of discussion with the Israeli
authorities on the organization's concerns. "We hope this
statement will give greater impetus to the dialogue, which we
want to continue."
Palestinian communities were effectively cut off from the
society to which they belong and the barrier also gave rise "to
widespread appropriation of Palestinian property and extensive
damage to or destruction of buildings and farmland."
