Aluf Benn, Moshe Gorali and Arnon Regular
Haaretz
The International Court of Justice will rule
today that the separation fence contravenes international law, that it
must be dismantled, and that compensation must be paid to the Palestinian
owners of property confiscated for its construction, according to
documents obtained by Haaretz.
The decision will be officially
made public at 4 P.M. today under the heading, "Legal implications of the
construction of the barrier in Palestinian occupied territory."
The
court has ruled that on the basis of the material available to it, "[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."
In support of Judge
Buergenthal's opposition, the Dutch Judge, Pieter Kooijmans, rejected the
call for all countries to act against the project.
The
International Court in the Dutch capital, The Hague, was asked to
deliberate on the issue of the security fence by a United Nations General
Assembly resolution of last December, and its decision will be presented
to the world body.
Prior to the release of the decision, Israeli
sources said they were unsure of the court's ruling. However, European
sources said that on the basis of information available to them, the legal
opinion would be "negative and critical" of Israel.
PA Chairman
Yasser Arafat yesterday said he had full confidence in the International
Court. "I believe the court in the Hague is capable of stopping the
construction of the fence that damages our people," he said in
Ramallah.
For its part, the Defense Ministry has carried out
changes on the official map delineating the route of the fence according
to the ruling of the High Court of Justice. The changes run along the
section of the fence northwest of Jerusalem, and in parts near Qalqilya,
Modi'in and southeast of Jerusalem near Gush Etzion.
According to
the map made public by the Ministry of Defense, there are many changes
from the original route of the fence, and all are meant to alleviate the
pressure on the Palestinian population in those areas.
However, the
new map also shows the intention to build the fence around the Ariel
salient, linking the largest settlement in the West Bank, with Karnei
Shomron and Immanuel, to the Green Line.
Israel and the Palestine
Liberation Organization have prepared their public relations and
diplomatic offensives in anticipation of the decision. The PLO
representative in the United Nations, Nasser al-Qidwa, and diplomats from
Arab countries at the UN, plan to request an emergency session of the
General Assembly where the results of the court's decision will be
presented.
It is expected that the Palestinians will seek operative
application of the court's conclusions, in case Israel refuses to adopt
the recommendations of the International Court.
Israel has already
prepared its response, assuming that the court will be critical of Israel.
Israel will seek to block the issue from reaching the Security Council,
with the assistance of the United States. Israel is also hoping that most
EU countries will not support the Palestinian move as they opposed
bringing the matter before the ICJ.