EU Objects to Hague Rulings on Israel's Anti-Terror Fence

By Joel Leyden

Jerusalem---January 31.....Israel welcomed EU and US opposition to the world court taking up deliberations on the legality of Israel's security fence.

Israeli Foreign Minister Silvan Shalom "praised the positions of the United States, the European Union and other states which expressed reservations on the right of the International Court of Justice to hear this case."

"Foreign Minister Shalom hopes the court will decline to discuss the legality of the security fence, which is a political question," an Israeli Foreign Ministry spokesperson said.


13 Israeli civilians were murdered, over 50 wounded in Thursday's Jerusalem bus terror attack.
Security officials state that the anti-terror fence would prevent or dramatically reduce these acts of barbarism.

In Washington Friday, spokesman Richard Boucher said the State Department had filed a brief with the ICJ in The Hague saying the UN referral could damage Middle East peace efforts and set a dangerous precedent. He said the continuing US view is that the "referral is inappropriate and may impede efforts to achieve progress towards a negotiated settlement between Israelis and Palestinians.

A senior State Department official later said the UN General Assembly decision to send the matter to the ICJ would bode ill for the future.

"This is a very unusual referral and we're concerned that if the court accepts the case it could open the door" for spurious complaints, the official said on condition of anonymity.

Irish Foreign Minister Brian Cowen, whose country currently holds the EU presidency, on Friday reaffirmed Brussels opposition to the hearing, although the bloc is also adamantly opposed to the barrier.

Israel has illustrated that the anti-terror fence was designed to prevent attacks on its soil, such as the suicide bombing of a bus in Jerusalem on Thursday which murdered 13 people.

Israel formally submitted a written challenge Friday to the right of ICJ to rule on the barrier.

Attorneys for the Foundation for the Defense of Democracies (FDD) yesterday submitted a "Friend of the Court" brief to the International Court of Justice (ICJ) in The Hague regarding Israel's construction of a "Terrorism Prevention Security Barrier" along the West Bank.

The ICJ is to hold hearings on the issue beginning Feb. 23rd. Those hearings are to conclude with an "advisory opinion" to the UN General Assembly.

A cover letter noted that the FDD, as an organization that researches policies to defend democracies against terrorism and promote freedom against anti-democratic ideologies, is uniquely able to furnish the ICJ with information on the issue of Israel's Terrorism Prevention Barrier. The FDD's brief argues that as a matter of international law the ICJ should not consider or rule on this matter - that to do so will both politicize the ICJ and damage possibilities for a renewal of the peace process under the internationally accepted "Road Map."

The United States and Britain also have submitted documents arguing that the IJC does not have jurisdiction and should decline to rule.

In addition, the FDD takes the position that the Israeli government has both a right and an obligation to protect its citizens - Jewish, Christian and Muslim alike - from terrorist attacks, and that the building of this barrier would accomplish that in a non-violent manner.

The brief argues that the ICJ should not disregard "the fundamental principles of international law and justice upon which the United Nations is rooted," and that it should "affirm the rights of the people of Israel to be secure and free from terror."

What's more, the terrorism prevention barrier can benefit the Palestinians because with it in place, Israel's re-occupation of West Bank cities and towns will no longer be necessary. Tanks, troops, checkpoints and roadblocks will be removed as terrorism declines. Under such circumstances, the chances for renewed negotiations leading to a settlement can increase.

The Foundation for the Defense of Democracies is a non-profit, non-partisan organization which was founded immediately after the attacks of September 11, 2001 to conduct research and education on global terrorism - the most serious security threat to the United States and other free, democratic nations. FDD is committed to the expansion and development of emerging democracies, and the protection of the principles and processes of democracy.

Heideman Lezell Nudelman & Kalik, P.C. a Washington based law firm, which handles domestic and international corporate, business, litigation and victims rights matters, serves as counsel to the Foundation for The Defense of Democracies and submitted, on behalf of FDD, the Brief filed today at The International Court of Justice at the Hague

Following Thursday's barbaric Palestinian terror bombing of a civilian bus in Jerusalem, Israeli troops on Saturday briefly reentered Bethlehem a day after entering a nearby refugee camp to dynamite the home of a suicide bomber who struck murdered 13 people and wounded over 50.

In Cairo, Egyptian President Hosni Mubarak said Israeli Prime Minister Ariel Sharon was ready to resume negotiations with the Palestinians to bring an end to their 40-month uprising, but that they were hesitant to do so.

Sharon "told me he was ready to restart (the negotiations), but that the Palestinians were hesitant," Mubarak said on national television.

Mubarak said he has also spoken with the Palestinian leadership Friday, encouraging it to come back to the negotiating table.

The IDF briefly moved into Bethlehem early Saturday, a day after carrying out a similar operation, which followed a suicide bombing in Jerusalem, an army spokesman said. No shooting was heard as the column of around 20 vehicles, including trucks, drove into the Biblical town.

A spokesman later said "our forces withdrew from Bethlehem after a brief, pinpointed operation."

On Friday, the army entered the West Bank town for the first time since last summer before pulling out.

Separately, a wanted Palestinian terrorist was shot and wounded before being arrested in the Balata refugee camp near Nablus, in the northern West Bank, Israeli and Palestinian sources said.

And in Beirut, the leftist As-Safir daily said Hezbollah and German mediators were making moves to kickstart the second phase of a prisoner swap with Israel. They have formed two committees to capitalize on Thursday's swap, in which hundreds of Palestinians and Arab prisoners were freed in exchange for an Israeli businessman and the bodies of three soldiers, the paper said.

Israeli security sources have stated that the anti-terror fence would not have been needed had there been no Palestinian terrorism against innocent Israeli civilians. "The fence is not a border. The border will be determined by negotiations," the Israeli Foreign Ministry said.

Israeli officials have repeated that Palestinians will not be cut off from their fields, places of commerce and urban centers.

"The terrorists target their victims for death. Death is irreversible," said an Israeli Foreign Ministry spokesperson. "Inconveniences caused by the anti-terror fence are reversible."

Israeli officials all agree that the right to live free from terrorism must take precedence.

A legitimate temporary security measure, the fence will help to end terror and restore calm - steps that are necessary for renewing the peace process.

More than 950 people were murdered in attacks carried out by Palestinian terrorists since late September 2000.

Thousands of Israelis have been injured, many of the victims maimed for life. Palestinian terrorists, supported by Saudi Arabian, Syrian and Iranian money and logistics, have infiltrated Israeli cities and towns and carried out attacks - including suicide bombings - on buses, in restaurants, shopping malls, and even private homes.

No other nation in the world has before this time faced such an intense wave of terror, especially in the form of suicide bombings.

In almost all of the cases, the terrorists infiltrated from Palestinian areas in the West Bank. The Palestinian leadership has done nothing to stop them and has even encouraged them.

As a result of the unceasing terror, Israel decided to erect a physical barrier. The absence of such a barrier makes infiltration into Israeli communities a relatively easy task for terrorists. No terrorists have infiltrated from the Gaza Strip into Israel in recent years, because an electronic security fence already exists there.

The Government of Israel has stated consistently that it has an obligation to defend its citizens against terrorism. This right of self-defense is anchored in international law.

The security fence will not annex Palestinian lands, change the legal status of the Palestinians, nor prevent the Palestinians from going about their daily lives. It will not establish a border, which is to be determined by direct negotiations between Israel and the Palestinians.

Despite the many pictures being shown in the international media of a tall concrete wall, more than 97% of the planned 720 km. (480 mile) security fence will consist of a chain-link fence system. Less than 3% of the fence will be constructed of concrete. The short concrete sections are intended not only to stop terrorists from infiltrating, but also to block them from shooting at Israeli vehicles traveling on main highways alongside the pre-June 1967 line.

The security fence forms a strip approximately the width of a four-lane highway. At its center is the chain-link fence that supports an intrusion detection system. This technologically advanced system is designed to warn against infiltrations, as is the dirt "tracking" path and other observation tools.

The decision to build the security fence was taken only after other options were tried, but failed to stop the deadly terrorist attacks.

Despite its numerous commitments, the Palestinian Authority has failed to fight terrorism. The obligations that were violated by the Palestinian Authority were contained in the Oslo Accords and subsequent agreements, as well as in the Roadmap that was presented to the sides in May 2003.

Had there been no terrorism, Israel would not have been compelled to build a fence to protect its citizens.

The Palestinians must dismantle the terrorist organizations, confiscate weapons, arrest the planners and perpetrators of terrorist acts, stop incitement and resume security cooperation with Israel; all these steps are required by the Roadmap. These measures are imperative for renewing the peace process.

The route of the fence has been determined solely on the basis of security needs and topographical considerations.

The fence is being built in such a way that, if necessary, the relevant parts can be moved to different locations. In this context, it will be remembered that when Israel withdrew from southern Lebanon, in fulfillment of UN Security Council Resolution 425, the UN delineated the border between Israel and Lebanon. Israel moved its security fence, sometimes only a few meters, to comply with the new border.

Israel has made the use of public lands a priority in building the security fence, in order to avoid, as much as possible, the use of private lands. If this is not possible, then private land is requisitioned, not confiscated, and it remains the property of the owner. Legal procedures allow every owner to file an objection to the use of their land. When private lands are used, owners are offered full compensation, in accordance with the law; this compensation is offered both as a lump sum and also on a monthly basis.

In addition to its efforts to ensure the security of its citizens, Israel attaches considerable importance to the interests of the local Palestinian residents. Israel recognizes the necessity of finding an appropriate balance between the imperative need to prevent terrorism and defend its citizens, and the humanitarian needs of the Palestinians.

Most Palestinians will be on the eastern side of the fence. They will not be cut off from their commercial and urban centers.

No Palestinians will have to relocate. Israel will make every effort to avoid causing hardship and interference with their daily lives.

Dozens of crossing points have been set up to enable the movement of people and goods. The security fence was located, to the greatest possible degree, on unused land to avoid harming agriculture. Palestinian farmers will have access to their fields and will reach them through special gates that are being built into the fence. Trees affected by the construction will be replanted.

The security fence has only one purpose: to keep the terrorists out and thereby save the lives of Israel's citizens, Jews and Arabs alike.

Israeli defense and foreign ministry officials have stated that the anti-terror fence is not an obstacle to peace, as the Palestinians are trying to portray it. In fact, by providing a barrier to terrorism, it will help restore quiet to the region and thereby increase the chances of achieving peace. It will not create permanent facts on the ground that will affect the outcome of negotiations.

The Palestinians seek to blame Israel, the victim of terrorism that is taking a purely defensive measure. Moreover, they ignore the hundreds of innocent victims murdered by Palestinian terrorism emanating from the West Bank. There would have been no need for a security fence had there not been an orchestrated campaign of terrorism that targets Israeli men, women and children for death. Death is permanent. It is irreversible. The inconvenience caused to Palestinians by the security fence is temporary and reversible, once terrorism stops and peace is achieved.

View footage from Thursday's terror suicide bombing attack on a Jerusalem bus.
Click Here
WARNING - Video contains very graphic footage.

With AFP

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