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January 9, 2004/Tevet 15 5764, Vol. 56, No. 16
Israel preps for world court
GIL SEDAN
Jewish Telegraphic Agency
JERUSALEM - Israel's controversial West Bank security barrier may drag the country into one of its most difficult legal challenges ever.
The International Court of Justice will convene at The Hague on Feb. 23 to discuss a question posed to it by U.N. Secretary-General Kofi Annan: "What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory?"
The possible answer has resulted in sleepless nights for policy makers and legal experts in Jerusalem. The fear is that the court will issue an advisory opinion that the fence violates international law by establishing unilateral facts in "militarily occupied ter-ritories," thus breaching basic human rights.
The International Court of Justice is the principal judicial organ of the United Nations. The court comprises 15 judges elected to nine-year terms of office.
Though the judges are independent magistrates and do not represent their countries, no one in Israel expects judges like Awn Shawkat al-Kawassmeh, a Palestinian from Jordan, and Egyptian Nabil Elaraby to show sympathy for the Israeli cause.
The court won't deal only with the fence. Arab countries may try to seize the opportunity to put Israel's entire occupation of the West Bank and Gaza Strip on trial.
The proceedings could trigger more than debate on the borders of Israel, which have never been defined legally. If the opinion goes against Israel, it could lead to international sanctions.
Israel's defense before the court will be based on two levels. The team first will argue that a loaded political issue such as the Israeli-Palestinian conflict cannot be dealt with in a judicial way and will demand that the court disqualify itself from the issue.
The court most likely will reject that demand. Israel then will argue that construction of the fence is a legitimate act of self-defense that does not create an unalterable political reality in the disputed territories - especially as Israel and the Palestinians are trying to revive peace talks.
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