THE HAGUE, July 9: The World Court on Friday delivered a sweeping indictment of Israel's controversial barrier in the occupied West Bank, declaring it illegal and calling for parts to be torn down.
In a ruling hailed by the Palestinians but rejected out of hand by Israel, the International Court of Justice (ICJ) said if the barrier became permanent it would be tantamount to a "de facto annexation" of occupied land.
The court said in the non-binding ruling that the barrier violated international humanitarian law. It called on the UN Security Council and General Assembly to stop its construction.
But the United States, which has vetoed Security Council resolutions against the Jewish state in the past, dismissed the court's intervention and an American judge on the 15-member panel did not back the ruling.
Israel was forthright in its rejection of the ruling, saying not one Palestinian suicide bomber had managed to slip into the Jewish state wherever the barrier had already been constructed.
"They can say the earth is flat. It won't make it legal, it won't make it true and it won't make it just," Israeli Finance Minister Binyamin Netanyahu told Britain's Sky television.
The court's head judge, Shi Jiuyong of China, said in the ruling: "The wall ... cannot be justified by military exigencies or by the requirements of national security or public order.
"The construction ... constitutes breaches by Israel of its obligations under applicable international humanitarian law. Israel is under an obligation ... to dismantle forthwith the structure," he said.
Israel says the barrier is vital to protect its citizens from Palestinian suicide bombers. Palestinians call the barrier, which curves around Jewish settlements, a land grab that robs them of territory they want for a state.
The court acknowledged Israel's duty to protect its citizens but said it must do so within the law and should compensate Palestinians for homes and land lost or damaged by the building of the 100-metre wide strip of walls, ditches and fences.
The ruling said the route of the planned 600-km barrier, which is about a third built, "severely impeded" Palestinian rights to self-rule. "The court considers that the construction of the wall and its associate regime creates a 'fait accompli' on the ground that could well become permanent, in which case ... it would be tantamount to de facto annexation," said the court.
"The court is of the view that the United Nations and especially the General Assembly and the Security Council should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall."
A senior adviser to Palestinian President Yasser Arafat said "as of today Israel should be viewed as an outlaw state". "The next step is to approach the UN General Assembly and Security Council to adopt resolutions that will isolate and punish Israel," said Nabil Abu Rdainah.
Twists and turns of the barrier deviating from the Israel-West Bank boundary have trapped thousands of Palestinians in enclaves cut off from olive and citrus groves, schools, markets, public services and West Bank cities.
A spokesman for US President George Bush brushed aside the ruling, saying the World Court was not the right place to settle the issue. -AFP/Reuters





























