UN members want wall demolished: ICJ judgement lauded
By Masood Haider
UNITED NATIONS, July 17: Most speakers at the UN General Assembly's debate on the Israeli separation wall around the West Bank called on member states on Friday to adopt a resolution asking Tel Aviv to dismantle the wall
, as it has been declared illegal by the International Court of Justice (ICJ).
The assembly met at the request of the Arab group which sought emergency special session of the UN council to discuss the Palestine situation after the ICJ ruling.
Last week, the ICJ the UN's principal judicial organ - issued an advisory opinion saying the separation barrier was illegal and that its construction must stop immediately.
Speaking at the outset of the debate, the Permanent Observer of Palestine, Mr Nasser Al-Kidwa, said the ICJ's advisory opinion constituted a strong, clear and comprehensive determination of applicable rules of the international law, as well as legal obligations that had arisen from breaches of that law committed by Israel as a result of its construction of the separation wall.
He said that a draft resolution before the Assembly had a two-fold purpose: acceptance of the advisory opinion and a call for compliance with international legal obligations from Israel and from other member states. In the event of non-compliance, states must be ready to undertake actions consistent with their legal obligation, including actions against all settlement activities as well as sanctions against companies or entities involved in the wall's construction.
An UNGA vote, like the court opinion, is not legally binding. Only the UN Security Council can order the barrier to be torn down or impose sanctions, but the United States - Israel's main ally - would almost certainly use its veto power to block any such resolution.
Mr Al-Kidwa said it was not too early to start thinking about sanctions to end Israel's settlement activities because of Israel's negative response to the ICJ's ruling. Defying the ICJ ruling, Israeli Prime Minister Ariel Sharon ordered construction of the barrier to be continued.
Pakistan rejected the construction of wall by Israel in the occupied Palestinian Territory, and declared that the use of force or separation walls or wire fences had never been able to crush the legitimate aspirations of the people under occupation.
In his speech the charge d'affaires of Pakistan Mission to the UN Aizaz Ahmed Chaudhry observed that Israel and indeed all other states which are in occupation of foreign territories and peoples, have no legal or moral ground to construct such walls and fences in territories under their occupation.
Ambassador Zeid Ra'ad Zeid Al-Hussein of Jordan, speaking on behalf of the Arab Group of states, said his delegation was planning to circulate a draft resolution with the aim of not only having the assembly react positively to the ICJ's opinion but to see that the ruling's salient points were reprinted in any subsequent resolution. By supporting the court's opinion, the Assembly would show the world that despite realities of political power and expedience, justice, when sought, could be found.
Ambassador Dan Gillerman of Israel said his country, together with "a large number of states," had not supported the request for the ICJ's advisory opinion because the initiative was "counterproductive and harmful." The General Assembly had acted what he called wrongly, politicizing the court and turning a judicial organ into an actor on the political stage. Now, all those states that had expressed concern about the misuse of the ICJ must be wary of allowing the process to dictate the international agenda, he said.
Ambassador Paul Badji of Senegal, speaking as the Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, said the ICJ judgment was historic and, if applied fully in good faith, would set the course for the international community to help re-launch negations between the two sides towards implementation of the roadmap of peace plan.
Moreover, the committee would reaffirm the continued leading role of the United Nations in efforts to resolve the Palestinian-Israeli conflict until the objectives of the roadmap were attained.
Speaking on behalf of the nonaligned movement, Ambassador Mohd Radzi Abdul Rahman of Malaysia said the bloc maintained that a just, lasting and comprehensive settlement to the Israeli-Palestinian conflict could only be ensured on the basis of relevant Security Council resolutions.
The General Assembly must muster the political will necessary to respond to the present situation and its adoption of the draft resolution would send a strong and clear message to Israel and express solidarity with the Palestinian people, he said.
Ambassador Dirk Jan Van Den Berg of the Netherlands, speaking on behalf of the European Union, said the union, while recognizing Israel's right to protect its citizens from terrorist attacks, had demanded that Israel stop and reverse its construction of the wall inside occupied Palestinian territory, including in and around east Al Quds, as it was in contravention of relevant provisions of international law.
