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The ICJ and the Israeli Security Fence
The Foundation for the Defense of Democracies ^ | July 8, 2004 | Cristiana Brafman and Jonathan L. Snow

Posted on 07/09/2004 6:53:14 PM PDT by quidnunc

• The International Court of Justice in The Hague (ICJ or UN Court) issued an opinion on July 9, 2004 on the legality of Israel's Security Fence.  The ICJ ruling is advisory and not legally binding. 

• The court decided that it has jurisdiction to issue a ruling and ruled that Israel's construction of the fence is illegal and must be halted.  The court based its decision on an outdated route of the fence and did not take into consideration the threat that Palestinian terrorism poses to Israeli security.  The ICJ has never issued a ruling that condemns terrorist attacks against Israeli citizens.

• Judge Buergenthal, the American representative to the court, issued a dissenting opinion arguing that the court's ruling cannot be justified as a matter of law.  The American judge criticized the decision for failing to take into account the “repeated deadly terrorist attacks in and upon Israel … to which Israel has been and continues to be subjected.”  

• The American judge argued that the decision did not deal sufficiently with information “bearing directly on Israel's legitimate right of self-defence, military necessity and security needs” which would be required to make an educated ruling on the legality of the fence.  He criticized the decision for not seriously examining these terrorist attacks and Israel's security needs — instead relying on a dossier provided by the UN which “barely touches on that subject.”.  Judge Kooijmans of the Netherlands also agreed that the court did not sufficiently weigh the security concerns to Israel caused by Palestinian terrorism.

• The White House stated that it was "inappropriate" for the ICJ to issue a ruling.

• The European Union collectively and 30 individual countries, including the United States, Australia, Canada, France, Germany, Russia and Great Britain have objected to the ICJ's claim of jurisdiction.  The International Court is only empowered to resolve disputes between sovereign states — and only when requested by the states who are parties to the dispute. Neither condition has been met in this case.

• Israeli President Moshe Katsav also has stated that Israel does not recognize the jurisdiction of the ICJ in this matter, and will therefore reject its decision.

-snip-

(Excerpt) Read more at defenddemocracy.org ...


TOPICS: Editorial; Foreign Affairs; Israel; War on Terror
KEYWORDS: border; goodfence; israel; moat; securitybarrier; wall; zionist

1 posted on 07/09/2004 6:53:15 PM PDT by quidnunc
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To: quidnunc

Israel: "The World Court has ruled, now let them enforce it!"


2 posted on 07/09/2004 6:56:43 PM PDT by COEXERJ145
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To: quidnunc

Not Legally binding.

It would have been fun to see the World Court try to force Israel to do anything. Who would they send...The UN....The French??!!

Israel seems intent on being its own boss. It would be wise for folks like the World Court and the UN to stop pushing their luck.


3 posted on 07/09/2004 7:10:23 PM PDT by ArmyBratproud
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To: quidnunc
login user: holinsux
password: demosux

Can headline html be fixed, thanks

4 posted on 07/09/2004 7:10:39 PM PDT by feedback doctor (My dear liberals, It seems someone really needs to quote Dick Cheney to you)
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To: quidnunc
butted in

OK now But out!

what a piece of work
5 posted on 07/09/2004 7:21:33 PM PDT by heavenbound (Your beyond help only Jesus can save you now)
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tt


6 posted on 07/09/2004 7:59:00 PM PDT by heavenbound (Your beyond help only Jesus can save you now)
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To: quidnunc

Security Fences Around the World:

INDIA/PAKISTAN
1800 KLM.Kashmir. Barbed wire, 25' high floodlights.

SAUDI ARABIA/YEMEN
partially construced, temporary halt.

KYRGYZSTAN/UZBEKISTAN
Constructed in 1999 after bomb attacks by islamists on the Uzbek capital.

NORTHERN IRELAND
In the 1970's, a series of separation fences known as 'Peace Lines' 12' in height were constructed.

INDIA/BANGLADESH
A fence complete with floodlights is under construction to protect Indian citizens..

THAILAND/MALAYSIA
Announced plans in April 2004 to be build a concrete fence to keep terrorists and smugglers out..

TURKISH CYPRUS/GREEK CYPRUS
An 180 klm 'buffer zone' cuts the island in half.

KUWAIT/IRAQ
An electrified fence, braced by a 15' wide and 15' deep trench...in January 2004, Kuwait decided to install a new 217 klm iron seperation barrier as well..

NORTH KOREA/SOUTH KOREA
The DMZ is the most heavily fortified border in the world.

US/MEXICO
Under the Clinton Adminsitration instituted two new programs... These programs included the construction of miles of reinforced fencing, supported by floodlights, infrared scopes and underground sensors.

BOTSWANA/ZIMBABWE.
a 10'high electrified fence.

SPAIN/MORROCO
In 2000, the European Union helped finance a STG200 million razor wire border between the Spanish enclave of Ceuta and Morroco.

Whoops! I almost left out Israel. As for as I'm concerned, they can't build it quick or high enough.
The International Court of Justice is going to be awfully busy. The fences are going up quicker than I can say "good fences make good neighbours.'


7 posted on 07/09/2004 8:00:46 PM PDT by Fred Nerks (Understand Evil. Read THE LIFE OF MUHAMMAD free pdf. Click Fred Nerks for link.)
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To: quidnunc; SJackson; yonif; Simcha7; American in Israel; spectacularbid2003; Binyamin; ...
'Ping!'





If you'd like to be on or off this
Christian Supporters of Israel ping list,
please FR mail me. ~
  -  -
MikeFromFR ~
There failed not ought of any good thing which the LORD had
spoken unto the house of Israel; all came to pass. (Joshua 21:45)

Letter To The President In Support Of Israel ~
'Final Solution,' Phase 2 ~
Warnings ~
8 posted on 07/09/2004 9:58:31 PM PDT by Salem (FREE REPUBLIC - Fighting to win within the Arena of the War of Ideas! So get in the fight!)
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To: quidnunc
The UN's bias clearly shows that they are a circus not a court.


9 posted on 07/10/2004 12:02:06 AM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: Salem

Thanks for the ping.


10 posted on 07/10/2004 1:05:29 AM PDT by SirLurkedalot (God bless our Veterans!!! And God bless America!!!)
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To: quidnunc
The European Union collectively and 30 individual countries, including the United States, Australia, Canada, France, Germany, Russia and Great Britain have objected to the ICJ's claim of jurisdiction.

I never thought I'd see Europe pass up a chance to make Israel cede to the Palestinians. They usually use any thing they can.

11 posted on 07/10/2004 9:45:55 AM PDT by massiveblob
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To: Salem; American in Israel
As if on cue...

Torah.org - The Judaism Site

July 9, 2004, 20 Tamuz, 5764.
Torah Portion: Pinchas Numbers 25:10-30:1, Haftorah: Jeremiah 1:1-2:3.
http://www.torah.org/

Numbers contains 'dividing the Land by lot' (to the Tribes) and the Haftara from Jeremiah contains the 'boiling pot,' the nations setting their 'thrones' against the gates of Jerusalem.

Jeremiah 1

13 And the word of the LORD came to me the second time, saying, "What do you see?"
And I said, "I see a boiling pot, and it is facing away from the north."

14 Then the LORD said to me:
"Out of the north calamity shall break forth
On all the inhabitants of the land.
15 For behold, I am calling All the families of the kingdoms of the north," says the LORD;
"They shall come and each one set his throne
At the entrance of the gates of Jerusalem,
Against all its walls all around,
And against all the cities of Judah.

16 I will utter My judgments
Against them concerning all their wickedness,
Because they have forsaken Me,
Burned incense to other gods,
And worshiped the works of their own hands.

17 "Therefore prepare yourself and arise,
And speak to them all that I command you.
Do not be dismayed before their faces,
Lest I dismay you before them.
18For behold, I have made you this day
A fortified city and an iron pillar,
And bronze walls against the whole land--
Against the kings of Judah,
Against its princes,
Against its priests,
And against the people of the land.
19 They will fight against you,
But they shall not prevail against you.
For I am with you," says the LORD, "to deliver you."

Oy vey!!!

12 posted on 07/10/2004 1:20:24 PM PDT by Jeremiah Jr (Where is Samson?)
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