Main points of the International Court ruling

By Tali Nir, Haaretz, 11 July 2004

The International Court of Justice in The Hague on Friday declared the separation fence between Israel and the West Bank illegal in every aspect. The Court said Israel could not justify the fence on the grounds of self-defense.

The ruling included a legal examination of international laws, treaties, and agreements and did not limit itself to the legality of the fence but related to the situation of the Palestinians in general.

In this vein, the Court related to the Israeli settlements, stating that they were established illegally according to Article 49 of the Geneva Convention.

The Court said it could not remain indifferent to claims that the fence created facts on the ground that could lead to demarkation and annexation of territories.

The ruling was issued by a majority of 14 justices to one—Thomas Brugenthal of the United States. Brugenthal said the court did not have all the facts and therefore should not have heard the case.

The main points in the ruling are:

• The construction of the separation fence in the territories including East Jerusalem is a breach of international law.
• Israel is under an obligation to cease construction and to dismantle the portions already built.
• Israel should compensate Palestinians harmed by the structure and return property confiscated for its construction.
• All countries are obliged not to recognize the illegal situation it said resulted from the construction of the fence, and not to extend any assistance to preserve the status quo.
• The court recommended that the United Nations General Assembly and Security Council weigh what it called Israel's systematic violations of norms and principles of international law, especially international humanitarian laws, and that it take steps to bring the violations to an end.
• Israel must fulfill its obligations in the framework of international law and international humanitarian law, and must ensure freedom of access to holy sites under its control since 1967.
• The court noted that among the obligations violated by Israeare the right to self determination of the Palestinian people, among those rights defined as erga omnes—the protection of which is in the interest of all countries.
• The Court stressed that the obligation to protect the lives of citizens devolves both on Israel and the Palestinians, that illegal and unilateraactions have taken place on both sides, and that Israel has the right to defend itself in keeping with international law
• The conflict between Israeand the Palestinians can be brought to an end only by applying the relevant UN resolutions and the road map.
• The Court called for a negotiated peace settlement between Israel and the Palestinians that would see the establishment of a Palestinian state as soon as possible.