 |
 |
 |
|
|
Part of the barrier wall protecting Jerusalem to the east, near the village of Abu Dis. (AP)
|
|
|
|
|
|
| By Ellis Shuman February 13, 2004 |
|
| |
Israel will not participate in the oral hearings on the legality of the security fence at the International Court of Justice (ICJ) in The Hague this month, a ministerial committee headed by Prime Minister Ariel Sharon decided yesterday. The committee said the court has no authority to discuss the fence; Israel will suffice with its already submitted written affidavit. The Palestinians called Israel's decision an admission of guilt.
"The ICJ has no authority to discuss the terrorism prevention fence since it concerns Israel's basic right of self-defense," a statement issued by the Prime Minister's Media Adviser said. The ministers made their decision based on recommendations from officials in the Foreign and Justice Ministries, and after consideration of the positions of other countries, including the United States, Great Britain, Germany and Australia, which have also determined the court has no jurisdiction in the case.
Israel submitted a 124-page brief to the court, which stated that the ICJ does not have jurisdiction to rule in this case, and that Israel has a fundamental right of self-defense. Some thirty other countries also presented written arguments against the court hearing.
"After having examined all the written statements that were submitted by other countries, Israel does not feel it has anything to add," said Foreign Ministry legal adviser Alan Baker.
Sharon's adviser, Zalman Shoval, said earlier Thursday that "the court should not be consigned to rule on political issues and this is clearly a political issue."
Oral arguments are due to begin on February 23. An ICJ spokesman said the proceedings would take place whether Israel participated or not.
The ministers who participated in Thursday's meeting were Sharon; Foreign Minister Silvan Shalom; Defense Minister Shaul Mofaz; Finance Minister Binyamin Netanyahu; Justice Minister Yosef (Tommy) Lapid; and Industry, Trade, and Labor Minister Ehud Olmert. Only Lapid favored presenting oral arguments to the court, saying that Israel should not leave the very public playing field to the Palestinians. Other Justice Ministry officials also thought Israel should have a representative participating in the court proceedings, Army Radio reported.
The Palestinian Authority said in response that Israel's decision to boycott the court hearings was an admission of guilt, Haaretz reported. "This is a recognition that the Israelis cannot face the international community and international law and justice," said Nabil Abu Rudeineh, an adviser to Palestinian Authority Chairman Yasser Arafat.
Israeli officials said that if only the Palestinians and Arab countries participate in the hearings, it would come across clearly as an anti-Israel demonstration that won't add to the prestige of the ICJ, ynet reported.
The officials added, however, that Israel was not boycotting the court. "The fact that we submitted written arguments was proof that we recognize the legitimacy of this international institution," they said.
The Foreign Ministry has said it will send spokespeople to the court. The Israeli rescue service ZAKA plans to display the mangled skeleton of the Jerusalem bus destroyed in the suicide bombing attack on January 29 outside the court to illustrate the threat of terrorism. And dozens of Israelis are expected to fly to the Netherlands to participate in demonstrations, media sources reported.
|
|
 
|
|
|
|
Click on the blue headline to read a Talkback comment and respond to it. Click on the  icon to send a private email to the talkback writer. The icon appears only if the writer has decided to be contacted. If no popup window appears, please make sure your popup blocker allows israelinsider.com.
|
|
| |
|
|
