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"The Court cannot accept the view... that it has no jurisdiction because of the 'political' character of the question posed..." judge Shi Jiuyong said
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OCCUPIED
JERUSALEM, July 9 (IslamOnline.net & News Agencies) - Defiant
Israel said Friday, July 9, it would ignore the International court of
Justice’s (ICJ) ruling that the separation wall is illegal and
should be removed.
The
Palestinians, however, called the ruling, backed by a 14-1 vote with
the lone dissenter US judge Thomas Buerghenthal, a "historic
decision" issued by the UN highest judicial authority.
The
European Union also hailed the ruling, again urging Israel to take
down the wall that encroaches on Palestinian lands, but the United
States - which had earlier killed off many UN draft resolutions
condemning Israel for the wall - considered it not
"appropriate".
"Israel
has no reason to submit to a plainly absurd decision which pays no
account to the role of the security fence in the fight against
terrorism," a senior Israeli government official told Agence
France-Presse (AFP) on condition of anonymity.
Israeli
government spokesman Avi Pazner claimed the ICJ had "no
jurisdiction" to rule over the wall and said that it should only
come up for debate after Israel's planned pullout of the Gaza Strip is
completed next year.
With
the only voice of opposition coming from the US judge, Washington -
which had blocked Security Council draft resolutions condemning
Israel, called the ICJ’s ruling inappropriate.
"We
don't believe it is appropriate that this came out in that
venue," White House spokesman Scott McClellan told reporters en
route to a campaign event by US President George W. Bush in
Pennsylvania.
"We
believe it is a political issue," McClellan said, as Bush is
facing an uphill Presidential battle to win over the influential
Jewish community for the November vote.
Rebuffed
But
the ICJ President judge Shi Jiuyong of China rebuffed the Israeli and
US claims, saying the court had the jurisdiction to give a non-binding
advisory opinion requested by the UN General Assembly.
"The
Court cannot accept the view... that it has no jurisdiction because of
the 'political' character of the question posed..." he said.
"The court accordingly has jurisdiction to give the advisory
opinion."
The
body said in a much-anticipated
verdict that the "the construction of the wall
being built by Israel, the occupying Power, in the Occupied
Palestinian Territory, including in and around East Jerusalem, and its
associated regime, are contrary to international law".
It
added that Israel should pay compensation to Palestinians whose
property had been damaged by the construction work.
Even
before reports of the verdict emerged, the Israeli government had made
clear it had no intention of halting construction work which is due to
be completed by the end of next year and should eventually stretch for
some 700 kilometers (430 miles).
"Historic"
Palestinian
officials called the ruling "historic" and a victory for
"international legitimacy".
"This
is an historic day and an historic decision that has been delivered by
the world's highest legal authority," Palestinian Prime Minister
Ahmed Qorei told a press conference in his West Bank offices.
"The
court has said to the world, to Israel and to the United States, that
the wall is illegal as it is built on other people's land, on occupied
territory."
Palestinian
President Yasser Arafat's chief aide weighed in, saying international
sanctions should be imposed on Israel after the world court’s
ruling.
"The
decision of the court is a victory for the rights of Palestinians and
for international legitimacy," Nabil Abu Rudeina told AFP.
"This
decision will lead to the isolation of Israel, and the international
community should impose sanctions against Israel, for it is violating
the law and international relations."
"Particularly
Concerned"
Meanwhile,
the European Commission again urged Israel to take down the separation
wall as the verdict of the world court was read on.
"As
you know, the EU has stated in numerous occasions that it is
particularly concerned by the route marked out (..) in the occupied
West Bank, which is in departure of the armistice line of 1949 and is
in contradiction to the relevant provisions of international
law," a spokesman for the European Union executive said.
Outside
the legal aspects of the case, the European Union "is concerned
that the envisaged departure of the route from the green line could
prejudge future negotiations and make the two-state solution
physically impossible to implement."
"Therefore,
the EU continues to call on Israel to remove the barrier from inside
the occupied Palestinian territories, including in and around East
Jerusalem," the spokesman said, noting that the commission was
"particularly concerned at the negative effect of the barrier
causing humanitarian and economic hardships to the Palestinians."
The
15-member court's advisory opinions are nonbinding but bear moral,
historic and political weight, the International Herald Tribune
reported Friday.
The
court already called for the UN General Assembly and Security Council
to take action to halt the construction work.
Palestinians
have accused Israel of seeking to pre-empt the boundaries of any
future two-state settlement to their bloody conflict with the wall,
which takes the form of both a fence and a concrete wall at times.
The
600km-long separation wall will cut occupied Jerusalem off from the
rest of the West Bank. It will eventually snake some 900 kilometers
(540 miles) along the West Bank and leave even larger swathes of its
territory on the Israeli side.
The
ruling came after Israel's Supreme Court ordered the
government Wednesday, June 30, to change a large section
of its West Bank controversial separation wall, saying the current
route violates the human rights of the Palestinian population.
According
to a report by the UN Office for the Coordination of Humanitarian
Affairs (OCHA) with the competition of the wall, 30 percent of the
West Bank population, or some 680,000 people, will be "directly
harmed."
Last
October, the UN General Assembly overwhelmingly passed a resolution,
demanding Tel Aviv to "stop
and reserve" the construction of its separation
wall.
Another
UN report underlined that the controversial barrier constitutes illegal
annexation of Palestinian territory.
However,
the defiant Israeli government of Ariel Sharon approved
last October a new 100-million-dollar section of
the controversial barrier.