Good example of why we don't want to be tied into the IJC.
w w w . h a a r e t z d a i l y . c o m
Last update - 08:23 11/01/2004
U.S. shares Israel's concerns about Hague fence talks
By Aluf Benn and Arnon Regular
The U.S. is privy to Israel's concerns about the upcoming discussions on the security fence at the International Court of Justice (ICJ) in The Hague. American officials believe these anticipated discussions will set a negative precedent, and politicize international law.
The U.S. government is currently considering its steps on the international court hearings. It is leaning toward submitting a brief of its position on the case, and perhaps even taking part in the discussions, Israeli sources say.
The UN General Assembly decided last month to ask the ICJ to rule on the "legal implications of the construction of a wall on conquered Palestinian land." Israeli officials are working on the assumption that the ICJ verdict will be hostile to Israel and the Sharon government is currently making preparations for a legal, diplomatic and public relations battle designed to deny that the ICJ has authority to reach a decision on the separation fence.
For its part, the Palestinian Authority has retained international legal authorities to represent its opposition to the fence at the international court discussions. The PA has formed a large team of legal experts: the panel will be headed by the PLO's UN observer Nasser al-Kidwa, and one prominent member will be Dr. Anis al-Qassem, an expert on international law of Palestinian origin who now lives in Jordan and was involved in the drafting of the PA constitution.
Palestinian sources indicate that the team is already preparing presentations to the ICJ and that it is receiving logistical and research support from the PLO's "Negotiations Department," which operates in Ramallah under the supervision of PA minister and veteran negotiator, Saeb Erekat.
Alan Baker, legal adviser to Israel's Foreign Minister, met last Thursday in Washington with U.S. State Department Legal Adviser William H. Taft IV. Both participants agreed on the possible dangers of the ICJ discussions. The hearings "would create a bad precedent," Israeli officials insist.
Baker was informed at the meeting that the Americans are currently formulating strategies for the ICJ discussions and are considering turning to other countries for support. Israel is already trying to persuade other countries to support its position: One Foreign Ministry official recently traveled to Australia, which voted in the UN against taking separation fence discussions to the Hague.
This Wednesday, Prime Minister Ariel Sharon will meet with a special steering committee that has been formed to handle Israel's affairs in the "fence trial" in The Hague. The panel is headed by Sharon's bureau chief Dov Weisglass. |
