To: Nadine Carroll who wrote (29198 ) 2/12/2004 9:18:04 PM From: LindyBill Respond to of 793896 This figures. Why go before a "court" you know is going to rule against you? Israel Won't Participate in Hague Hearing on Security Barrier By GREG MYRE - NYT JERUSALEM, Feb. 12 — Israel said today that it would not participate in a hearing this month at the International Court of Justice on the legality of the contentious separation barrier that is under construction in the West Bank. The court is to hear oral arguments at The Hague beginning Feb. 23. Sometime after, it is expected to issue a nonbinding ruling on the barrier, which faces fierce opposition from Palestinians and much of the international community. Prime Minister Ariel Sharon's office said in a statement that the court "has no authority to discuss the terrorism prevention fence since it concerns Israel's basic right of self-defense." Israel has built about one-quarter of the winding barrier, which is ultimately expected to amount to more than 400 miles of fencing. Under the current route approved by Mr. Sharon's government, about 15 percent of West Bank land would be on the western, or Israeli side, of the barrier, according to United Nations calculations. Israel says it is essential to preventing Palestinian suicide bombings, and that it cuts into the West Bank to incorporate Jewish settlements. Palestinians argue that barrier's route takes large chunks of land that they are claiming for a future state. Israel submitted written statements to the international court on Jan. 30, and would be entitled, along with the Palestinians and other governments, to make relatively brief oral arguments. But Israel said it does not recognize the court's authority on this matter, and is not required to have representatives in court. An Israeli official, speaking on condition of anonymity, said the court was addressing only "half of the question," adding, "It is looking at Israel's security measures, but not at Palestinian terrorism." However, Israel may send government officials to The Hague to speak to the large media contingent that is expected to cover the case. ZAKA, an Israeli volunteer group that cleans up human remains at suicide bombings, says its members plan to appear at The Hague with a bus that was destroyed in a bombing. The Palestinian Labor Minister, Ghassan Khatib, said Israel's decision not to participate in the oral arguments should not affect the case. "There is a dispute, and it is creating violent confrontations," Mr. Khatib said of the barrier. "We think it is important to exploit any legitimate venue which can strengthen our position." Mr. Khatib said some Palestinians "believe there is no point in trying to take advantage of international law, and that the only way to move toward our goals is through violence." He continued: "Others believe we should use and depend on legal approaches. I think this latter approach should be encouraged." In December, the United Nations General Assembly referred the case to the International Court. A ruling against Israel is highly unlikely to halt construction of the fence. But it could increase international pressure on Israel, and lead to further debate on the issue at the United Nations. Israel is pressing ahead with construction, but is also seeking to make the barrier more palatable to the United States, its strongest ally. President Bush and his administration have criticized Israel's decision to build the barrier in the West Bank. Israel says it is considering adjustments that would bring the barrier closer to the West Bank boundary, but has not provided details. In Gaza City today, thousands of Palestinian marched through the streets in mass funerals for some of the 15 Palestinians killed in gun battles with Israeli troops the day before. Hamas, the Islamic faction that has carried out the largest number of suicide bombings against Israel, called on its cells to launch new attacks in response to the Israeli incursion in Gaza. In the West Bank, Israeli troops shot dead a wanted member of the Hamas faction as he tried to flee arrest in the city of Ramallah, the military said. The military also said it had uncovered a rocket-making operation in Ramallah. Palestinians have been making and firing rockets in Gaza in recent years, but this was the first time that Israel had found such an operation in the West Bank, the military said. The Israeli military also announced that it had upgraded charges against a soldier to manslaughter following the death of a British activist. The soldier, who has not been identified, is accused of shooting the activist, Tom Hurndall, 22, in April in the southern Gaza Strip. Mr. Hurndall was in a vegetative state for nine months and died on Jan. 13. The Israeli soldier was arrested in December and initially charged with intent to cause injury. Copyright 2004 The New York Times Company