According to a document obtained by Israeli newspaper Haaretz, The International Court of Justice ruling would state: ”the court is not convinced that the specific course Israel has chosen for the wall was necessary to attain its security objectives.’
Concluding that the separation wall contravenes international law, the court ruling will demand the dismantling of the wall and compensating Palestinians for damage caused.
The decision will be made public at 4 P.M. Friday under the heading, ‘Legal implications of the construction of the barrier in Palestinian occupied territory.’
Fourteen judges voted in favor of the decision, American Judge Thomas Buerghenthal was the only one who opposed the decision.
The court ruling will include the following paragraphs:
# ‘The wall, along the route chosen, and its associated regime, gravely infringe a number of rights of Palestinians residing in the territory occupied by Israel, and the infringements resulting from that route cannot be justified by military exigencies or by the requirements of national security or public order.’ The court ruling
# ‘The construction of such a wall accordingly constitutes breaches by Israel of its various obligations under the applicable international humanitarian law and human rights instruments.’
# ‘ Israel is bound to comply with its obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian law and international human rights law. Furthermore, it must ensure freedom of access to the Holy Places that came under its control,’
According to Haaretz, in support of Judge Buergenthal’s opposition, the Dutch Judge, Pieter Kooijmans, opposed the call for all countries to act against the separation wall.
The court ruling accuses Israel with violating international humanitarian law, by infringing on Palestinians’ freedom of movement, freedom to seek employment, education and health, including international treaties Israel had signed.
The court was asked to deliberate on the issue of the security wall by a United Nations General Assembly resolution of last December.
PA Chairman Yasser Arafat on Thursday said he had full confidence in the International Court.
‘I believe the court in the Hague is capable of stopping the construction of the fence that damages our people,’ he said.
Plans to change the route of the wall, based on the Israeli high court of justice ruling, had no influence on the ICJ decision.
The PLO representative in the United Nations, Nasser al-Qidwa, and diplomats from Arab countries at the UN, plan to request an emergency session of the General Assembly where the results of the court’s decision will be presented.
In case Israel refuses to adopt the ICJ recommendations, Palestinians are expected to seek operative application of the court’s conclusions.
Israel has already started working to block the issue from reaching the Security Council, seeking the assistance of the United States, and hoping that most EU countries will not support the Palestinian demands.
