The European judges dig under a wallbetween Israel and Palestin
the Near-Eastern conflict
Yesterday in the International court in the Hague hearings concerning legitimacy of building have begun Israel a dividing wall on the West Bank of Jordan. But hardly it will be possible to name them high-grade. Fifteen judges will hear opinion only one party - Palestinian. Israelis, as well as all countries - constant councillors of Safety of the United Nations to address to court have refused. The present fights should be developed not within the precincts of the Hague Palace of the world, and outside - on city streets.
“ the fence does not have political grounds “
In October of last year United Nations General Assembly has discussed for the first time and has condemned building of a protective protection by Israel. The main claims were reduced to that the line of an under construction wall does not correspond to a so-called green line (to the Israeli border before six-day war of 1967) and actually annexes the Palestinian earths, including territory of East Jerusalem. “ the fence does not have political grounds. It is a question not of border, and about a line of safety which at any moment can be moved “ - answered it to the power of Israel and continued to build a barrier on a way of penetration of suicide bombers.
then on December, 8th last year United Nations General Assembly has taken a new step: has addressed in the International court with the request to expertise legality of a construction Israelis of a protective obstacle. The resolution on that this question has been left lawyers, have supported 90 countries (in the basic third world), 8 countries have voted against, and 74 countries, including members of the European Union and Russia, have refrained.
absence of unity has the explanation. The matter is that obstacle building became result of a failure palestino - the Israeli peace dialogue and was first of all a political problem of two conflicting parties. Transformation of legal examination into the tool of the decision of a political problem without dependence from about what problem goes speech, can become dangerous precedent. It considerably will strengthen influence of judicial institute that a recognition of powerlessness of General Assembly and first of all the UNSF, as a matter of fact, is. Also will mean that now if where - that peace talks are at a deadlock, business will solve court.
“ the fence has constructed terror “
the Israeli lawyers discussed long time, what should be an official position of Israel in relation to court. One said that it is impossible to leave the Palestinian charges without the answer so, it is necessary to appear before court. The formula which has sounded from lips of prime minister Ariel Sharon, - " was the main weapon against charges; The fence has constructed terror “. Besides, the Israeli lawyers asserted that “ a green line “ has no legal status so, requirements about conformity between it and a line of an obstacle are deprived the bases. However supporters of participation of Israel in hearings in the Hague remained in minority. The majority has been assured that the Hague process no more than a trap for Israelis and the process outcome is known in advance. As a result of January, 30th the vast document on refusal of Israel has been directed to the Hague to participate in court as that has no powers to carry out hearings on this question.
many countries which have initially occupied an active position concerning process have doubted powers of the Hague court. From 44 states which have presented the position in written form, the majority has refused oral performance before judges. Among all of them constant members of UNSF (Russia, the USA, France, Great Britain and China) which, probably, are disturbed by that the Hague court threatens to destroy their monopoly for discussion of political conflicts. Among refused oral performances there were even some Arabian countries: Egypt, Syria, Kuwait and Yemen. At the last minute performance of the Turkish representative has been deleted from the program.
yesterday`s session of court has opened three-hour performance of the Palestinian party. The chief negotiator of an autonomy, the ambassador of Palestin in United Nations Naser al - Kidva in a vast opening address has actually urged the international community to inflict sanctions on Israel. Besides the mister al - Kidvy the Palestinian position will be defended by specially employed visible lawyers, including from Cambridge and Oxford.
PR on - Official representatives of Israel are Israeli
say that Palestinians still will regret that have started this process. Having refused performance in a hall of the Hague court, Israelis have not refused struggle. The Israeli Ministry of Foreign Affairs together with the Jewish agency “ Dry “ and a number of other organisations has planned the scale operation, which purpose - to use process for change of world public opinion concerning building of a protective wall in particular and politicians of Israel as a whole. “ have you ever seen anything like it, that the victim has appeared on a dock? “ - has in a fit of temper declared zamgendirektora the Israeli Ministry of Foreign Affairs Gideon Meir which has turned in “ the commander-in-chief incorporated staff PR - actions “.
As a result to the Hague there has arrived set of Israelis. The main action - manifestation of protest - was incurred by the Israeli students who have armed with the posters reminding of 927 Israelis, lost with the end of September, 2000, and also slogans that people have the right to safety. First the mayor of the Hague has forbidden procession with portraits of victims of acts of terrorism, having declared that it “ the Israeli provocation “. However the Group of Christians - friends of Israel which will organise procession, has protested this decision in court, and procession was authorised.
Besides students to the Hague profits of a family of victims of terror, among which relatives of the teenagers who were lost in act of terrorism in Russian disco “ the Delphinarium “ in Tel - Avive in 2002. And ZAK`S religious organisation which is engaged in identification of victims of acts of terrorism, has sent the scorched skeleton of the bus #19 which have been blown up in last month in Jerusalem nearby from residence of the Israeli prime minister to the Hague. The bus have exposed on one of city streets.
But also Palestinians are not idle. On Saturday to the Hague profits the first picketers who will act under the slogan “ we Will construct a fence of mutual understanding instead of a dividing wall “. The Hague police is afraid of collisions between demonstrators. In a city the unprecedented security measures, which purpose are accepted - to prevent contact between Israelis and Palestinians. Time for actions of each of groups at a world Palace is accurately painted: in the first day each group has received on the half-day, the second day is given Israelis, the third - to Palestinians.
at the same time, despite grandiose PR - the action, the Israeli lawyers are extremely pessimistic concerning results of court. The matter is that the international court in the Hague, as any decaying bureaucratic structure, aspires to justifying own existence. Help with it the loud verdict can, and support of the Palestinian reference becomes that in present process only.
GRIGORY - ASMOLOV, Jerusalem