{4F805597-AC32-42F4-9EE2-BAD88CE3B8B2} Israel and the ICJ Opinion
Search Advanced
Home Aliyah & Absorption Partnerships with Israel Jewish Zionist Education Regions 
You are here :   Jewish Zionist Education Compelling Content Israel and Zionism Current Issues Peace and Conflict Fence Israel and the ICJ Opinion
About Us
Training Programs
Educational Shlichut
Experiences In Israel
Focus Areas
Regional Partnerships
Educational Resources
Compelling Content
Jewish Peoplehood
Israel and Zionism
The First 120 Years
Activities and Programming
Aliyah
British Mandate
Current Issues
Demography
Gallery of People (Biographies)
Hityashvut
Israel Diaspora Relations
Israeli Culture
Maps
Places in Israel
Israeli Society
The Story of Sport in Israel
The Story of Zionism
Struggle & Defense
Timelines
Women in Israel
Zionist Glossary
Jewish Life
Jewish History
R & D
The Security Fence

Israel and the ICJ Opinion
By Robert Klein

Editors: Gila Ansell Brauner, Raphael Cohn (Yavneh Olami), Meir Weinberg (Yavneh Olami)

July 21, 2004 - ICJ & the Fence at the UN General Assembly
150 for, 6 against and 10 absentions

The UN General Assembly adopted the ICJ Advisory Opinion on Israel's Security Fence by an overwhelming majority, on Tuesday 21st July 2004, calling for a dismantling of the fence, and compensation for the Palestinians. Voting was: 150 for, 6 against and 10 absentions, which shows that many more countries, including those in the EU originally opposing the referral of the issue to the ICJ, voted for this resolution.
Israel views this resolution as one-sided and highly politicized, an evasion of the issues relating to the ravages and continuing threats of terrorism, a negation of Israel's right to self-defense, as well as an impinging on the process of negotiations. The US expressed its position on the politicization of the judicial process, reiterated its preference for the process of negotiations and made reference to the "problematic" interpretation of the right of self-defense enshrined in the UN Charter.
Holland, presiding for the EU, and France convinced the UK and Italy to vote with the EU bloc for the resolution, although both had grave reservations about the politicization of the ICJ and its intervention in the negotiation process.
The resolution was damning, but included references to Israel's right of self-defense against terror, which was not part of the ICJ opinion. However, like the ICJ Advisory Opinion, it is not binding on Israel.
Against: Israel, the United States, Micronesia, the Marshall Islands, Palau and Australia
Abstained: Canada, Uruguay, Cameroon, Tonga, Vanuatu, El Salvador, Uganda, Papua New Guinea, Nauru and the Solomon Islands.

  1. Introduction
  2. Q&A about the ICJ advisory opinion and its implications
  3. Sources: The last paragraph of the ICJ decision
  4. For the Fence: what major figures are saying about the ICJ ruling
  5. Read more - Links
  6. Previous Features:
    a. (I)
    Israel's Security Fence: Points to Ponder
    b. (I)
    Israel's Security Fence: Comparative Analysis Chart – Reasons Why People support, hesitate about, or oppose the Fence
    c. (II)
    Hearing at the Hague: Ten Key Questions… brief version
    d.
    10 Reasons Why to read the HRW Report on Suicide Bombings

Send to A Friend
  
Print
Back to Top
Info Center Resources Ask us Issues that matter
Home Site Map Privacy
Friday 22 August, 2008 (c) All rights reserved to the Jewish Agency יום שישי כ"א אב תשס"ח