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 Assembly150 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.