THE HANDSTAND

july 2005

Anniversary of the

Internatioal Court of Justice

Advisory Opinion

By Raymond Deane

On July 9 2004 the International Court of Justice (ICJ) issued its advisory opinion on the status of the wall being built by Israel in the occupied Palestinian West Bank. It found that its construction is illegal, that it must be dismantled, and that Palestinians must be compensated for losses sustained due to its construction. Under paragraph 159 it asserted that "All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction" and must "ensure compliance by Israel with international humanitarian law as embodied in [the fourth Geneva] Convention." Even if the advisory opinion per se is non-binding - although cemented eleven days later by a UN General Assembly resolution - the unequivocal legal stipulations in paragraph 159 are not, and are mandatory on the European Union as well as on the USA and others.

The advisory opinion was regarded as a historic breakthrough by the Palestinians. European solidarity groups and NGOs also believed that it would facilitate their task. Hitherto, they had relied on the "human rights clause" of the Euro-Mediterranean Association Agreement between the EU and Israel to push for suspension of Israel's trading privileges - as twice demanded without effect by the European Parliament - in the light of Israel's continuing violations of Palestinian rights. Now, it appeared, the world's highest judicial body had provided a more effective tool to compel Israeli compliance with international law, and indeed to force suspension of the Association Agreement by putting its very legality in question.

One year later, there is a universal sense of betrayal. While Israel garners unearned credit for its projected unilateral "disengagement" from Gaza, whereby colonial occupation is replaced by permanent siege, the construction of the wall continues apace, as does the ongoing annexation of Palestinian land required for its construction. Much is also made of the "disengagement" from four tiny West Bank settlements,  leaving a total of 116 illegal settlements there, many of which are being ruthlessly expanded. Ariel Sharon has made no secret of the fact that these token "disengagements" are designed simply and solely to forestall any meaningful compliance by Israel with the requirements of international law.

Meanwhile, the Israeli Foreign Ministry has announced plans to build high-tech terminals to
solidify its grasp on the West Bank under the guise of easing the movement of Palestinian peoples and goods. These terminals will be at some 34 crossing points along the route of the wall, and will be funded by $50 million from the USA, in clear defiance of the ICJ and UN.

The World Bank is contributing to the construction of "massive industrial zones... to be built on Palestinian land annexed by the wall, where ghettoised Palestinian labour will work in the dirtiest and most toxic industries", in the words of Jamal Juma, coordinator of the grassroots Palestinian Anti-Apartheid Wall Campaign. Furthermore, Juma claims that Germany has participated in funding these sweatshops.

Apart from this instance of direct collaboration with the occupation, which may be read as another example of Germany buying absolution for the Holocaust at the Palestinians' expense, the European Union is indirectly in violation of the ICJ judgment.

Ongoing and indeed deepening EU economic co-operation with Israel serves to facilitate Israel's diversion of financial resources to the construction of the wall and the maintenance of illegal settlements. In the fields of research and development, as well as in entertainment and sport, Israel continues to be treated as to all intents and purposes a European country. Far from "ensur[ing] compliance by Israel with international humanitarian law" as demanded by the ICJ, such privileges combine to enhance Israel's lofty conviction of its impunity. The outcome of this arrogance is the ongoing brutalisation and humiliation of the subject Palestinian population that is reported daily by such Israeli organisations as B'tselem and Gush Shalom, but rarely finds its way into our media with their baseless parroting that "life is better for the Palestinians since Arafat's death".

When governments fail to act, civil society feels compelled to step into the breach. Pro-Palestinian campaigners worldwide are increasingly united in their belief that only a massive boycott campaign, modelled on that which brought South African Apartheid to its knees, can "initiate a process that will make Israel pay a price for its crimes", to quote Jamal Juma once again.

This campaign is gathering pace. The initially successful attempt by the UK Association of University Teachers to institute a boycott of two Israeli universities struck terror through the Israeli establishment, which contrived to have the decision reversed by a massively-funded campaign of intimidation and mendacity.  However, last year the USA Presbyterian Church voted to institute "selective divestment" from Israel, a decision endorsed by the World Council of Churches, and last month the Anglican Consultative Council voted unanimously in favour of a divestment motion.

If civil society is goaded by government inaction into taking such drastic steps, then only government action can render such steps superfluous. Specifically, EU governments - including our own - can "ensure Israel's compliance with international humanitarian law" by withholding their direct or indirect support for the construction of Israel's illegal wall and the Apartheid infrastructure associated with it. They can cease arms exports to Israel, and suspend the Euro-Mediterranean Association Agreement as well as all co-operation on research and development. The Irish government, traditionally supportive of the inalienable rights of the Palestinian people, should be in the forefront of pressing for such action.

The consequences of continuing inaction will almost certainly be disastrous.

Raymond Deane is the present Chair of the Ireland Palestine Solidarity Campaign.