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Arab nations want UN to pressure Israel on barrier

by haaretz
UNITED NATIONS - Arab states on Monday called for an emergency session of the UN General Assembly to demand that Israel comply with a World Court ruling that the West Bank separation fence is illegal and must be dismantled.
The Arab Group of governments at the United Nations called on the 191-nation assembly to meet on Friday to take up a draft resolution seeking to implement last week's ruling.

The International Court of Justice in The Hague said in an "advisory opinion" last Friday that the planned 600-km barrier violates international law by cutting deep into West Bank land.

The court said Israel must pay reparations to Palestinians for damage caused by the barrier's construction on Palestinian lands and suggested that both the General Assembly and the Security Council consider further action to ensure Israeli compliance with its opinion.

General Assembly resolutions do not carry the weight of international law and so cannot threaten non-complying nations with sanctions, as can measures adopted by the 15-nation UN Security Council.

But the Palestinian UN observer, Nasser al-Kidwa, said the Palestinians would wait before taking their case to the Security Council in search of "additional measures to be taken to end the current illegal situation."

He denied the delay was intended to put off a council debate until after the November 2 U.S. elections, as some Palestinian officials have said.

"The timing will depend on the developments on the ground and how much progress we are achieving in terms of compliance, or lack of it," al-Kidwa told reporters.

A Palestinian draft resolution, obtained by Reuters, would ask the General Assembly to reaffirm "the illegality of any territorial acquisition resulting from the threat or use of force" and would demand that Israel "comply with its legal obligations as determined in the advisory opinion."

It would also ask Switzerland, as keeper of the Fourth Geneva Convention, to convene a meeting of parties to the treaty to ensure it was being observed.

The 1949 pact deals with the protection of civilians in time of war. A key provision bars governments from building settlements on land they acquire through the use of force.

Al-Kidwa dismissed Israeli statements that the World Court ruling could be ignored because it was merely "advisory."

"The debate now is over the implementation of the legal opinion: how we stop the construction, and how we remove the existing parts, and how we ensure that reparations are paid to the concerned Palestinians," he said.

Israel says the barrier - a combination of razor-tipped fencing and concrete wall that is still under construction - is temporary and is needed to keep out suicide bombers who have killed more than 400 Israelis in the past three years.

The court said Israel had a right and a duty to protect its citizens from suicide attacks but could have done so with a wall built on Israeli, rather than on occupied, land.

http://www.haaretz.com/hasen/spages/450834.html
UNITED NATIONS : Palestinians vowed to go as far as the UN Security Council to try to force Israel into accepting the world court ruling to tear down its controversial barrier around the West Bank.

But with a showdown in the council all but certain to draw a US veto, Arab nations will first make a push for a non-binding resolution in the UN General Assembly on Friday, Palestinian UN representative Nasser al-Kidwa said.

A draft of that resolution, obtained by AFP, was finalised Monday as Kidwa held a press conference to warn that the unflagging US support of Israel could further complicate US hopes of transforming Iraq and the region.

He said the United States could not try to forge a "new and greater Middle East based on the rule of law and democratic values, and at the same time throw the rule of law in the garbage when it comes to Israel."

The top UN court, the International Court of Justice in The Hague, said in a sharply worded opinion on Friday that the 425-mile barrier -- barbed wire, concrete, and electric fencing -- was illegal.

Israeli Prime Minister Ariel Sharon has already dismissed the court's opinion, which was requested by the General Assembly, which brings together all 191 UN member nations.

"The ruling totally ignores the reason behind the construction of the security barrier, which is Palestinian terrorism," he told his cabinet Sunday.

The General Assembly can recommend action but only the Security Council has the legal authority to compel states to heed its decisions.

The United States has frequently used its veto power on the council to block resolutions condemning Israel, a policy that Kidwa said he hoped would be reconsidered in light of the court opinion.

"The debate over the wall is over," he told a press conference at UN headquarters in New York.

"If Israel does not comply with its obligations as determined in the (court) opinion, it will become officially, judicially, an outlaw," he said.

He said Israel was profiting from "the automatic protection -- many times illegal protection -- provided by the United States."

Senior White House officials were meeting in Jerusalem and the West Bank on Monday with Sharon and Palestinian premier Ahmed Qorei to discuss the issue.

Kidwa dismissed suggestions, circulated privately here by Arab diplomats, that the Palestinians did not want to provoke Washington ahead of the US presidential election in November by going straight to the Security Council.

But a senior Arab diplomat who asked not to be named told AFP: "I don't think the Arabs want to embarrass the United States right now.... We don't expect anything important to happen, but these recent developments are positive."

The draft General Assembly resolution to be debated on Friday "demands that Israel, the occupying power, comply with its legal obligations as authoritatively determined in the (court's) advisory opinion."

Kidwa repeatedly rejected the description of the ruling as non-binding, saying that he was challenging the media to "clarify" the legal status of the court's opinion.

"No one can sum up this as casually non-binding," he said. "This is not accurate."

Israel's UN ambassador Dan Gillerman on Friday said that the wall, only a quarter of which has been built so far, had cut terrorist attacks against Israelis by 90 percent.

Kidwa said that, 30 years ago, Israel had argued that settlements on West Bank land were also security measures but were still in place today.

"It ought to be stopped and it must be brought down," he said of the barrier. "That's the bottom line."

http://www.channelnewsasia.com/stories/afp_world/view/95409/1/.html
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