Israel won't go before court to defend separation barrier

By Laura King
Los Angeles Times

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Israel had been dropping strong hints in recent days that it would refuse to debate the merits of the barrier before the court, which sits in The Hague, Netherlands. The Jewish state already has filed a deposition in which Israeli officials defend construction of the barrier but also reject any role for the court.

Palestinians — who had hoped to effectively put Israel on trial for building a barrier that appropriates large swaths of West Bank land — responded with disappointment and anger but said they were not surprised that Israel refused to participate in such a highly public forum.

"The Israelis are very well aware that they cannot defend their position, that this is a losing battle for them," said Nabil abu Rudaineh, an aide to Palestinian Authority President Yasser Arafat. "They know they do not have a case, so they do not wish to make a case."

International Court Key facts about the International Court, which later this month will consider the legality of the barrier Israel is building in the West Bank: • The International Court of Justice (ICJ), or World Court, is the main judicial arm of the United Nations. • It is based in the Peace Palace in The Hague, Netherlands, and it began work in 1946. • Normally only nations may apply to and appear before the court to settle disputes, but the hearing regarding Israel and the barrier in the West Bank was scheduled at the request of the U.N. General Assembly. • The ICJ is separate from the newly established International Criminal Court (ICC), which also has its headquarters in The Hague. The ICC is the first permanent world tribunal set up to prosecute individuals for war crimes, genocide and other gross human-rights violations. Source: ICJ Web site: www.icj-cij.org

Sharon's office said the decision was made by the prime minister in consultation with five senior ministers. The hearings by the court, the highest tribunal associated with the United Nations, were still expected to begin as scheduled Feb. 23.

The ruling of the court, which took up the matter at the request of the U.N. General Assembly, will be nonbinding. The judges still could decide at an early stage to reject hearing arguments on the merits of the barrier.

In addition to Israel and the Palestinians, several dozen countries have filed legal briefs in the case. Many Western nations, including the United States, fear the court could set a precedent that would allow it to rule in other cases involving military actions taken against hostile states or steps taken to put down internal uprisings.

Whatever the outcome, the court's decision to conduct hearings represents the most serious international challenge yet to the partially built barrier, which will stretch for more than 400 miles along a route that deviates sharply in some areas from Israel's pre-1967 border.

The barrier is made up mainly of wire fencing but consists in some stretches of a high concrete wall. At various points, it is fortified with watchtowers, electronic sensors, trenches and a wide no-man's land on either side.

Israel insists the barrier already has proved an effective deterrent to suicide bombings, which have caused hundreds of Israeli deaths during 40 months of conflict.

Palestinians denounce the barrier as a land grab that will prejudice the result of any negotiations about the border of their future state. Already, they say, thousands of Palestinians have been cut off from farms, relatives and livelihoods by the barrier.

Also yesterday:

• The Israeli military said it had filed manslaughter charges against a soldier suspected of shooting dead British activist Tom Hurndall as he helped Palestinian civilians take cover during a clash in the Gaza Strip. Hurndall, a member of the pro-Palestinian International Solidarity Movement, died last month of a head wound sustained in Rafah refugee camp on April 11, 2003.

On March 16, ISM member Rachel Corrie, 23, of Olympia was killed when she was run over by a military bulldozer in the Gaza Strip, near where Hurndall was shot.

• An activist with the Islamic militant group Hamas was killed by army fire during an arrest raid in the West Bank. Hamas, meanwhile, fired a rocket at the Israeli town of Sderot, just outside Gaza, causing no casualties or damage.

• Israel said soldiers blew up an explosives lab run by Hamas militants near Ramallah that was producing Qassam rockets, which have a range of about five miles. If fired from the Ramallah area, the crude projectiles could strike the outskirts of Jerusalem.

• Israeli soldiers found the body of a Palestinian shot dead in Rafah in southern Gaza, the military said, but they did not know who killed him. His family said he was 12 years old and had gone out to play with relatives when soldiers opened fire.

• U.N. Secretary-General Kofi Annan strongly criticized Israel for using disproportionate force in raids Wednesday, during which 15 Palestinians were killed in the bloodiest day of military operations in more than a year.

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