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Rogue state
Published in Al-Ahram Weekly on 22 - 07 - 2004

The world votes against the apartheid wall. By refusing to budge, Israel is becoming a pariah, writes Amira Howeidy
Israel received another slap in the face on Tuesday when the United Nations General Assembly overwhelmingly supported a resolution demanding that Israel comply with the International Court of Justice (ICJ) 9 July ruling to tear down the separation wall built on occupied Palestinian territory. Although a majority vote was guaranteed in advance -- secured by Arab and Islamic countries -- the Arab bloc achieved a moral and political victory by convincing the 25-nation European Union to support the resolution following days-long intensive lobbying efforts.
The Assembly convened at 4pm New York time on Tuesday only to suspend the session a few minutes later at the request of Holland, which currently holds the EU presidency, for further consultations by the European states. While France and Sweden were ready to sign the draft as it stood, Britain and Italy objected and demanded changes. The Europeans came dangerously close to voting individually, but eventually the consultations which lasted close to two hours succeeded in unifying them, after the Arabs included a provision calling on both Israelis and Palestinians to fulfil their obligations under the roadmap plan.
This resulted in an overwhelming vote of 150 to six. Opposition to the resolution came from Israel, the United States, Australia, and the Pacific island states of Marshall Islands, Micronesia and Palau. Ten countries abstained.
In its resolution, the Assembly demanded that Israel obey the ICJ's ruling, tear down the "illegal" wall and pay reparations for damages caused by its construction. It also called on all UN member states to comply with their obligations as stipulated by the ICJ, including the duty "not to recognise the illegal situation resulting from the construction of the wall in the occupied Palestinian territory, including in and around East Jerusalem" and "not to render aid or assistance in maintaining the situation created by such construction".
Although the Assembly's resolution is non- binding for Israel -- as is the advisory opinion issued by the ICJ -- it constitutes a political victory for the Palestinians, and equally a major blow for Israel. Although Israel and its very few supporters slammed the ICJ's ruling unacceptable and similarly lashed at Tuesday's resolution, the legal, political and moral weight of the decisions reached by the two bodies places Israel in a very weak, if not outright embarrassing situation.
So, in a classic example of Israel's constant contravention of global public opinion and international law, "the building of the fence will go on," in the defying words of Raanan Gissin, a senior adviser to Prime Minister Ariel Sharon. Nor will Israel "abdicate its inalienable right to self-defence," he said.
But Israel's own Justice Minister Yosef Lapid warned on 18 July that his state is on the verge of becoming an international pariah and urged the government not to ignore the ICJ ruling. "The Hague court, groups like Amnesty, and United Nations committees, act as a kind of global high court that, while they do not have to be liked, cannot be ignored," he said.
International bodies, which are quickly running out of patience with Israel's occupation of the Palestinian territories, have put Israel under a legal blockade, the justice minister said. "If we don't respect human rights in the territories, we'll be putting ourselves in the situation in which South Africa found itself," he said.
And while the Israeli government vents its anger, the Palestinians -- despite the ongoing chaos in Gaza -- had good reason to celebrate the Assembly vote. To the Palestinian UN observer Nasser Al-Kidwa, the resolution could be "the most important resolution of the General Assembly since the adoption of Resolution 181 of 1947", which split Palestine into Israeli and Arab lands. "It is time now, we believe, for implementation, for compliance and at a later stage for additional measures" if Israel does not comply with the resolution, he said after the vote.
At this stage, it is not clear what measures the Palestinians will take other than push for a Security Council resolution -- one which would undoubtedly be vetoed by the US -- but they may not do so any time soon. Reportedly, the Palestinian Authority is set to delay this measure until the US presidential elections take place in November, although Al-Kidwa last week said it is not too early to start seeking the imposition of sanctions on Israel.
The General Assembly asked the ICJ for its advisory opinion on the legal consequences of the construction of the wall in the occupied territories last December. Back then the EU, under pressure from Israel and the US, abstained from voting. But after the ICJ issued its opinion -- which also called on the Assembly to act upon its ruling -- the EU countries had no legitimate reason to abstain from voting.
The additions the EU made to the draft resolution were seen as a compromise between its sensitivity to the ICJ's opinion and its political considerations vis-�-vis Tel Aviv and Washington. It is no wonder thus that the final resolution that won the EU's consent added language reaffirming Israel's right to self-defence and called on the Palestinians to arrest potential attackers. The Arab bloc had to accept these additions which were not included in the original draft in order to guarantee the support of the EU, and with it the political weight of this bloc.
Deputy Chief of Israel's UN mission Arye Mekel said Israel was very sorry that the EU nations had "surrendered" to Palestinian dictates and added that it would be "difficult" to see how the Europeans could play any legitimate role in the peace process in light of Tuesday's vote.
Upon completion the wall will be 730 kilometres long. Some 90 per cent of its course deviates from Israel's 1967 borders, and unilaterally redraws and expands those borders. It cuts deep into the West Bank, isolating Palestinian communities into cantons, enclaves and "military zones". The Palestinian population in the West Bank and Gaza Strip -- among whom are almost 1.5 million refugees -- will be contained in what only amounts to 12 per cent of historic Palestine.


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