Glad to see the Miami Herald putting it down in black & white. The spinless pro-zionist leaders of USA just don’t get it, do they? Beacon of democracy and justice?? Note the last sentence of this article.
"Support for Wall Mocks International Law
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What is most remarkable about the International Court of Justice decision on Israel’s ‘‘security barrier’’ in the West Bank is the strength of the consensus behind it.
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One might expect the government of Ariel Sharon to wave off this notable consensus as an ‘‘immoral and dangerous opinion.’’ But one might expect the United States – even as it backed its ally Israel – at least to take account of the court’s reasoning in its criticisms. Instead, both the Bush administration and leading Democrats, including Senators John Kerry and Hillary Clinton, mindlessly rejected the decision.
Even the American justice in The Hague, Thomas Buergenthal, was careful in his lone dissent.
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The nuance in Buergenthal’s narrow dissent contrasts sharply with, for instance, Kerry’s categorical statement that Israel’s barrier ``is not a matter for the ICJ.‘’
To the contrary, Israel’s construction of the wall in the West Bank has flagrantly violated clear standards in international law.
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If Israel had erected the wall on its side of the boundary of Israel prior to the 1967 war, then it would not have encroached on Palestinian legal rights. The court’s logic assumes the unconditional applicability of international humanitarian law, including the Fourth Geneva Convention, to Israel’s administration of the West Bank and Gaza (a principle affirmed by Judge Buergenthal). That body of law obliges Israel to respect the property rights of Palestinians without qualification, and to avoid altering the character of the territory, including by population transfer.
The decision creates a clear mandate. The ICJ decision, by a vote of 13-2, imposes upon all states an obligation not to recognize ‘‘the illegal situation’’ created by the construction of the wall. This is supplemented by a 14-1 vote urging the General Assembly and Security Council to ``consider what further action is required to bring an end to the illegal situation.‘’
Such a plain-spoken ruling from the characteristically cautious International Court of Justice will test the respect accorded international law, including U.S. willingness to support international law despite a ruling against its ally. The invasion of Iraq and the continuing scandals have already tarnished the reputation of the United States as a law-abiding member of the international community. When U.S. officials dismiss the nearly unanimous ICJ decision without even bothering to engage its arguments, America’s reputation suffers further. In fact, elsewhere in the world, U.S. repudiation of this decision can only entrench existing views of America as an international outlaw.
Richard Falk is the Albert G. Milbank Professor Emeritus of International Law and Practice, Princeton University. "
http://www.commondreams.org/views04/0720-01.htm