Israel Supreme Court to ICJ: Eff You

Posted on 09/15/2005 by Meryl Yourish

Look for the screeching to begin: The Israeli Supreme Court has ruled that the separation fence’s route in the West Bank is legal even while saying the state must reroute some of the fence.

The panel nevertheless rejected a July 2004 ruling by the International Court of Justice in the Hague and ruled that Israel had the authority in principle to build a separation fence in the West Bank, beyond the Green Line, for security reasons.

[…] The panel ruled that according to international law, an army in occupied territory is authorized to erect a fence in order to protect the lives of its own citizens, including settlers. The High Court based its ruling on regulations of the International Court of Justice in The Hague, which constitute an integral part of international law, as well as the constitutional rights of settlers under Israeli law.

This decision rejects the petitioners’ stance that Israel does not have the authority to build the fence beyond the Green Line and that the fence was being built for political, not security, reasons.

The justices ruled that the international court’s decision should be given legal weight, but that since the judges at The Hague were not presented with the complete evidential basis for Israel’s security needs, the international court’s ruling does not bind the Israeli High Court of Justice.

That’s telling ’em.

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3 Responses to Israel Supreme Court to ICJ: Eff You

  1. Elmira Viking says:
    09/15/2005 at 8:44 am

    Right on. Screw the ICJ. They don’t have a$$holes lobbing bombs and rockets at them every day.

  2. Sabba Hillel says:
    09/15/2005 at 9:09 am

    Actually, they did say that the ICJ was able to rule and that its rulings have legal weight. However, since the particular hearing was invalid, and refused to actually look at the evidence, the Israeli court came up with its ruling (based on the same principles the ICJ used) based on the actual facts of the case.

    An interesting quote from the same article is

    Justice Mishael Cheshin, who also agreed with the High Court’s ruling, criticized the International Court’s ruling as consisting of an “overwhelming quantity of sentimental basis that does not fit a judicial opinion.”

    “For this reason the ruling receives a political taint, which any ruling should keep away from,” Chechin wrote in his opinion. He also questioned the factual basis of the rinternational court’s ruling, arguing that it was “weak,” and that “some would say that the court’s ruling has no valid basis whatsoever.”

    Cheshin also lambasted the international court’s “blatant, almost complete disregard for the security problems and the terror which have struck Israel.” He went on to say that the international court’s ruling outraged him and that “it has no ability to illuminate my path to carry out true and just rulings.”

    I would suggest that anyone interested in the Israeli Supreme Court rulings see Yonasan Rosenbloom’s articles on the subject of the Israeli Supreme Court
    .

  3. Joel says:
    09/15/2005 at 3:27 pm

    Just finish the fence and let the ICJ, Eurabians, the PLO and the various moonbats just bash their heads against it. It is saving lives and should have been finished by now.

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