ei: Israeli Statement on ICJ Advisory Opinion on Israel's Security Fence (9 July 2004)

The International Court of Justice was asked to address the question of Israel's security fence as a result of a politically motivated maneuver, which Israel and over 30 leading democracies did not support. Israel cannot accept this politicization of the Court.

As expected, and as a result of the one-sided question put before the court, the Advisory Opinion fails to address the essence of the problem and the very reason for building the fence – Palestinian terrorism. If there were no terrorism, there would be no fence.

This Palestinian terrorism has taken the lives of nearly 1,000 Israelis in over 20,000 attacks over the last three and a half years, wounding thousands more, leaving broken families, widows, and orphans. No other country would act differently in the face of such an evil campaign.

Since the fence has been in operation, the number of casualties has decreased significantly. The fence is reversible, whereas the lives taken by terrorism are not. Moreover, the fence works. It is a temporary, non-violent security measure and it saves lives.

As long as the terrorism continues, Israel will have no choice but to defend its citizens. This is our moral and legal obligation.

Israel continues to seek the necessary balance between protecting the lives of its citizens and the humanitarian needs of the Palestinian population. We will continue to do so, in accordance with the rulings of our Supreme Court, which alone has the capacity to fully address all aspects of this matter. The fact that every individual affected by the fence has the right to directly petition Israel's Supreme Court ensures legal recourse without the need for outside involvement.

The only way to resolve the differences between Israel and the Palestinians, including the dispute over the fence, is through direct negotiations, as stipulated by UN Security Council resolutions and the Road Map.

An essential condition for such negotiations is the cessation of Palestinian terrorism. The solutions to the problem lie in Ramallah and Gaza, from where the terrorism is directed, not in the Hague or Manhattan.

Israel calls on the Palestinian side to end its campaign of terrorism and to return to the path of negotiations.

Israel calls on the international community not to lend its hand to the ongoing Palestinian attempts to use international forums to avoid fulfilling their own commitment to fight terrorism.