U.N. Court Rules Israeli Barrier Illegal, Must Be Removed

Fourteen of the 15 judges on the United Nations’ highest court in The Hague favored the ruling. Only American Judge Thomas Buergenthal dissented.

“The wall, along the route chosen, and its associated regime, gravely infringe a number of rights of Palestinians residing in the territory occupied by Israel,” the ruling said. “And the infringements resulting from that route cannot be justified by military exigencies or by the requirements of national security or public order.”

The court ordered Israel to compensate Palestinians affected by the construction of the barrier and urged the U.N. Security Council to take action to remove it.

“The court is of the view that the United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end to the illegal situation resulting from the construction of the wall,” the report said, according to the BBC.

Friday’s ruling came several months after the U.N. General Assembly, at the urging of the Palestinians, asked for the court’s advisory opinion on the barrier. Though non-binding, the court’s ruling could provide a basis for U.N. action.

As part of the ruling, the court has heard from more than 40 countries, the U.K.’s Guardian newspaper reported. Both Israel and the United States object to the court’s hearing of the matter, saying the matter is a political, not legal, one.

“We’ve always said that is not the appropriate forum to resolve what is a political issue,” White House spokesman Scott McClellan said, in a Reuters report.

Israel maintains the wall, which it began constructing in 2002, is a temporary solution rather than a permanent boundary constructed to deter suicide bombers from entering Israel. Palestinians accuse Israel of using the wall to redraw land boundaries and to divide their communities.

The Israeli High Court on June 30 unanimously rejected a planned 18-mile segment of the barrier near Jerusalem that would have cut off Palestinians from their schools, jobs and farms, saying Israel’s need for security should not ignore the rights of nearby Palestinians. Israel said it would replan that section.

On Friday, Israeli officials rejected the International Court ruling, inferring that members of the court may be biased.

“We will abide by the ruling of our own High Court and not the panel in The Hague with judges from the European Union who are not suspected of being particularly disposed toward Israel,” Justice Minister Yosef Lapid said, according to Reuters.

Palestinians hailed the decision.

“The international high court decided clearly today that this racist wall is illegal to the root and Israel should stop building it and take down what has already been built of this wall,” said Palestinian Prime Minister Ahmed Qurei.