Israel boycotts world court hearing on wall

A Palestinian schoolboy climbs over the concrete blocks that divide the West Bank village of Abu Dis, on the edge of Jerusalem, on Thursday. PHOTO: AFP

The Israeli government said on Thursday it would boycott a hearing at the international court of justice (ICJ) at The Hague on the legality of the "security fence" under construction in the occupied Palestinian territories.

The prime minister's office said that Ariel Sharon and an inner core of Cabinet ministers made the decision after legal advisers said there was no point in fighting the case because the government had already submitted written arguments challenging the court's jurisdiction in a "political" case.

The submission said that the court "has no authority to discuss the terrorism prevention fence since it concerns Israel's basic right of self-defence."

"The professional teams made their recommendations after considering the positions of major countries, including ... the US, UK, Germany, Canada and Australia."

Earlier month, the US and the EU backed Israel's rejection of the court's right to hear the case. The court is expected to rule on whether it has jurisdiction when the hearing opens in 10 days.

The Palestinian legal team said it was withholding comment until the Israelis had formally notified the court. But an official, who declined to be named, said the boycott reflected the weakness of Israel's position.

"The bottom line is if you don't have a legal case, what's the point in going?" he said.

"It's unfortunate that other countries support Israel on the question of the jurisdiction of the ICJ. We're constantly telling Palestinians that violence doesn't pay off and here's a legal way to fight their cause. But now that avenue is closed to them, so what choices does it leave?" he said.

Yesterday's decision was expected, even though the Cabinet was divided. The justice minister, Yosef Lapid, argued that there was still a public relations battle to be won by vigorously presenting Israel's case in court.

He had previously warned the Cabinet that the court hearing could be a first legal step towards Israel being treated as a pariah, like apartheid-era South Africa, which could include international boycotts. But the Israeli government is counting on the US to veto any attempt to use a court ruling to pressure the UN security council into action over the barrier.

The case was filed by the UN General Assembly, which voted in December to ask the world court to make a non-binding ruling on the legality of the steel and concrete barrier, which is expected to be up to 688km long and entirely surround the bulk of the Palestinian population.

While Israeli government will not be in court, officials are backing efforts by the Israeli rescue service, Zaka, to put a bus destroyed by a suicide bomber on display near the court.

Hundreds Israelis, including the families of those killed in bombings, are to fly to The Hague and demonstrate against the court hearing.