Continuing on the wall in the West Bank...
First I want to make one thing clear. While I have many questions regarding the long term effects a wall dividing the Israelis and the Palestinians would have, I certainly believe that Israel has a right to build a wall on undisputed Israeli territory, for better or for worse.
This isn't, of course, what has happened. And I think it self-evident that cutting towns off from one another, reducing access to farmlands and resources (especially water) and creating a patchwork of communities where a viable state will never be able to sustain itself is worthy of condemnation by any international court. The question that remains is to what extent does the wall as it stands (or is planned to stand) do this. (I don't take seriously some Israeli claims that the wall, and consequently, the border, is only temporary.)
While criticizing the ICJ's ruling, first off Ami Isseroff concedes:
The fence/wall/barrier is bad because it arbitrarily divides up neighborhoods and villages, running down the main street of Abu Dis, trapping people away from their fields and livelihoods, erecting cement barriers directly in front of the houses of some of them, so they cannot get out their front doors.
And the construction currently
going on is anything but peaceful and orderly. Today:
The Israeli Army today demolished 3 Palestinian homes, 26 Palestinian shops and an olive oil factory in the Occupied West Bank town of Barta (located in the northwest West Bank) in order to continue construction of its wall. The demolitions come after the International Court of Justice's July 9th ruling that Israel must immediately cease construction of the wall.
The Israeli Army demolished the homes and businesses without prior notice to Palestinian home and shop owners. According to witnesses, at approximately 6 a.m., an estimated 300 Israeli soldiers using 35 jeeps and 4 bulldozers raided the town to carry out the demolitions. The Army fired tear gas, rubber-coated metal bullets and live ammunition at Palestinian demonstrators, injuring 8 Palestinian civilians. Two Palestinian civilians remain in critical condition...
There can be little question that serious damage is being done to innocent Palestinians.
It is often stated that the fact that suicide bombings have dropped dramatically recently proves the construction just, in that it is more important to save lives than to "preserve the quality of life.". I have already argued that following this logic any infringement on the Palestinians' rights could be justified as long as the suicide bombings diminish. I find this position morally lacking and completely illogical. Further, as the map below demonstrates, it would be ludicrous to argue that the zigzagging route the wall is taking is solely designed for the security of Israel proper. And objections such as the following by Isseroff could be accommodated in a wall whose borders weren't based predominantly on the locations of the illegal settlements and natural resources.
Some believe that Israel could meet the objections of the court simply by building the barrier within the 1949 armistice line ("Green Line"). It is debatable whether or not this is true. If the barrier were built along the 1967 borders, it would mean that the Palestinians could once again close the road to Jerusalem as they did in 1948, since the Latrun monastery and other key areas that dominate the road would be in their hands. It would also mean that the Hebrew University campus on Mount Scopus, as well as the Jewish quarter of the Old city are at the mercy of suicide bombers. Does anyone believe Israel will agree to this? ...
As well, Princeton Law Professor Richard Falk contradicts Isseroff's additional claim that the ICJ ruling did not recognize the right of Israel to build a wall on territory not occupied.
Significantly, the court confirms that Israel is entitled to build a wall to defend itself from threats emanating from the Palestinian territories if it builds the barrier on its own territory. The justices based their objection to the wall on its location within occupied Palestinian territories, as well as the consequent suffering visited upon affected Palestinians.
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.
So I'll be clear. Here I am disputing
where the wall is constructed, not whether a wall should be constructed in the first place. That is a different discussion.
The following map shows how security is not the only Israeli concern. Clearly the maximization of the number of settlements (in blue) on the Israeli side of the wall is a paramount consideration.

And then there's then Jordan Valley:
... the Jordan Valley has by far the largest share of both wells and springs. Moreover, the fact that the weather is warm throughout the year means that vegetables can be grown during winter at a time when other areas in Palestine and even in the Mediterranean region cannot. Therefore, the Jordan Valley’s environment provides highly profitable agricultural opportunities for both the local and external markets. In other words, it ensures food security for the West Bank population as well as a competitive edge in the global market. That’s why the Jordan Valley is often referred to as the ‘bread basket’ of the West Bank.
In March of 2003 Sharon announced the wall would extend to the Jordan Valley, which means the entire projected length of the wall is over 700 km, or about double that of the internationally recognized Green Line. Over 40% of occupied West Bank will be annexed. PLO Negotiations Affairs Dept
gives more details:
Projected Number of Palestinians Trapped Between the Wall and the Green Line:
343,300 (14.9% of the Palestinian population). This figure includes a projected 93,000 Palestinians who will live in double-walled areas.
Projected Number of Palestinians who will be Separated from their Land by the Wall:
522,000 (22.6% of the Palestinian population)
Current:
Length of Wall: 186 km
Number of Palestinians Trapped Between the Wall and the Green Line: 13,332 living in 18 towns/villages.
Location of Wall: To date, more than 124 km of the Wall is more than 1 km east of the Green Line.
Acres of Land Confiscated for Wall Construction: approximately 8,000
Acres of Land Isolated between Wall and the Green Line: 25,153
Number of Homes Demolished or Under Threat of Demolition for Wall Construction: Approximately 75
...Number of Businesses Demolished for Wall Construction: 124
Number of Water Wells Confiscated or Behind the Wall: 50 supplying half of the water in which the Wall is located.
400,000 settlers will be on the Israel side in the exchange for a "pledge" by Sharon to relocate 7,500. And even without considering the proposed barrier in the Jordan Valley approximately 15% of the West Bank will be between the Green Line and the wall, home to over 300,000 Palestinians.
Even ex-prime minister Barak feels the manner in which the wall is being constructed is illegitimate:
The issue of settlements, Mr. Barak believes, should have been tackled when plans for the barrier were drawn up. The Ariel Sharon government's great mistake is not building the wall, but in doing so unilaterally: "It should be done as part of a coherent plan," he says.
"One: a clear long-term commitment to dismantle all the isolated Jewish settlements beyond the wall. Two: an immediate commitment to dismantle 60 to 70 settlements, move 60,000 to 70,000 people. Such action would convince people we are serious.
"Three, put on the table a proposal to the Palestinians: say that we are ready to hold negotiations with no preconditions beyond a full cessation of violence. In the absence of doing all these things together, the fence becomes simply a unilateral attempt to impose borders."
It is very obvious that the wall is being constructed around existing illegal settlements which have precious little to do with the security of Israel itself. A wall built on the green line, with necessary accommodations that directly relate to Israeli security, would have been an infinitely more defensible position in the battle over world opinion.
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