July 11, 2004

Regarding the decision against Israel's Fence: Let not your heart be troubled

Folks, read the following and be comforted:

Israel is under neither a moral nor a legal obligation to give any weight to the International Court's decision on the fence.

The Israeli government has both a legal and a moral obligation to comply with the Israeli Supreme Court's decision regarding the security fence.

After all, the Supreme Court is a creation of the Knesset and is therefore representative of all of the people -- Jews, Muslims, and Christians alike. Moreover, the Supreme Court has a real stake in both sides of the fence dispute. Its job is to balance the security needs of its citizens against the humanitarian concerns of West Bank Palestinians. It tried to strike that balance by upholding the concept of a security fence while insisting that the Israeli military authorities give due weight to the needs of the Palestinians, even if that requires some compromise on the security of Israelis.

Contrast this with the questionable status of the International Court of Justice in The Hague. No Israeli judge may serve on that court as a permanent member, while sworn enemies of Israel serve among its judges, several of whom represent countries that do not abide by the rule of law.

Virtually every democracy voted against that court's taking jurisdiction over the fence case, while nearly every country that voted to take jurisdiction was a tyranny. Israel owes the International Court absolutely no deference. It is under neither a moral nor a legal obligation to give any weight to its predetermined decision.

By showing its preference for Palestinian property rights over the lives of Jews, the International Court displayed its bigotry.

A judicial decision can have no legitimacy when rendered against a nation that is willfully excluded from the court's membership by bigotry.

Read the rest of this article, by Alan Dershowitz, here. By the way, Dershowitz wrote this article the day before the International Court rendered this opinion because he was certain -- based on the composition of the court -- that its verdict would be against Israel. Following the decision he did not have to change a single word.

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