An aide to Prime Minister Ariel Sharon said on Thursday that Israel would likely decide not to send a legal team to defend the construction of its West Bank separation barrier at hearings on the issue at the International Court of Justice later this month.
A committee appointed by Sharon was slated to make a final decision later on Thursday on whether to send a team, said the aide, Zalman Shoval. The Foreign Ministry’s legal adviser, Alan Baker, said the decision would be submitted on Friday to the court in The Hague, The Netherlands.
The United Nations General Assembly in December asked its highest tribunal to issue a non-binding ruling on the legality of Israel’s separation barrier, a string of fences and walls built along the West Bank.
Israel says the obstacles, which will stretch 750km at completion, are necessary to keep suicide bombers out of the country. Palestinians charge that the barrier constitutes a land grab since it cuts deep into the West Bank at points.
Israel challenges the world court’s authority to rule on the barrier, arguing that the issue is being manipulated by its opponents for political ends. The committee will likely decide against sending a legal team to defend its case, Shoval said.
”The tendency seems to be toward not participating actively,” Shoval said. ”The court should not be consigned to rule on political issues and this is clearly a political issue.”
Any such court process would pre-empt peace negotiations outlined in the United States-backed ”road map” plan, which is overseen by the UN Security Council, Shoval said.
Foreign Minister Silvan Shalom said the issue should be discussed between Israelis and Palestinians, not by the court.
”It might be we will decide not to participate,” he said on Wednesday, during a trip to India.
In the court’s first hearings, which begin on February 23, it is slated to rule on whether it will handle the case. Several dozen countries, even those that have objections to the barrier, have submitted briefs saying the matter should not be brought before the court.
A former chief of the Mossad security service, Ephraim Halevy, urged Israel not to participate in the hearings.
If Israel joins the process, ”it will damage the struggle of liberty-seeking countries against terror”, Halevy wrote in the Yediot Ahronot newspaper on Thursday.
The Palestinians cannot expect to proceed in efforts to reopen peace talks while trying on a legal track to back Israel into a corner, Halevy said. — Sapa-AP