30 January 2004
U.S. Urges The Hague to Refrain from Taking Up Issue of Israeli Barrier
Statement to the court underscores primacy of the Roadmap
The United States expressed its concerns over the International Court of Justice's (ICJ) deliberations regarding Israel's security barrier in a January 30 statement to the court in The Hague. The ICJ will consider whether to issue a legal advisory opinion on the matter in response to a request for such from the U.N. General Assembly.
According to a January 30 statement from State Department Spokesman Richard Boucher, the U.S. statement to the ICJ underscores U.S. concerns that the General Assembly's request for an advisory opinion "may impede efforts to achieve progress toward a negotiated settlement between Israelis and Palestinians."
In his statement, the spokesman indicated that the U.S. statement to the ICJ notes the existence of "an established framework for addressing disputed issues through a negotiating process," and "urges the Court to avoid any actions that would interfere with or be inconsistent with the Roadmap."
The court is scheduled to begin hearings on the matter February 23.
Following is the text of Boucher's statement:
(begin text)
U.S. DEPARTMENT OF STATE
Office of the Spokesman
January 30, 2004
Statement by Richard Boucher, Spokesman
U.S. Written Statement Submitted in ICJ Proceeding on Israeli Security Barrier
The United States today submitted a written statement to the International Court of Justice in The Hague concerning the request by the General Assembly for an advisory opinion on the legal consequences of the construction of the Israeli security barrier. Pursuant to the Court's order, written statements were due no later than today. The Court will hold oral hearings in this matter beginning February 23, 2004. Under the United Nations Charter and the Statute of the Court, the Court has discretion whether to give an advisory opinion in response to such a request. Advisory opinions are non-binding.
The U.S. statement notes that the United States voted against the resolution referring the matter to the Court and expresses the continued U.S. view that the referral is inappropriate and may impede efforts to achieve progress toward a negotiated settlement between Israelis and Palestinians. The statement provides the Court with important background on the Middle East peace process and identifies U.S. concerns regarding the Court's consideration of the General Assembly's request. It emphasizes the Quartet-led Roadmap as the agreed upon method for moving toward a negotiated settlement, endorsed by both the UN Security Council and the UN General Assembly, and it urges the Court to avoid any actions that would interfere with or be inconsistent with the Roadmap.
Although it is not clear precisely what issues the Court might address, the statement urges the Court to give due regard to the principle that its advisory opinion jurisdiction is not intended as a means of circumventing the right of States to determine whether to submit their disputes to judicial settlement. It stresses the particular importance of that principle where there is an established framework for addressing disputed issues through a negotiating process. Finally, it emphasizes that the Court should not interpret the request from the General Assembly as calling into question either of two key elements underlying the peace process: that permanent status issues are to be resolved through negotiations, and that both sides must fulfill their security responsibilities.
(end text)
(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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