Military

DATE=2/23/04

TYPE=INTERVIEW

NUMBER=3-876

TITLE=ISRAEL / PALESTINIAN WORLD COURT / T-T-A

BYLINE=RICK PANTALEO

DATELINE=WASHINGTON

CONTENT=

/// EDS: AUDIO IN DALET'S ENGLISH/NEWS NOW/EDITOR'S FILES/HOLD ///

INTRO: The International Court of Justice began its hearing Monday regarding a barrier that Israel plans to build in and around the West Bank. The Israelis say that the barrier will provide a defense against suicide bombers while the Palestinian Authority contends that it's really an Israeli land grab and a violation of international law, which would further oppress Palestinians living in the West Bank. The barrier and the current hearing before the International Court of Justice were the topics of Monday's Talk to America program.

TEXT: Kenneth Stein, Professor of contemporary Middle East history & Israeli studies at Emory University and former Carter Center fellow in Middle East affairs described the barrier and how the Israelis and Palestinians are viewing its construction.

/// KENNETH STEIN ///

The barrier fence is supposed to be 650 kilometers long. That's the border with along the so-called green line around the Jordanian West Bank as it was held between 1950 and '67 and the Israel armistice lines. The bottom line for Israel is to separate the two populations, if it's at all possible. The Palestinians see this as a land grab. They see this as an opportunity for Israel to incorporate additional lands into the state of Israel.

/// END ACT ///

Professor Stein contends that the barrier proposed by the Israelis may not even be permanent in nature and that it could be moved to a different location.

/// 2nd KENNETH STEIN ACT ///

The fence itself, the barrier or fence, whatever you want to call it, is not necessarily permanent. It can be moved and it could be reassigned in terms of its location, should there be a negotiated agreement or some sort of discussions that would go on between Israel and the Palestinians. It's not something that's there that's necessarily permanent. Of course, the Palestinians have the view that yes that's what Mr. Sharon wants, he wants something to be permanent.

/// END ACT ///

If the proposed barrier were to be built as planned would it reduce violence as Israel contends or could its construction actually have an opposite effect and inflame tensions between the Israelis and Palestinians? Professor Stein shared his thoughts on the barrier's impact.

/// 3rd KENNETH STEIN ACT ///

The Israelis want to protect their demographic majority. They are fearful of Palestinians moving into pre '67 Israel, developing citizenship, marrying Israeli-Arabs, becoming part of the Israeli political system and then the majority of Jews who constitute the state of Israel would get diminished over a period of 20 to 30 years. The other side of the coin is, if the barrier is built and does contain the Palestinians on one side and keep the Israelis on the other, this will only increase the pressure inside the Palestinian areas for political change. In other words, the barrier should not be seen merely as something that goes to the International Court and something adjudicated. It must be seen in terms of what impact it may have on Israel in 3 to 5 years, upon negotiations in 3 to 5 years and upon the constitution of the Palestinian Authority in 3 to 5 years.

/// END ACT ///

So how did Israel's proposed security barrier end up before the International Court of Justice? Paola Di Rosa, formerly of the U-S State Department explained the role the international body plays in such issues.

/// PAOLA DI ROSA ACT ///

The International Court of Justice, which is also known as the World Court, has two kinds of jurisdiction assigned to it by the United Nations charter. The first one is the jurisdiction known as "Contentious Jurisdiction," which involves disputes between states. The kind involved here is know as the "Advisory Opinion Jurisdiction", which is the jurisdiction that enables the court to hear cases involving questions presented to by certain specified United Nations entities, such as the General Assembly and the Security Council.

/// END ACT ///

TEXT: Talk to America is heard on VOA each weekday at 17 hours universal time.

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