Transcript The United States and the Law Panel II: The Responsibility

The Palestine Center Annual Conference 2004
Implementing the International Court of Justice Ruling on the
Wall: The Role of States and Civil Society
The United States and the Law
Panel II: The Responsibility of States in Upholding
International Law
Presentation by Josh Ruebner
Grassroots Advocacy Coordinator
US Campaign to End the Israeli Occupation
ICJ Advisory Opinion Extracts
Paragraph 163(D)
All States are under an obligation:
1)
2)
3)
Not to recognize the illegal situation resulting from the
construction of the wall
Not to render aid or assistance in maintaining the situation
created by such construction
To ensure compliance by Israel with international
humanitarian law as embodied in that Convention [Fourth
Geneva Convention relative to the Protection of Civilian
Persons in Time of War]
U.S. Undermining of ICJ
•
United States voted no on UN General Assembly Resolution ES-10/13 on Oct.
21, 2003, which declared the wall to be in “contradiction” to international law.
joining with:
Israel, Marshall Islands, Micronesia
•
United States voted no on UN General Assembly Resolution ES-10/14 on Dec.
8, 2003, which sent the matter to the ICJ
•
The United States submitted a written statement to the ICJ on Jan. 30, in which
it argued that an advisory opinion “risks undermining the peace process and
politicizing the Court”.
•
Mike Pence (R-IN) introduced H.Con.Res.371 on Feb. 26. The resolution
supports “the construction by Israel of a security fence to prevent Palestinian
terrorist attacks” and rebuked the UN for requesting ICJ assistance on this
matter. 164 Representatives co-sponsored.
•
On April 1, 79 Senators sent a letter to UN Secretary General Kofi Annan
urging him to “act so that the ICJ does not take up the issue.”
U.S. Reaction to ICJ Opinion
•
State Dept. spokesperson Richard Boucher characterized the ICJ ruling as “one
that we didn't think was appropriate under international law”. It could
“impede efforts to achieve progress towards a negotiated settlement”. (State
Dept. Daily Press Briefing, July 9.)
•
Mike Pence (R-IN) introduced H.Res.713 on July 13, deploring the “misuse”
of the ICJ for the “narrow political purpose of advancing the Palestinian
position”. The ICJ opinion “seeks to infringe upon Israel's right to selfdefense”. Passed the House on July 15 by a vote of 361-45-13.
•
Gordon Smith (R-OR) introduced S.Res.408 on July 20. The resolution
“condemns” the ICJ and “supports the construction of a security fence”. The
resolution also refers to the West Bank as “disputed” territory. 40 cosponsors.
U.S. Rendering of Aid & Assistance
FY2005 Foreign Operations Appropriations:
•Foreign Military Financing (FMF): $2.2 billion (does not
include joint DoD-IDF funding)
• Economic Support Funds (ESF): $360 million (does not
include $50 million for immigrant resettlement)
•Loan guarantees: $9 billion authorized over three years
(Public Law No. 108-11: Emergency Wartime Supplemental
Appropriations Act, 2003)
U.S. Exports of Bulldozers to
Israel, 1996-2003
16,000,000
Bulldozer Sales
14,000,000
12,000,000
10,000,000
8,000,000
6,000,000
4,000,000
2,000,000
0
1996 1997 1998 1999 2000 2001 2002 2003
Source: US International Trade Commission
Legislation to Bring U.S. into
Compliance w/ ICJ
• Loan guarantees can be used "only to support activities in the
geographic areas which were subject to the administration of the
Government of Israel before June 5, 1967.” President deducted only
$289.5 million from available loans in Nov. 2003. Human Rights
Watch estimates $1.3 billion for total construction of wall.
• Arms Export Control Act (Public Law 90-829) limits the use of U.S.
military aid to "internal security" and "legitimate self-defense" and
prohibits its use against civilians.
• Foreign Assistance Act of 1961 (PL 87-195), Section 116, states that
"No assistance may be provided under this part to the government of
any country which engages in a consistent pattern of gross violations
of internationally recognized human rights”.