Is Israel’s security fence is illegal under international law? The International Court of Justice itself says so

  • The security fence was constructed to protect Israel's civilians from terrorist attacks by West Bank Palestinians, after over one thousand Israelis were killed and many thousands injured by terror attacks between 2000 and 2005. Since the fence's construction, the number of such attacks has drastically decreased.
  • Israel’s opponents imply that the entire barrier is a concrete wall. However, the 450-mile security barrier is comprised 90% of a chain-link fence and 10% of a concrete barrier.  The concrete sections are in areas where there is a history of snipers shooting at Israeli civilians.
  • On 9 July 2004 the International Court of Justice (ICJ) issued its advisory opinion regarding the “legal consequences of the construction of a wall in the occupied Palestinian territory” and held by fourteen votes to one that Israel’s construction of the wall was contrary to international law.
  • But the advisory opinion is not legally binding, as even the ICJ admits. The ICJ should not have even heard the case since no legal question was posed – only vague and political motivated questions.
  • The ICJ did not take into its consideration Israel’s legitimate right of self-defence, military necessity and security needs, when making its decision.
  • Israel’s Supreme Court takes the view that the ICJ made a false and unsubstantiated sweeping conclusion regarding the Wall as a whole, in violation of international human rights law.
  • The approach of Israel’s court is to examine each individual segment of the wall, taking into account Israel’s security and military needs as well as the rights of the local population.  Petitions, from Israelis and Palestinians,  challenging the legality of the fence and its route have been filed with the Israeli High Court of Justice which has not hesitated to rule that certain segments were illegal and therefore dismantled or rerouted.


Israel's Security Fence 

2017 All Rights Reserved