By Nicola Smith - 2nd February 2004
The EU has formally stated its opposition to a legal challenge at the Hague against Israel’s construction of a security barrier, officials confirmed on Monday.
A message sent by the Irish Presidency of the EU to the International Court of Justice in the Netherlands was reported to set out a clear opinion that Europe viewed a legal case to be inappropriate.
One diplomat close to the case said the EU believed that legal action “would not help the efforts of the two parties” to find a peaceful solution to the current crisis over the building of a security fence on the disputed West Bank.
The EU’s opinion will lend support to the Israeli view that the international court has no authority to rule on the issue.
The UK and Germany, who have submitted their own national messages to the court, have expressed deep reservations that the ICJ would be the correct forum to resolve the problem.
But despite the reluctance of the international community to take Israel to court, the Israeli administration has been heftily criticised for undermining the peace process through the continued construction of the security barrier.
EU foreign policy chief Javier Solana on Monday reiterated Europe’s long-held view that the wall “does not contribute to peace” in the Middle East region.
“There is no doubt between the [EU] member states about the damage the security fence is doing to the prospects of a solution based on two states,” added EU External Affairs Commissioner Chris Patten.
And in statements made last year the EU publicly described the building of the wall as being in contravention of international law.
The barrier has in recent times become one of the most visible symbols of the Middle East conflict.
While Israel insists that it aims to block Palestinian suicide bombers, the Palestinians believe the structure is a way of grabbing their land before a final settlement is made.
With Palestinian backing, the United Nations General Assembly sent the case to the court for an advisory opinion.
The court is to begin hearings on the case on February 23 and while its ruling would not be legally-binding, it could be the cause of political embarrassment to Israel.
A raft of national positions have coincided with the joint EU message to the court.
Italy, Ireland and Malta have sent individual opinions, with France, the Netherlands, Austria, Sweden, Greece and Poland are currently considering the case.
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