Michael Bell, Journal of International Law & International Relations - December 25, 2005 - Back to Resources Page

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Debate over the construction of the West Bank separation barrier has
been ongoing and acrimonious since its inception in June 2002, when
the Israeli government announced its intention to erect a fence to
control strictly Palestinian entry into Israel and thereby impede terrorist
activity directed against the citizens of the Jewish state. Strikes by
Palestinian terrorists groups, most notably the fundamentalist Hamas
and Islamic Jihad, had reached unparalleled levels against the civilian
population following the commencement of the Palestinian uprising
against Israel, the Al Aqsa Intifada, in the fall of 2000.

The international response to this decision was, for the most
part, unsympathetic to Israel, despite the mounting death toll.
Legitimate Israeli security concerns were eclipsed by focus on the effect
of the barrier on the human rights of Palestinians, whose movement,
access to services, and ability to support themselves would be restricted,
in some cases severely. Concern also grew that the location of the
barrier, for much of its length running inside the West Bank, was
designed to prejudge the outcome of peace negotiations between Israel
and the Palestinians by creating a territorial fait accompli, integrating
West Bank areas on the Israeli side of the barrier into the Jewish state.
In less circumspect terms, many saw it as a land grab. Hence the
barrier’s reference to the International Court of Justice (ICJ), which on 9
July 2004 found this military curtain a violation of international law,
Israel’s security considerations being judged insufficient to justify this
construction within occupied territory.

Others are better able to discuss the complexities of the Court’s
decision. My exposure comes from practical experience as Canada’s
Ambassador to Israel from 1999 to 2003, years that saw the collapse at
Camp David, the launching of the second Palestinian Intifada, the
terrorist onslaught, the Israeli reaction, the initial construction of the
barrier, and its early consequences on the ground. I will go beyond the
ICJ decision to examine the multifaceted influence of the barrier on the
security and political landscape of today.

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Michael Bell, Journal of International Law & International Relations - December 25, 2005 - Back to Resources Page