That the wall is a violation of
international law is not new. Countless reports have
been issued by Palestinian and international sources
discussing why the wall is illegal and documenting the
resulting daily violations of individual and collective
rights. The United Nations has stated clearly that the
wall is illegal and should be stopped and dismantled.
But no report is needed to
highlight the atrocity taking place in the occupied
territories. The 90,000 people who already are directly
affected by the wall's 90-mile ''first phase'' are well
aware that their lives have been shattered. Their
incomes, dignity, children's future and heritage were
uprooted in a matter of weeks as bulldozers leveled
their lands to confiscate and isolate them.
The current focal point in
lobbying around the wall's illegality is the
International Court of Justice (ICJ) in The Hague, and
its upcoming advisory opinion on the wall. It is
certainly a significant event, placing international
attention on what is taking place in Palestine and
highlighting the wall's significance for the fate of
Palestine. The U.N. vote to take Israel to court shows
that an overwhelming majority of the world is against
the wall.
But the fact that the court's
decision is nonbinding should be the central issue in
discussions around the ICJ hearing. Though Palestinian
movements and organizations are seeking ways to
translate the decision into an tool that will bring an
end to the wall, the shortcomings of the international
system are a reminder to Palestinians of all that
continues to fail them in their quest for justice.
What seems more overpowering is
the present international campaign, spearheaded by
Israel and marked by a public-relations barrage and
concrete actions, to ensure that the wall continues
unhindered. The tactics are overwhelming, cynical and
tragic: pressure during the U.N. vote, questioning the
jurisdiction of the court, trying to expel an ICJ judge
and rallying the United States and European Union to
demand the court not hear the case.
And Israel has taken another
simultaneous step, announcing its latest plans to
''shift'' the wall's path, as if Israel just discovered
that the wall is negatively affecting Palestinians. Any
changes will be cosmetic. They will not make it any less
illegal or less devastating to Palestinians. The ways in
which Israel will continue building even as it packages
it to the media so they can swallow it more easily,
should be detested by all.
Israeli control
The wall is a noose around the
necks of tens of thousands, soon to be hundreds of
thousands. Palestinians see it clearly as the final
stage in sealing their fate into lifeless reservations.
As the barrier slices the West Bank, it facilitates
Israeli control of some 50 percent of the occupied area
and has already brought about the expulsion of nearly 15
percent of the population of Qalqiliya, the first city
targeted by the wall. Here lies the fate of countless
other communities if it remains.
In the end, a court decision that
makes clear the wall's illegality can, it's hoped, spark
greater international outrage that can translate into
real pressure on Israel. But there is legitimate concern
that nonbinding court's decision will face global apathy
or will be rendered irrelevant by Israel's continued
public-relations and media game.
One thing is clear in Palestine,
as the bulldozers devastate our lands and lives: Israel
has no intention of stopping construction. Israel has
declared that it will be completed just one year from
now. It goes without saying that time is running out.
Jamal Jumá is coordinator of
the Palestinian Environmental NGOs Network.