[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 371 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. CON. RES. 371

 Supporting the construction by Israel of a security fence to prevent 
Palestinian terrorist attacks and condemning the decision by the United 
Nations General Assembly to request the International Court of Justice 
      to render an opinion on the legality of the security fence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2004

Mr. Pence (for himself, Ms. Berkley, Mr. Blunt, Mr. Lantos, Mr. Cantor, 
 Mrs. Jo Ann Davis of Virginia, Mr. Sessions, Mr. Crane, Mr. Cardoza, 
 Mr. Feeney, Mr. Davis of Alabama, Mr. Saxton, Mr. Tiahrt, Mr. King of 
 Iowa, Mr. Norwood, Ms. Harris, Mrs. Kelly, Mr. Garrett of New Jersey, 
 Mr. Wilson of South Carolina, Mr. Weldon of Florida, Mr. Smith of New 
Jersey, Mr. Akin, Mrs. Musgrave, Mr. Flake, Mr. Beauprez, Mr. Shimkus, 
Mr. Sandlin, Mr. Frost, Mr. Rehberg, Mr. Barrett of South Carolina, Mr. 
   Souder, Mrs. Myrick, Mr. Weller, Mr. Emanuel, Mr. Doolittle, Mr. 
  DeMint, Mr. Hensarling, Mr. Smith of Michigan, Mr. Herger, Mr. Sam 
    Johnson of Texas, Mr. Chabot, Mr. Tancredo, Mr. Jones of North 
 Carolina, Mr. Bartlett of Maryland, Mr. Ryun of Kansas, Mr. Miller of 
 Florida, Mr. Goode, Mr. Kennedy of Minnesota, Mr. Franks of Arizona, 
 Mr. Chandler, Mr. Shadegg, Mr. Hayworth, Mr. Crowley, Mr. Israel, Mr. 
 Schrock, Mr. Crenshaw, Mr. Otter, Mrs. Blackburn, Mr. Sensenbrenner, 
Mr. Linder, Mr. Stearns, Mr. Mario Diaz-Balart of Florida, Mr. Schiff, 
Mr. Nadler, Mr. Ferguson, Mr. Brown of South Carolina, Mr. McNulty, Mr. 
 Wynn, Mr. Nunes, Mr. Sherman, and Mr. Hastings of Florida) submitted 
    the following concurrent resolution; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Supporting the construction by Israel of a security fence to prevent 
Palestinian terrorist attacks and condemning the decision by the United 
Nations General Assembly to request the International Court of Justice 
      to render an opinion on the legality of the security fence.

Whereas the United Nations General Assembly has requested the International 
        Court of Justice to render an opinion on the legality of the security 
        fence being constructed by Israel to prevent Palestinian terrorists from 
        entering Israel;
Whereas on February 23, 2004, the International Court of Justice commenced 
        hearings on the legality of the security fence;
Whereas the question presented to the International Court of Justice by the 
        United Nations General Assembly misstates the applicable international 
        law and the case regarding the construction by Israel of the security 
        fence is a political proceeding disguised in legal garb;
Whereas the security fence is a necessary and proportional response to a 
        campaign of terrorism by Palestinians;
Whereas throughout the West Bank and Gaza, as well as in Israel proper, 
        terrorist groups have sent suicide bombers to murder Israeli civilians 
        in buses, cafes, and places of worship, have used snipers to shoot at 
        Israeli civilians in their homes and vehicles and even in baby 
        carriages, and have invaded homes and seminaries in order to carry out 
        acts of terrorism;
Whereas a security fence has proved its utility in Gaza, where such a fence has 
        existed since 1996, resulting in few Gaza residents crossing into Israel 
        to carry out terrorist attacks;
Whereas United Nations Security Council Resolutions 242 and 338 require 
        negotiated settlement of the Israeli-Palestinian conflict, including 
        demarcation of final borders and recognition of the right of Israel to 
        ``recognized and secure boundaries'';
Whereas according to international law and as expressly recognized in Article 51 
        of the United Nations Charter, all countries possess an inherent right 
        to self-defense;
Whereas Palestinian terrorists routinely disguise themselves as civilians, 
        including as pregnant women, hide bombs in ambulances, feign injuries, 
        and sequence bombs to kill rescue workers responding to an initial 
        attack;
Whereas the security fence and associated checkpoints are therefore crucial to 
        detecting and deterring terrorists among the Palestinian civilian 
        population;
Whereas there is evidence that the International Court of Justice is politicized 
        and hostile towards Israel;
Whereas an Egyptian judge sitting on the International Court of Justice has 
        called for Arab states to sue Israel for genocide, and a Jordanian judge 
        sitting on the Court was a special rapporteur for the United Nations 
        Human Rights Commission who concluded that the Israeli settlements in 
        Gaza and the West Bank are illegal;
Whereas these two judges have already decided key issues in the security fence 
        case and cannot be expected to examine impartially the evidence 
        presented to the International Court of Justice and to apply 
        international law fairly;
Whereas construction of the security fence does not constitute annexation of 
        disputed territory because the security fence is a temporary measure and 
        does not extend the sovereignty of Israel;
Whereas the security fence is permitted under the 1993 Declaration of Principles 
        (also known as the Oslo Accords) because Israel retained its right to 
        provide for security, including the security of Israeli settlers;
Whereas the up-coming case in the International Court of Justice violates the 
        provisions in the Oslo Accords requiring that all disputes between the 
        parties be settled by direct negotiations or by agreed-upon methods;
Whereas 52 United States citizens have been killed and 83 United States citizens 
        have been injured by Palestinian terrorists since 1993;
Whereas 934 people of several different nationalities have been killed by 
        Palestinian violence and terrorism since September 2000; and
Whereas the United States, Korea, India, and Botswana have security fences to 
        separate themselves from territories or other countries: Now, therefore 
        be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) supports the construction by Israel of a security fence 
        to prevent Palestinian terrorist attacks; and
            (2) condemns the decision by the United Nations General 
        Assembly to request the International Court of Justice to 
        render an opinion on the legality of the security fence.
                                 <all>