[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 713 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. RES. 713

    Deploring the misuse of the International Court of Justice by a 
majority of the United Nations General Assembly for a narrow political 
   purpose, the willingness of the International Court of Justice to 
acquiesce in an effort likely to undermine its reputation and interfere 
 with a resolution of the Palestinian-Israeli conflict, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2004

 Mr. Pence (for himself, Ms. Berkley, and Ms. Ros-Lehtinen) submitted 
   the following resolution; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                               RESOLUTION


 
    Deploring the misuse of the International Court of Justice by a 
majority of the United Nations General Assembly for a narrow political 
   purpose, the willingness of the International Court of Justice to 
acquiesce in an effort likely to undermine its reputation and interfere 
 with a resolution of the Palestinian-Israeli conflict, and for other 
                               purposes.

Whereas terrorist groups have sent suicide bombers, mainly from areas under the 
        control of the Palestinian Authority, to places outside the control of 
        the Palestinian Authority in Israel, the West Bank, and Gaza to murder 
        civilians throughout society, including in buses, cafes, and places of 
        worship, have used snipers to shoot at Israeli civilians, and have 
        invaded homes and seminaries in order to carry out acts of terrorism;
Whereas Palestinian terrorists have killed more than 1,000 people of a variety 
        of nationalities since September 2000;
Whereas more than 50 United States citizens have been killed and more than 80 
        United States citizens injured by Palestinian terrorists in Israel, the 
        West Bank, and Gaza since 1993;
Whereas President George W. Bush said in October 2003 regarding Israel's right 
        to self-defense that ``Israel must not feel constrained in terms of 
        defending the homeland'';
Whereas according to international law as expressly recognized in Article 51 of 
        the United Nations Charter, all nations possess an inherent right to 
        self-defense;
Whereas a security barrier, capable of being modified or removed, is being 
        constructed by Israel in response to an ongoing campaign of terror;
Whereas the security barrier is designed to make it difficult for unauthorized 
        persons to cross the barrier without providing the Israeli authorities 
        sufficient information and time to deal with the persons making the 
        crossing;
Whereas a similar security barrier has been in place in Gaza since 1996 with a 
        great degree of success;
Whereas the security barrier was not built as the result of arbitrary, hasty 
        decisions but rather was and is the subject of lively debate and 
        litigation in Israel, a parliamentary democracy that respects the rule 
        of law, concerning such issues as whether the barrier should be built 
        and what path it should take;
Whereas the United Nations General Assembly adopted Resolution ES-10/14 
        (December 8, 2003) which requested that the International Court of 
        Justice (ICJ) render an opinion on the legality of the security barrier;
Whereas the United States, Australia, Belgium, Cameroon, Canada, the Czech 
        Republic, the Federated States of Micronesia, France, Germany, Greece, 
        Ireland (for itself and in addition on behalf of the Member States and 
        Acceding States of the European Union), Italy, Japan, the Marshall 
        Islands, the Netherlands, Norway, Palau, the Russian Federation, South 
        Africa, Spain, Sweden, Switzerland, and the United Kingdom submitted 
        objections on various grounds against the ICJ hearing the case;
Whereas the United States believes that both the ICJ and the General Assembly 
        can play important and useful roles in appropriate cases but that 
        inappropriate assertions of their authority can harm their ability to 
        carry out their proper roles;
Whereas the Israeli courts accepted jurisdiction of cases on the security 
        barrier and a June 30, 2004, decision of a panel of the Israeli Supreme 
        Court, headed by its President and sitting as a High Court of Justice, 
        stated that the Government of Israel had not adequately taken into 
        account the interests of Palestinians who asserted they were harmed by 
        the barrier's route and that the route should be altered even if that 
        resulted in greater risks being imposed on Israel;
Whereas the Government of Israel immediately indicated that it would respect the 
        decision of its High Court of Justice and took steps to do so;
Whereas on July 9, 2004, the ICJ said in a non-unanimous, non-binding advisory 
        judgment that Israel's security barrier, to the degree it was built 
        outside the pre-June 1967 borders, was ``illegal'' and should be 
        dismantled, and that Article 51 of the United Nations Charter did not 
        apply to Israeli actions in self-defense with respect to violence 
        emanating from the West Bank;
Whereas on July 11, 2004, less than two days after the ICJ's advisory judgment, 
        Israeli civilians were murdered by Palestinian terrorists;
Whereas the Palestinians, along with other parties and states, may attempt to 
        use the ICJ's advisory judgment to advance their positions on issues 
        committed to negotiations between the Israelis and Palestinians by 
        advancing resolutions in the General Assembly, the Security Council, or 
        elsewhere calling for the removal of the barrier and for the imposition 
        of sanctions to force Israel to comply with the advisory judgment; and
Whereas the administration of President Bush has reiterated its position that 
        the ICJ should not have agreed to decide a political issue of this 
        nature that should, rather, be resolved through the Roadmap process 
        leading to a negotiated agreement between Israel and the Palestinians: 
        Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) condemns the Palestinian leadership for failing to 
        carry out its responsibilities under the Roadmap and under 
        other obligations it has assumed, to engage in a sustained 
        fight against terrorism, to dismantle the terrorist 
        infrastructure, and to bring an end to terrorist attacks 
        directed at Israel;
            (2) deplores--
                    (A) the misuse of the International Court of 
                Justice (ICJ) by a majority of members of the United 
                Nations General Assembly for the narrow political 
                purpose of advancing the Palestinian position on 
                matters Palestinian authorities have said should be the 
                subject of negotiations between the parties;
                    (B) the ICJ's willingness to acquiesce in efforts 
                that are likely to undermine its reputation and 
                interfere with a resolution of the Palestinian-Israeli 
                conflict; and
                    (C) the attempt to infringe upon Israel's right to 
                self defense, including under Article 51 of the Charter 
                of the United Nations;
            (3) commends the President and the Secretary of State for 
        their leadership in marshaling opposition to the misuse of the 
        ICJ in this case;
            (4) calls on members of the international community to 
        reflect soberly on--
                    (A) the steps taken by the Government of Israel to 
                mitigate the impact of the security barrier on 
                Palestinians, including steps it has taken by order of 
                its High Court of Justice, without being required to do 
                so by the ICJ; and
                    (B) the damage that will be done to the ICJ, to the 
                United Nations, and to individual Israelis and 
                Palestinians, by actions taken under color of the ICJ's 
                advisory judgment that interfere in the Roadmap process 
                and impede efforts to achieve progress toward a 
                negotiated settlement between Israelis and 
                Palestinians; and
            (5) cautions members of the international community that 
        they risk a strongly negative impact on their relationship with 
        the people and Government of the United States should they use 
        the ICJ's advisory judgment as an excuse to interfere in the 
        Roadmap process and impede efforts to achieve progress toward a 
        negotiated settlement.
                                 <all>