[Congressional Record Volume 150, Number 14 (Friday, February 6, 2004)]
[Extensions of Remarks]
[Page E124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ON THE UNITED NATIONS GENERAL ASSEMBLY SESSION CONCERNING ISRAEL AND 
                   THE INTERNATIONAL COURT OF JUSTICE

                                 ______
                                 

                           HON. W. TODD AKIN

                              of missouri

                    in the house of representatives

                        Friday, February 6, 2004

  Mr. AKIN. Mr. Speaker, December 8, 2003, the General Assembly of the 
United Nations, sitting in an emergency special session, adopted 
Resolution ES 10/14, requesting the International Court of Justice to 
render an advisory opinion on the legal consequences of Israel's 
security fence.
  The placing of this issue before the ICJ as the result of a political 
campaign within the U.N. General Assembly is a highly unsatisfactory 
means of dealing with a profoundly complex and contentious issue. If 
successful, this initiative portends an increasingly political and 
divisive use of the ICJ.
  There is an increasing concern by many countries that the use of the 
ICJ to obtain an advisory opinion will undermine the stature of the 
court as well as the role of international law. It is also important 
that the ICJ continue to abide by the principle of not addressing such 
contentious issues without the consent of all parties involved. To do 
otherwise could set a precedent that could serve to weaken the stature 
of the U.N. by encouraging a new level of politically oriented 
activity.
  This requested abuse of the ICJ would raise the threshold of 
politically oriented activity. It is important to note that this 
controversial initiative has not garnered the support of even a 
majority of U.N. members. Only 90 states, none of them democracies, 
voted in favor of the resolution.
  Israel is a small democratic nation with myriad adversaries bent on 
its destruction. The undeniable truth remains that Israel, as with any 
other nation, has the right and responsibility to protect the lives of 
its innocent civilians from brutal terrorist attacks. Consequently, the 
question of the preservation of due process with the General Assembly 
and the preservation of the integrity of the ICJ is essential.

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