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In March 2002, after the mass murder of civilians gathered for the Passover Seder meal at a Netanya hotel, the government of Israel decided to take control over the West Bank as well as taking a defensive measure to block terrorists from reaching Israeli population centers. This meant establishing a physical obstacle and transit points that would permit proper security checks for those passing through. Even Israel’s worst enemies confessed that the security fence saved Israeli lives.
The International Court of Justice in The Hague (ICJ) in its advisory opinion on the legality of Israel’s separation barrier uncritically adopted the UN General Assembly phrase “Palestinian territories” as applying to all the territories. The UN General Assembly is a political body. It is not a global legislature that creates international law through its resolutions.
The emergency special session of the UN General Assembly was convened in accordance with the Uniting for Peace resolution of 1950, according to which certain conditions have to be fulfilled before the General Assembly can act, and these conditions have not been fulfilled in the present case. In addition, the question is already being dealt with by the Security Council, which has adopted the “road map.”
The security fence is a necessary and proportional response to a campaign of genocide, crimes against humanity, and war crimes by Palestinians. The “green line” from 1949 bounding the West Bank is solely a defunct military line demarcating the extent of the Transjordanian invasion of Israel in 1948.