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Thank Members of Congress Who Voted No on Wall Resolution To: Members of Congress Dear Representative,
Thank you for voting no (or present) on House Resolution 713 on Thursday, July 15. This resolution deplored the advisory opinion of the International Court of Justice (ICJ) which ruled that the wall that Israel is building in the West Bank is illegal and must be dismantled.
We are deeply concerned about both the process by which the resolution was brought to the floor and its substance. A significant resolution such as House Resolution 713 should have been vetted properly through normal committee procedures rather than being rushed to the floor for a vote under suspension. One of the distinguishing characteristics of our democracy is the ability of citizen groups to offer input and register their opinions on legislative issues. The way in which House Resolution 713 was brought to the floor for consideration did not allow this.
House Resolution 713 contains several mischaracterizations of the ICJ advisory opinion on Israel’s wall. The resolution deplores the “misuse” of the ICJ by the United Nations General Assembly (UNGA) and asserts that it requested an advisory opinion to advance a “narrow political purpose”. In its advisory opinion, the ICJ thoughtfully questions its jurisdiction and concludes that the UNGA properly submitted a request for the court to offer an advisory opinion on a legal matter (paragraphs 15-17). The ICJ also ruled that it retains jurisdiction over legal matters even if those matters have political aspects as well (paragraph 41).
House Resolution 713 also claims falsely that the ICJ advisory opinion “attempt[s] to infringe upon Israel's right to self defense.” In fact, the ICJ ruled that Israel “has to face numerous indiscriminate and deadly acts of violence against its civilian population. It has the right, and indeed the duty, to respond in order to protect the life of its citizens.” The court noted, however, that the “measures taken are bound nonetheless to remain in conformity with applicable international law” (paragraph 142), which its wall does not. Moreover, the Court recognized (paragraph 162) that both “Israel and Palestine are under an obligation scrupulously to observe the rules of international humanitarian law, one of the paramount purposes of which is to protect civilian life.”
We applaud the sound legal opinion rendered by the ICJ (paragraph 163(B)) to the effect that “Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, [and] to dismantle forthwith the structure therein situated.”
As US organizations that support a US foreign policy based on human rights and international law, we believe it is important for Congress to implement the steps called for by the ICJ. In its advisory opinion, the ICJ ruled: “All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction.” The court also ruled that all states must “ensure compliance by Israel with international humanitarian law” as embodied in the Fourth Geneva Convention (paragraph 163(D)).
We commend your courageous decision to vote no (or present) on House Resolution 713 and uphold the integrity of the ICJ. We look forward to working with you to improve US policy toward Israel and Palestine so that we support peace, justice, self-determination, human rights, and international law for everyone.
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