US embassy cable - 04THEHAGUE449

UNCLAS SECTION 01 OF 02 THE HAGUE 000449 
 
SIPDIS 
 
DEPARTMENT FOR L - TAFT/SCHWARTZ, L/UNA - 
MATHIAS/LAMOTTE/COGAN 
 
E.O. 12958: N/A 
TAGS: AFIN, AORC, ICJ 
SUBJECT: ICJ: FENCE PROCEEDINGS EXPECTED TO SPARK 
DEMONSTRATIONS IN THE HAGUE 
 
REF: A. THE HAGUE 00290 
 
     B. WWW.ICJ-CIJ.ORG/ICJWWW/IDOCKET/IMWP/IMWPFRAME .HTM 
 
 1. (SBU) Summary.  On February 23-25, the International 
Court of Justice (ICJ) will hold hearings on the United 
Nations General Assembly (UNGA) request for an Advisory 
Opinion on the legality of the so-called "Israeli fence" - 
the controversial structure being built by Israel to serve as 
a security barrier dividing Palestinians from Israelis. 
While 44 governments, Palestine and three organizations (UN, 
Arab League and Organization of the Islamic Conference) 
submitted written comments, only 13 governments, 
representatives of Palestine, and two organizations (the Arab 
League and OIC) have signed up to participate in the oral 
hearings.  None of the governments which urged the Court to 
decline to address the legality of the Fence (see ref a) will 
present oral arguments, leaving the hearing to be a one-sided 
affair, with Palestine leading off with a full-morning 
presentation on the 23d.  The proceeding is expected to spark 
competing demonstrations of pro-Israeli and pro-Palestinian 
groups outside the Peace Palace, the ICJ's home, with one 
Israeli organization planning to bring the burnt-out carcass 
of a bus that was blown up in a Palestinian terrorist attack. 
A CODEL consisting of Rep. Wexler (R-Fla) and Rep. Chabat 
(R-Ohio) will reportedly address demonstrators on Feb. 23. 
End Summary. 
 
2. (SBU)  The ICJ is in the last phases of preparing for next 
week's hearing of the UNGA's request for an Advisory Opinion 
as to the legality of the Israeli security barrier, or fence. 
 The Court has issued a schedule of the proceedings, which 
will take place on the mornings of February 23, 24 and 25 and 
the afternoons of February 23 and 24.  The sixteen 
participants in the oral phase of the hearing reflect 
one-third of the submissions made by governments and 
organizations, and most, if not all, of the speakers are 
likely to ask the Court to advise that the fence is contrary 
to international law.  The position of Turkey remains 
uncertain and there are indications that it may decide at the 
last minute not to participate.  The Court has also arranged, 
for the first time in its history, for live video-streaming 
of the proceedings on its website (ref b), which will also be 
available in transcript and archived video formats.   The 
schedule is as follows with each day being divided into two 3 
hour sessions: 
 
Feb. 23 
AM: Palestine 
PM: South Africa, Algeria, Saudi Arabia, Bangladesh 
 
Feb. 24 
AM: Belize, Cuba, Indonesia, Jordan 
PM: Madagascar, Malaysia, Senegal 
 
Feb. 25 
AM: Sudan, Turkey, League of Arab States, OIC 
 
3. (SBU)  Demonstrations and activities will begin on Feb. 
21, with anti-Fence groups organizing symposia, activists 
meetings, and photo exhibits.  On Feb. 23, up to 1000 
pro-Israeli and pro-Palestinian demonstrators are expected to 
march on the Peace Palace.  Hague authorities have enlisted 
the help of riot police and have staggered the demonstrations 
to help avoid hostile confrontations and control any crowds. 
One group that has been the focus of both the media and the 
local Hague authorities is Zaka, an orthodox Jewish 
organization that is well-known for gathering the remains of 
victims of terrorist attacks in Israel and ensuring a proper 
Jewish burial.  Zaka is transporting to the Hague the 
burned-out carcass of a bus blown-up by a suicide bomber in 
Jerusalem.  A spokesman for the group says that the bus is 
supposed to emphasize how much terrorism dominates everyday 
life in Israel.  The project is funded by a Dutch foundation, 
Christians for Israel.  City Councilors in The Hague have 
expressed concern that the bus, which will be parked in front 
of the ICJ and also shuttled around the city on a truck, will 
provoke violent reactions from pro-Palestinian groups. 
Embassy RSO is also trying to confirm reports that 
pro-Palestinian groups will be bringing a vehicle blown up by 
an Israeli missile strike.  Organizations participating in 
demonstrations include B'nai Brith, Israel Project of 
Washington DC (headed by Jennifer Laszio Mizrahi), Foundation 
for the Defense of Democracies, Zaka, Christians for Israel, 
World Union of Jewish Students, Israel Information and 
Documentation Center (CIDI), Arab European League (AEL) and 
the Dutch Palestinian Committee. 
 
4. (SBU) A CODEL consisting of Rep. Wexler (R-Fla) and Rep. 
Chabat (R-Ohio) arrives Feb. 23.  The Congressmen are 
scheduled to address demonstrators on Feb. 23, in addition to 
participating in a press conference hosted by B'nai Brith. 
The Foundation for the Defense of Democracies (a 
non-religious but pro-Israeli American NGO whose board of 
Directors includes Steve Forbes, Jack Kemp, and Jeane 
Kirkpatrick) will also host a press conference featuring its 
Vice-Chairman, former US Ambassador Richard Carlson on Feb. 
23.  The Foundation will also host a photo exhibition 
Feb.23-24 portraying a history of the victims of terrorism. 
RUSSEL