Israel's Security Barrier: An International Comparative Analysis and Legal Evaluation

By Feinstein, Barry A.; Weiner, Justus Reid | The George Washington International Law Review, January 1, 2005 | Go to article overview

Israel's Security Barrier: An International Comparative Analysis and Legal Evaluation


Feinstein, Barry A., Weiner, Justus Reid, The George Washington International Law Review


I. INTRODUCTION

Some call it a fence. Others call it a wall. Some see an outrageous land grab disrupting thousands of lives,1 an "apartheid" scheme2 with intent to expel3 the residents living on one side4 and to imprison residents living on the other.5 Others look upon it as the ultimate passive, non-violent solution that will save lives, that will protect themselves and their children from the ongoing horror of suicide bombings and other deadly terror attacks.6 These are the incongruent perceptions of Palestinians and Israelis to the fence/ wall7 that Israel is constructing between the two populations in the occupied/disputed8 territories of the West Bank.

Whether it is called "terrorism," "an armed struggle against occupation," or "jihad," violent attacks by armed groups aimed at civilian populations and non-military targets constitute a new life-anddeath challenge worldwide. To meet this challenge, states on the front lines in the global war on terrorism are taking defensive measures. These measures, designed to reduce the threat created by sustained waves of terrorism, include minefields, berms, trenches, buffer zones, barbed wire, sensors, sandbags, neutral zones, cement-filled pipelines, fences, and fortifications. Saudi Arabia, for example, is constructing a security barrier that includes cameras and other electronic sensing devices along its disputed border with Yemen that "is part of a larger plan to erect what will be an electronic surveillance system along the entire length of the Kingdom's frontiers . . . involving fencing, cameras and other electronic detection equipment."9 In 1999 Russian forces began digging a sixtyeight mile trench bounded by a barbed-wire fence and reinforced by surveillance towers to protect against attacks by Chechen rebels.10 Similarly, in response to Pakistani-supported terrorist infiltration,11 India has been engaged in the construction of an electrified12 security fence in disputed Kashmir that extends for hundreds of miles.13 Fences and other barriers have also been constructed for other reasons in many other parts of the world. Thus, for example, the United States has built a barrier between it and Mexico as part of the struggle to control illegal immigration and drug trafficking, [s]ome sections [of which] are concrete, others sheet metal. The barrier is three layers deep in parts, fifteen-feet high, and surrounded by razor wire. The area around it is lit by searchlights, monitored by cameras, motion detectors, and magnetic sensors, and patrolled by armed guards with attack dogs.14

For similar reasons, an electrified fence ten15 to twelve16 feet high is currently under construction between Botswana and Zimbabwe,17 and is expected eventually to "snake across 300 miles of desert scrub."18 This Article discusses in detail these as well as many other examples of barriers.

While such barriers are rarely covered or even mentioned in the media, the security barrier under construction today by Israel is currently the focus of much of the world's attention. The United Nations security Council (security Council) not long ago considered a draft resolution19 claiming that Israel's barrier violates international law and that its construction "must be ceased and reversed."20 The draft resolution was defeated.21 Then, on October 21, 2003, the United Nations General Assembly (General Assembly) adopted a resolution that "demanded 'Israel stop and reverse the construction of the wall in the Occupied Palestinian Territory.'"22 Subsequently, in a controversial move, the General Assembly on December 8, 2003, requested the International Court of Justice (ICJ) to render an advisory opinion23 on "the legal consequences arising from the construction of the wall being built by Israel."24 Consequently, the ICJ took up the case to issue a nonbinding advisory opinion, and, in its Order Organizing the Proceedings, specifically stipulated that "it is incumbent upon the Court to take all necessary steps to accelerate the procedure" on the matter.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Israel's Security Barrier: An International Comparative Analysis and Legal Evaluation
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.