Salam, Berikut ada artikel dari harian The Jakarta Post edisi Sabtu, 8 Juli 2006 tentang relevansi dari International Court of Justice dalam menyelesaikan persengketaan Palestina - Israel.
Semoga bermanfaat. Regards, Ahmad Qisa'i http://www.thejakartapost.com/detaileditorial.asp?fileid=20060708.E02&irec=1 Dragging Israel to ICJ? Ahmad Qisa'i, Aligarh, India In January 2006, Hamas won a landslide victory in democratic legislative elections in Palestine. As a hard-line Islamic group, Hamas took over the baton of leadership in Palestine from the Fatah faction, and its victory evoked mixed responses from different quarters. In the Muslim world the victory was a sign that Islam and democracy are not necessarily contradictory. While the West, especially the U.S., Israel and their allies in Europe, rejected this victory and immediately distanced themselves from the possibility of dealing with a Hamas-led government in Palestine. They went even further, cutting off all financial aid and banking channels to the Palestinian Authority, an important lifeline for the functioning of any government in Palestine, once Hamas formed a new government. The boycott and closure of financial aid and banking channels crippled the new government in Palestine. At the same time, the change of guard in Israel in late March 2006 from Ariel Sharon to Ehud Olmert seemed to have hardened the determination by the Israeli government to unilaterally define its national borders. Having secured majority support in the Knesset, Olmert vowed not to negotiate with "terror groups" (Hamas). He stubbornly continued Sharon's effort to unilaterally define Israel's national borders, regardless of objections from the Palestinian Authority. And when the atmosphere of hostility between Israel and Palestine seemed to be easing a bit, partly due to the unilateral cease-fire enforced by Hamas and the changing attitude of its leadership toward Israel, in which Hamas leaders seemed to be ready to take a pragmatic stance for the sake of the Palestinian people, Israel triggered a new conflict with Palestine. Not satisfied with its political and economic stranglehold on Palestine, Israel is now trying to grab more territory from the Palestinian Authority. Prime Minister Olmert announced recently in Washington that a Greater Israel will be created by 2010 as a final settlement of the Palestinian issue. The Israeli state plans to annex formally the whole of Jerusalem and significant portions of the West Bank, including those already gobbled up by the "apartheid wall", which Israel is constructing at breakneck speed. Israel started its grandiose plan with an attack on innocent holiday-makers on a Gaza beach, killing 10 Palestinians and injuring many others, hoping to instigate a reaction from the Palestinians. It went even further by conducting a series of air strikes in Gaza in which more innocent civilians were killed and public infrastructure damaged, besides the illegal arrest of Hamas legislators. This was all in response to the capture of an Israeli soldier by Palestinian militants in Gaza. These attacks could precipitate another intifada in Palestine and formally ended the cease-fire between Hamas and the Israeli state. Regardless of the status of Hamas in the eyes of Israel and its allies, they are the legitimate elected representatives of the Palestinians. On the contrary, the grandiose plan of Prime Minister Olmert to create a Greater Israel, and the recent attacks by Israeli forces on innocent civilians and public infrastructure in Palestine, including power and water plants and government buildings, are in violation of international law. The attacks have engendered a humanitarian crisis in Palestine. In response to these heinous attacks on innocent civilians, the Hamas-led Palestinian Authority plans to take the legal route, filing a petition against Israel in the International Court of Justice (ICJ) in the Hague, accusing Israel of "war crimes against Palestinians". It is a test for international institutions and the international community, to react positively and provide justice for people who have been the victims of injustices. Bringing the matter of Israel and Palestine to the ICJ can also be a way to settle the conflict in the region once and for all. If justice can be done for the people of Palestine, further violence and humanitarian crises in the region could be avoided. But if bias and partiality prevail, the crisis will only worsen and the violence escalate. The current Israeli offensive has enough force to trigger a third intifada by militant groups in Palestine. The writer is a PhD student in the Department of Political Science, Aligarh Muslim University, Aligarh, India. ------------------------ Yahoo! Groups Sponsor --------------------~--> Yahoo! Groups gets a make over. 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