U.S. Written Statement Submitted in ICJ Proceeding on Israeli Security Barrier

The U.S. statement notes that the United States voted against the resolution referring the matter to the Court and expresses the continued U.S. view that the referral is inappropriate and may impede efforts to achieve progress toward a negotiated settlement between Israelis and Palestinians.  The statement provides the Court with important background on the Middle East peace process and identifies U.S. concerns regarding the Court’s consideration of the General Assembly’s request.  It emphasizes the Quartet-led Roadmap as the agreed upon method for moving toward a negotiated settlement, endorsed by both the UN Security Council and the UN General Assembly, and it urges the Court to avoid any actions that would interfere with or be inconsistent with the Roadmap.

Although it is not clear precisely what issues the Court might address, the statement urges the Court to give due regard to the principle that its advisory opinion jurisdiction is not intended as a means of circumventing the right of States to determine whether to submit their disputes to judicial settlement.  It stresses the particular importance of that principle where there is an established framework for addressing disputed issues through a negotiating process.  Finally, it emphasizes that the Court should not interpret the request from the General Assembly as calling into question either of two key elements underlying the peace process:  that permanent status issues are to be resolved through negotiations, and that both sides must fulfill their security responsibilities.