The International Court of Justice in The Hague rules against Wall, AsiaNews.com, 9 July, 2004

Political decisions remain the purview of the United Nations. The Court upholds open access to the Holy Sites. Fr. David Jaeger, Franciscan in the Holy Land, speaks on the matter

Jerusalem (AsiaNews) – In exercising its authority, the International Court of Justice (ICJ) affirmed its jurisdiction in the matter and its right to rule on the legality of the wall separating Israel from the Occupied Territories It began outlying the terms of its decision today at 3 p.m.

Begun in 2002, the wall is seen by Israel as a defensive barrier. Israeli officials have pointed out that because of the wall terrorist attacks have dropped by 90% in the last few months. Palestinians retort that the wall is being largely built on occupied land and is making their lives difficult, if not impossible.

The Court’s decision was read by the President, Chinese judge Shi Jiuyong, in a session that lasted two hours. Sources from the European Union as well as Israel and Palestine had already leaked some information, and as the leaks predicted, the Court found the barrier “contrary to international law” and called for its dismantlement. Palestinians whose land was expropriated for building the wall should receive compensation for damages suffered.

Israel’s Justice Minister Yosef Lapid stated that the Jewish State would not accept the decision of the Court. Palestinians instead praise the decision as an “historic victory.”

In order to fully appreciate the significance of the ICJ’s decision, AsiaNews asked Father David Jaeger for his opinion. Father Jaeger is a Franciscan of the Holy Land Custody and a well-known legal scholar and Middle East expert. His views are especially important since Israel has promised to guarantee open access to the Holy Sights under its control.

What is the significance of the ICJ decision?

The Court’s decisions are often a source of a widespread misunderstanding. Such decisions do not come at the end of a trial; they are not verdicts; they are just legal opinions. In the wall case, it is a legal opinion that the General Assembly of the United Nations (UN) pursuant to its Statutes and those of the Court. The Court reached an opinion and made it public. Thus, the legal part of the issue is done and over. What is left is the political phase which goes back to the UN.

What impact will the ruling have?

It all depends on what the UN will do or not do. Interestingly, the ICG’s decision came in the wake of that of Israel’s Supreme Court. A few days ago, it ordered its own government to change the alignment of the wall in order to reduce its impact on the lives of the people living on the West Bank.

What changes with the ICJ decision?

The Court did not rule on any dispute between Israel and Palestine. The opinion is not about Israel or Palestine but was made on behalf of the UN. Once the UN makes a decision, that is to say, if it wants to make one, Israel can respond. But the UN can decide not to decide. If it does decide to pass a resolution making demands on Israel, it is possible that it may not demand all that is in the Court’s opinion.

And what is your own opinion?

The Court’s opinion was expected and was no big surprise. What matters to me are the sections about the Holy Sites. The wall’s alignment heavily disrupts movements to and fro the Mount of Olives. The wall cuts across Bethany ((al-Azariyeh, Editor’s Note), especially the Sanctuary of St. Lazarus, just outside of Jerusalem cutting it off from the traditional pilgrims’ route from Jerusalem. This is a problem for the Catholic Church. Many US Congressmen and women, traditionally pro-Israel, have asked several times that the wall alignment be changed in this area. Irrespective of the Court’s or the UN’s decision, I sincerely hope that Israel ponders over where it puts the wall on the Mount of Olives. That way we can keep all sanctuaries and holy sights together.

Vatican disappointed by negotiations with Israel, Catholic News 9 July, 2004

Vatican officials were reportedly disappointed with the outcome of recent negotiations with Israel on the implementation of parts of a 1993 treaty.

Catholic News Service quotes a "well informed source" who is puzzled by the apparent lack of progress.

"When the delegation of the Holy See came to the table, the delegation of Israel claimed to have no mandate to negotiate on any of the outstanding matters. This is why (the talks) haven't advanced. ... It is a mystery," said the SOURCE.

Topics discussed at Monday's meeting included the church's tax status and legal disputes over holy sites, the source said. Last August, Israel withdrew from the negotiations without explanation, said the source. In May, Israel indicated that it was prepared to resume talks.

The December 1993 "Fundamental Agreement Between the Holy See and the State of Israel" established full diplomatic relations between the Vatican and Israel. It outlined principles of religious freedom and church-state relations, leaving the more difficult issues -- such as the church's tax status and property holdings -- to subsequent joint commissions. The church has charged that several of these issues have yet to be resolved.

However the Rome-based AsiaNews agency, which has been closely following the issue, remains optimistic that negotiations between Israel and the Vatican will reach a positive conclusion “by the end of 2004". It said Monday's talks were not productive “because it was still too early”.

SOURCE
Vatican disappointed by negotiations with Israel, source says (Catholic News Service 7/7/04)
By 2004, full relations between Israel and Vatican: ambassador gives his word (AsiaNews 8/7/04)

Israeli envoy promises accord with Vatican, AsiaNews 8 July, 2004, Rome

Jul. 08 (AsiaNews) - Israel's ambassador to the Holy See has categorically promised that his country will wrap up negotiations with the Vatican, completing the process of establishing formal diplomatic relations, by the end of this year or early 2005.

Despite delays in the negotiations, which have caused evident frustration among Vatican officials, Ambassador Oded Ben Hur told the AsiaNews service that his government is "absolutely determined to conclude the accords by the end of the year."

In an exclusive interview with AsiaNews, Ben Hur it was "still too early" to conduct negotiations on July 5, when representatives of both sides sat down in Jerusalem for a heavily anticipated resumption of talks-- only to adjourn after 3 hours, setting a new date for talks in September. But he insisted that his government was poised to move foward promptly to fulfill its obligations under the "fundamental accord" signed with the Holy See in 1994.

[The full text of the Israeli ambassador's interview is available on the AsiaNews web site.]

By 2004, full relations between Israel and Vatican: ambassador gives his word by Bernardo Cervellera, AsiaNews 8 July, 2004, Rome

In an exclusive interview with AsiaNews, His Excellency Oded Ben Hur explains the reasons for his optimism

Rome (AsiaNews) - Negotiations between Israel and the Vatican will reach a positive conclusion “by the end of 2004"; talks that took place July 5 in Jerusalem were not productive “because it was still too early”, as explained by the Israeli Ambassador to the Holy See, Mr. Oded Ben Hur, in an interview with AsiaNews. He says he is “profoundly optimistic” about the process: “Technical difficulties exist, as do resistances, but we hope the accords will be concluded by the end of 2004, at the most in early 2005". Ambassador Ben Hur’s optimism is based on a particular certainty: “that the government [lead by Sharon, Editor’s note] is absolutely determined to conclude the accords by the end of the year”.

The Fundamental Agreement between the Holy See and Israel, signed 10 years ago, was to lead to series of concordats that were to ensure the rights and freedom of the Church in Israeli territory. In all these years, however, Israel omitted to enact the Fundamental Agreement under state law.

On August 2003, without explanation, Israel withdrew its delegation entirely from negotiations when the two parties were working on provisions protecting Church properties and tax exemptions.

On July 5, negotiations began again, but the meeting, after only 3 hours, was adjourned to the beginning of September. Various observers complained that, after a year’s wait, the meeting ended without producing any results. Ambassador Ben Hur specifies that “the meeting of July 5 should not be judged negatively. That date was part of the protocol and showed that relations are going ahead after last year’s stall.”

Ecclesiastical sources had told AsiaNews that the meeting was to be “a fully-fledged negotiation and not a pro forma meeting”. Ambassador Ben Hur remains nevertheless optimistic: “There is no doubt that, with the next appointment of September 5th, there will be much more substance on the table. The July 5th meeting produced nothing because it was still too early. It was only last May that we revived Israeli/Holy See relations.

Beh Hur explains that last May he brought together various Vatican and Israeli figures to convince them to continue discussions. Among those invited were representatives of the Foreign and Finance Ministries, along with Avigdor Itzhaki and Illan Cohen, respectively Sharon’s out-going and in-coming chief of staff. “The difference between last August [2003, when negotiations stalled, Editor’s note] and now is the involvement of the Sharon government. To have contributed to bringing about this more direct involvement is a source of satisfaction for me”. Pressure from the United States was indeed a factor behind the July 5th meeting, which he defines as “an occasion to break the ice”, adding that “however, of importance was also all the work carried out behind the scenes carried out by Israeli and Vatican figures together with me.”

The Israeli diplomat says that the process must be viewed with “great patience”. And he justifies the slow pace of work in these past months: difficulties in finding legal terms; the need to review traditional laws and modernize them, to find ways to “enhance relations with the Catholic community”, without diminishing “caution toward the various religions in Jerusalem”. In any case, Ben Hur affirms that “the representatives of various Ministries have done enough preparatory work by now on legal infrastructure,” thanks to which “the accord will not only be ratified, but implemented.”

Yet there are even deeper roots to the reasons for such a slow pace. According to Ambassador Ben Hur, in these past years, Israel had given little value to these accords with the Vatican, explaining that he has been seeking for some time “a greater appreciation for the importance of Israel/Vatican relations. In Israel, people do not realize how things are, they think that relations exist and take them for granted. Instead, we cannot ignore the Catholic world which makes up at least one fifth of humanity. On the other hand, it gets difficult to draw the Israeli government’s attention when there are daily conflicts, the fight against terrorism, relations with the United States and Europe, economic problems. Israel is a small state and we do not have a lot of personnel to assign to such studies.”

As proof of the Israeli governments interest toward Christians, Ambassador Ben Hur recalls that last February, Prime Minister Ariel Sharon launched a full study on the importance of Christians and on relations between Israel and the Christian world, creating a committee which consists of academic and political figures. “It is a gradual process,” Ben Hur says, “this decision was perhaps not appreciated by all Israeli, but it is going forward. I’m counting on a bit of patience in limiting criticism and being more open and positive.

ISRAELI ENVOY TO HOLY SEE OPTIMISTIC ABOUT TALKS Exclusive Interview With AsiaNews, Zenit.org, 8 July, 2004, Rome

ROME, JULY 8, 2004 (Zenit.org).- Israel's ambassador to the Holy See says negotiations over the 1993 Fundamental Agreement will reach a positive conclusion "by the end of 2004."

Ambassador Oded Ben-Hur, in an interview with AsiaNews, said that the talks that took place Monday in Jerusalem were not productive "because it was still too early."

Yet, the ambassador said he is "profoundly optimistic" about the process.

"Technical difficulties exist, as do resistances, but we hope the accords will be concluded by the end of 2004, at the latest in early 2005," he said.

Ben-Hur's optimism is based on his belief that the Israeli "government is absolutely determined to conclude the accords by the end of the year."

Last August, without explanation, Israel withdrew its delegation from negotiations when the two parties were working on provisions protecting Church properties and tax exemptions.

On Monday, negotiations began again, but after only three hours, the meeting was adjourned until September.

"The meeting of July 5 should not be judged negatively," Ambassador Ben-Hur said. "That date was part of the protocol and showed that relations are going ahead after last year's stall."

Church sources had told AsiaNews that the meeting was to be "a fully fledged negotiation and not a pro forma meeting."

Ben-Hur explained that last May he brought together various Vatican and Israeli figures to convince them to continue discussions. Among those invited were representatives of the Foreign and Finance Ministries, along with Prime Minister Ariel Sharon's outgoing and incoming chiefs of staff.

"The difference between last August and now is the involvement of the Sharon government," the ambassador said. "To have contributed to bringing about this more direct involvement is a source of satisfaction for me."

Pressure from the United States was a factor behind Monday's meeting, which Ben-Hur defined as "an occasion to break the ice."

The Israeli diplomat says that the process must be viewed with "great patience."

He cited reasons for the slow pace of work in these past months: difficulties in finding legal terms; the need to review traditional laws and modernize them; and the need to find ways to "enhance relations with the Catholic community" without diminishing "caution toward the various religions in Jerusalem."

In any case, Ben-Hur affirms that "the representatives of various Ministries have done enough preparatory work by now on legal infrastructure," thanks to which "the accord will not only be ratified, but implemented."

Yet, there are even deeper roots to the reasons for such a slow pace, according to the ambassador.

In these past years, he said, Israel had given little value to these accords with the Vatican.

"In Israel, people do not realize how things are, they think that relations exist and take them for granted," Ben-Hur said. "Instead, we cannot ignore the Catholic world which makes up at least one-fifth of humanity.

"On the other hand, it gets difficult to draw the Israeli government's attention when there are daily conflicts, the fight against terrorism, relations with the United States and Europe, economic problems. Israel is a small state and we do not have a lot of personnel to assign to such studies."

As proof of the Israeli government's interest towards Christians, the ambassador recalled that last February, Prime Minister Sharon launched a full study on the importance of Christians and on relations between Israel and the Christian world, establishing a committee which consists of academic and political figures.

"It is a gradual process," Ben-Hur said. "This decision was perhaps not appreciated by all Israeli, but it is going forward. I'm counting on a bit of patience in limiting criticism and being more open and positive."

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Church representative impatient on talks with Israel, CWNews.com, 7 July, 2004, Jerusalem

Jerusalem, Jul. 07 (CWNews.com) - The spokesman for the Franciscan Custody of the Holy Land has said that he is pleased with the resumption of talks between the Church and the government of Israel, but expressed some impatience with the negotiating process.

On July 5, Israeli leaders met with Church officials in Jerusalem, to resume talks that had broken off last August. The negotiations are designed to produce an agreement on economic affairs that touch on the work of the Catholic Church in the Holy Land. Such an agreement was envisioned in the "fundamental accord" that led to the opening of diplomatic relations between the Holy See and the Israeli government, 10 years ago.

Father David Jaeger, the Franciscan spokesman, told Vatican Radio that the first meetings were "cordial." But he hinted that Israeli representatives at the talks may not have the authority necessary to reach an agreement.

"When you negotiate with a government, it's better if the delegation has the necessary powers," Father Jaeger said. "As long as the government delegation doesn't have the power needed to conclude an agreement, the negotiations aren’t going to move forward."

The Israeli delegation at the talks is led by Gadi Golan, who heads the religious-affairs section of the Israeli foreign ministry. Msgr. Gianfranco Gallone, the secretary at the apostolic nunciature in Jerusalem, heads the Church delegation. The negotiations involve three key issues: the tax status of Church properties, the restoration of properties that have been expropriated in past years, and the state's role in support of Catholic charitable and educational ventures. When the "fundamental accord" was signed in 1994, the Israeli government pledged to settle these issues promptly, Father Jaeger said. But he added, "It has already been 10 years." Oded Ben-Hur, the Israeli ambassador to the Holy See, has promised that the negotiations will move quickly toward an agreement. "There is already a complete understanding between the two parties" on the major issues, he told reporters in June. The Vatican Secretariat of State responded with a more cautious statement: "We hope that the actions will match the promises."

TALKS RESUMED BETWEEN HOLY SEE AND ISRAEL, Negotiations Over 1993 Agreement to Continue, Zenit.org, 6 July, 2004, Jerusalem

JERUSALEM, JULY 6, 2004 (Zenit.org).- After almost a year hiatus, talks resumed between Israel and the Holy See on implementing the Fundamental Agreement that regulates their relations.

The Vatican delegation to Monday's meeting was headed by Monsignor Gianfranco Gallone, secretary of the apostolic nunciature in Israel, and the Israeli delegation by Gadi Golan, head of the Religious Affairs Department of the Foreign Ministry.

The Fundamental Agreement, signed by both sides in December 1993, was a milestone, initiating stable diplomatic relations between the Holy See and the state of Israel.

Last August, Israel withdrew its delegation from the negotiations taking place at the time to come to a final agreement on certain points.

Father David Jaeger, spokesman of the Franciscan Custody of the Holy Land, and consultant of the Pontifical Council for the Interpretation of Legislative Texts, told Vatican Radio that the meeting took place in "a very cordial atmosphere."

Yet, the Vatican wants the Israeli delegation to "have the necessary powers to negotiate, otherwise no negotiation will be able to make progress," Father Jaeger added.

According to the priest, the negotiations are concerned with three fundamental points.

"The first," he said, "is the Church's tax status -- rights and duties in regard to taxes; in particular, the consolidation of the exemptions that the Church has always had under all the preceding states and in virtue of international treaties."

The second concerns the restitution "of some ecclesiastical properties expropriated or lost over the years."

The third point is "the state's participation in the support of the social and educational endeavors of the Church, which it does not carry out for itself, but for the local population."

The negotiations will continue Sept. 6-9, Father Jaeger said. The Franciscan said he hopes that by that date "both delegations will have the powers to negotiate."

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US pressure helped re-start Vatican-Israel talks , AsiaNews 5 July, 2004, Jerusalem

Jerusalem, Jul. 05 (AsiaNews) - US diplomacy played a key role in the resumption of talks between the Holy See and Israel, according to a report from the AsiaNews service.

Vatican representatives met with Israeli government officials on July 5 to resume talks aimed at completing the accord that opened full diplomatic relations between Israel and the Holy See. Despite the exchange of ambassadors 10 years ago, the two parties have not yet reached agreement on the tax status of Church properties in Israel, or government funding for Catholic charitable agencies.

Diplomatic discussions between the Vatican and Israel broke down last August, when Israeli representatives walked out of talks. In March of this year, AsiaNews reports, US Congressman Henry Hyde led an effort to prod Israel back to the negotiating table.

Thanks to the US, Negotiations with the Holy See Are Back on Track, AsiaNews 4 July, 2004, Jerusalem

Jerusalem (AsiaNews) – The Church in Israel is waiting for the expected announcement that negotiations between the Holy See and the State of Israel are back on track. The Vatican and Israeli delegations will meet at 9 a.m. on Monday, July 5.

Israel had left the table of negotiations on August 28, last year. According to the local press, the Israeli government is now ready to renew talks at the direct urging of the Bush administration and influent Catholic members of the US Congress who insist that Israel respect the commitments it made in the past. On the table is a comprehensive agreement that would resolve all pending questions between the Catholic Church and the Jewish state such as the question of tax exemption status, restitution of Church properties and state funding of social welfare services provided by the Church to Israelis.

The Fundamental Agreement between the Holy See and the State of Israel was signed ten years ago. In being a party to it, the Holy See accepted Israel’s demand for the establishment of full diplomatic relations. Under the terms of the agreement a series of additional accords were supposed to be reached insuring the Church its rights and privileges in Israel. However, Israel has not passed any law fulfilling its obligations under the terms of the Agreement. On August 28, 2003, Israel withdrew from the negotiations without any explanations at a time when the two parties were working on provisions protecting Church properties and on tax exemptions.

The US played a crucial role in urging the Holy See to establish diplomatic relations with the State of Israel. Now, it is playing a similar role in urging Israel to restart negotiations with the Vatican.

On March 23 of this year, the chairman of the House International Relations Committee, Congressman Henry Hyde, a devout Catholic and one of the most influential leaders of the Republican party (which controls both houses of Congress as well as the White House) officially wrote to Secretary of State Colin Powell asking that the US urge Israel come back to the negotiating table. This step was also backed by both Jewish American and Catholic American groups.

Israeli court decision a "double-edged sword," Franciscan says , CWNews.com, 1 July, 2004, Jerusalem

Israeli court decision a "double-edged sword," Franciscan says

Jerusalem, Jul. 01 (CWNews.com) - A June 30 decision by the Israeli supreme court, requiring modifications to the Israeli "security fence" running through Palestinian territory, is a "two-edged sword," according to a spokesman for the Franciscan Custody of the Holy Land.

The Israeli court ruled that a 20-mile stretch of the fence should be moved, because building a fence according to the current plans would impose serious hardships on the Palestinian residents of the region, in villages northwest of Jerusalem. The court declared that in building the security fence-- which runs for over 400 miles through the West Bank-- the Israeli military must balance security concerns against the legitimate needs of Palestinian residents.

Father David Jaeger told a Vatican Radio audience that the court decision was a setback for the Israeli military, insofar as the three-judge tribunal unanimously agreed that the current plans for the wall are not the only possible means of assuring security for Israel. On the other hand, the court upheld the right of the Israeli government to build the wall, and to seize Palestinian territory for that purpose.

On balance, Father Jaeger argued, the court's decision might be a setback for the rights of Palestinians. "It is precisely by delegimatizing a part of the path of the mar that the court might help the government ward off internal crises," he said.

Catholic leaders in the Holy Land, joined by Pope John Paul II (bio - news), have strongl supported Palestinian criticism of the Israeli security wall. The barrier-- which includes barbed wire, trenches, and 20-foot concrete walls in some locations-- cuts through several Palestinian villages, and separates many residents from their neighbors, lands, and workplaces. Father Jaeger noted that "the wall blocks farmers from their fields, children from their schools, employees from their jobs, and patients from their hospitals." Moreover, he said, the barrier "severs the social life and social fabric of entire communities."

While the Israeli court's June 30 decision will alleviate the distress for some Palestinians living near Jerusalem, the overall complaint remains. The international court at The Hague is scheduled to hear a complaint brought by Palestinians against the construction of the wall on July 9. The issue could also be brought up for debate at the UN.

Father Jaeger pointed out that the construction of the wall would also impede the access of Christian pilgrims to many of the shrines in the Holy Land. The "security fence" would divide the Mount of Olives, for example. The tomb of Lazarus, and the home of Martha and Mary at Bethany, would on the other side of the wall, inaccessible from Jerusalem.