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February 2004

International Court of Justice and Israel Security Fence

The UN General Assembly, by a narrow vote and without a majority, recently referred the question of the legality of Israel’s security fence under international law to the International Court of Justice. The IPA/OU strongly criticized this measure as yet another attempt by the Palestinians to “politicize” the court and to bypass the negotiating process. It makes no mention of the terrorism that necessitated the building of this fence in the first place and attempts to involve the Court in a highly charged political issue. Repeatedly using the phrase “occupied Palestinian territories and Jerusalem”, the resolution prejudges that the disputed territory belongs to the Palestinians, despite the fact that the 1967 lines were only armistice lines, and not fixed political boundaries.

Israel is making the case that the ICJ cannot render an opinion on this issue and has no authority to do so. Israel has sought to persuade other countries to file similar statements and about twenty-five have already done so, including members of the EU, Russia, the US, Canada, and Australia. Many of these countries that supported Israel did not do so as an expression of support of the security fence, but because they recognize that this could set a precedent that can be used against them as well. Many of those countries that oppose the fence and want the Court to rule that it violates international law have totalitarian regimes and/or ties to terrorism and they view this move as another opportunity to undermine Israel’s status in the international community.

The courts will begin hearing oral arguments on February 23, 2004 and the Palestinians are preparing to turn the proceedings into a media circus that may create an atmosphere similar to that of the Durbin UN Conference on Racism.

At a recent press conference in New York City, Senator Hillary Clinton announced that a focused initiative will soon come from the leadership of the US Congress. The IPA/OU will notify all our members as soon as that measure is agreed upon and will provide all the information necessary to help support it.

IPA/OU members in the meantime can convey their concerns to UN representatives and to members of Congress using the following points:

Israel’s security fence is a response to the suicide bombings and other acts of terrorism carried out by Palestinian groups against Israeli civilians for more than three years. Israel’s government has repeatedly indicated that the fence is not an attempt to set up a defacto political border, nor is it intended to be permanent. It is simply the most effective way Israel can find to protect the lives of its citizens from violence. If the Palestinians would stop the terror, the fence would come down.

Bringing the matter of the security fence before the ICJ is an initiative to use the Court as a vehicle in the campaign to delegitimize Israel. Bringing a political dispute before the ICJ is an abuse of international law that will undercut the credibility of the institution itself.

The Court’s involvement with this issue will only serve to undermine prospects for a true peace by attempting to circumvent direct negotiations. The only effective way to resolve concerns over the security fence and the land disputes is through direct negotiations between the parties, not by attempting to have a third party impose a settlement.

Israeli-Palestinian Peace Enhancement Act 2003 – S.1944


The principles set out by President Bush on June 24, 2000 that must serve as the basis of any Middle East peace process are now more important than ever. There can be no sensible basis for moving ahead with the peace process unless the Palestinians stop the terror and violence and dismantle the terrorist network. As demanded by President Bush, the Palestinians security apparatus must truly fight terrorism and not engaged in it, for without an end to violence, no peace is possible.

To ensure that the Palestinians live up to these reforms, legislation was introduced by Senator John Ensign (R-NV) and Senator Bill Nelson (D-FL) that would codify the June 24th principles as a freestanding bill. The purpose of the bill is to demonstrate that the United States is only willing to provide assistance to a peaceful and democratic Palestinian state after it has achieved these reforms outlined by President Bush and has achieved peace with Israel. These reforms must be in place if Congress is to recognize any Palestinian state. This bill also seeks to coordinate other countries and NGO’s in monitoring aid to the Palestinians in order to assure that it is used for the purposes for which it was provided and not for terrorist organizations and activities.

Please write to your Senators and urge them to cosponsor and help pass S.1944, the Israeli-Palestinian Peace Enhancement Act of 2003. Or call your Senators at 202-224-3121. Ask for the office of your Senator and urge him/her to cosponsor and support S.1944. Senators can be written at:

Senator ______
United States Senate
Washington DC, 20510.


International Studies in Higher Education Act, H.R.3077

As concern increases about anti-Israel attitudes on campuses across the country, it is clear that an anti-Israel and anti-West ideology pervades Middle East Centers funded under Title VI of the Higher Education Act. This distressing phenomenon undermines support of American foreign policy and security interests.

Title VI of the Higher Education Act provides federal funds to selected international studies in foreign language centers in universities across the country. This was enacted by Congress to help meet vital national needs including training experts for national security and other government service. Unfortunately, far too many Title VI centers fail to serve the basic objectives of the program and many centers commonly exclude scholars who hold other viewpoints. As a result, an anti-American perspective dominates our federally funded centers. Many Title VI centers discourage students from entering US government service or supporting American policy.

The problem is most acute in Middle East studies. Rather than encouraging academic objectivity, Title VI centers have a political agenda. Before September 11th, for example, scholars characterized radical Islamism as a movement for democratic reform. Few focused on Islamist terrorism because that was considered to “reinforce negative stereotypes.” These centers do not produce the kind of realistic depiction and analysis that students, the public, and the government need in order to properly assess the situation in the Middle East. The large influx of Saudi and other politically motivated funds to some of the Title VI Middle East centers casts further doubt on their independence and objectivity.

H.R.3077 is meant to address the flaws in the Title VI funding program. This bill provides that international study centers selected to receive Title VI funds would have to demonstrate that their activities advance US national interests and foster debate from diverse perspectives. An independent advisory board would be established to make recommendations to the Secretary of Education and the Congress for improving the Title VI program to ensure that it meets its objectives. H.R.3077 would make sure that those purposes for which Title VI tax dollars are provided are served, namely instructing, educating, and training experts for national security and other government service and educating the public on international affairs.

We urge all our members to contact their Senators and ask them to support H.R.3077, the International Studies in Higher Education Act. This would help ensure that Title VI centers would help the US government meet national security and foreign policy needs. Senators can be contacted at (202)-224-3121.

Israeli MIA’s

As a result of a recent prisoner swap with Hezballah, Israeli businessman and IDF reserve army colonel Elchanan Tenenbaum who was kidnapped in October of 2000 was returned to Israel. Also returned were the bodies of Israeli soldiers Binyamin Avraham, Adi Avitan, and Omar Souad who were kidnapped along Israel’s border with Lebanon on October 7th, 2000 and murdered shortly after. This exchange was facilitated by a German mediator who had been allowed to meet with Tenenbaum in captivity.

The IPA/OU is reminding its members that not all of the MIA’s have been returned and that Syria continues to hold Israeli hostages. Ron Arad, Zachary Baumel, Tzvi Feldman, Yosef Katz, and Guy Hever are still missing and unaccounted for. In 1999, the IPA/OU helped pass S.676 and H.R.1175, the Zachary Baumel Law, that specifies that the State Department must raise the plight of these missing soldiers in all relevant Middle East discussions and report the findings to Congress. More than twenty-one years have passed since these Israeli soldiers have disappeared. Please contact your Senators and Representatives and urge them to implement these laws and keep this issue on the agenda of Middle East talks. Senators can be reached at (202)-224-3121 (ask for the office of your Senator) and Representative can be reached at (202)-225-3121 (ask for the office of your Representative).

“The Passion” - Film


The IPA/OU has been concerned about the reports surrounding the soon-to-be released film, “The Passion of the Christ” and the impact it may have on both Jews and non- Jews. Passion plays, dramas about the death of Jesus, date from the Middle Ages when they often led to attacks on European Jews. By the end of World War II and the Holocaust, and the later positive teachings of the Second Vatican Council in 1965, many Christian leaders publicly taught that traditional Passion plays are a source of negative and false teachings about Jews and Judaism. This view was supported by Pope John Paul II who declared in 1985, “we should aim, in this field, that Catholic teaching at its different levels presents Jews and Judaism not only in an honest and objective manner, free from prejudices and without any offenses…” In 1988, the National Conference of Catholic Bishops published a strongly worded teaching document that urged all “depictions of the sacred mysteries conform to the highest possible standards of biblical interpretation and theological sensitivity. The greatest caution is advised in all cases where it is a question of passages that seem to show the Jewish people in an unfavorable light.”

Troubled by reports of versions of the new film, the Inter-religious Committee of the Orthodox Union and the Rabbinical Council of America met with Bishop Murphy and representatives of the New York Archdiocese to discuss this issue, among others. We expressed particular concern about the possible impact of the film on the Jewish communities in Europe and Latin America. We were assured that the National Conference of Catholic Bishops will issue a volume in keeping with the 1988 teaching document that will help Catholic leaders and teachers teach about their faith in ways that will avoid legitimating anti-Semitic rhetoric and behavior. The Catholic leaders reiterated the Catholic Church position that condemns anti-Semitism and committed to doing their utmost to discourage any negative attitudes that may be transmitted by the film.

The IPA/OU will continue to be in contact with Catholic and other Christian leaders regarding this and other concerns. Materials are being developed by the OU and will be distributed soon to rabbis and lay leaders in order to help address various aspects of the film and answer questions that may be raised by members of our and other communities.

Synagogue Bombings in Turkey


The IPA/OU recently participated in a meeting with the Prime Minister of Turkey discuss Turkey’s relationship with the US, Turkish-Israel relations, terrorism, and anti-Semitism. The Prime Minister said that the terrorists who attacked the two synagogues in Istanbul did not show any mercy, not even on the occasion of a Moslem holy day, and murdered both Moslem and Jews. He assured us that Turkey is doing its utmost to confront terrorism and anti-Semitism but fears that terrorism will still continue to be a threat. He stated that Turkey remains a strong ally of the US and will continue to be a strategic partner and ally in NATO. He added that the state of Turkish-Israeli relations remains solid. Turkey and Israel have recently cemented an agreement that will enable Israel to buy water from Turkey and details are being worked out to make this happen soon. The Prime Minister committed to continue strengthening relations with both the US and Israel, emphasizing that Turkey is the only Moslem and democratic state in the region.

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Institute of Public Affairs

Union of Orthodox Jewish Congregations of America
Institute for Public Affairs

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