Court reaffirms everyone's right to a secure and free access to Holy Places
Vatican spokesperson Joaquín Navarro-Valls: "It is a ruling that matters."
ROMA (AsiaNews) In its advisory opinion of July 9 (No. 131 of the General List) the International Court of Justice (ICJ) ruled that Israel is duty-bound to guarantee "freedom of access, visit and transit" to the Holy Places "without distinctions of nationality". The ruling came in response to a request made by the General Assembly of the United Nations (UN) concerning the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory", including, says the Court, "in and around East Jerusalem".
"It is an important ruling because it comes from with the United Nations," commented Vatican spokesperson Joaquín Navarro-Valls in response to a question about the Pope's reactions to the ICJ's recent judgement. "Now," Navarro-Valls added, "we shall see what governments will do."
The status of the Holy Places was not within the purview of the request made by the General Assembly which was, "What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary General [ ]." The Court was therefore not directly required to rule on the issue. However, the latter did play a role both in terms of the historical reconstruction of the responsibilities of the Jewish State vis-à-vis the territories it has occupied following the 1948 and 1967 wars as well as in terms of Israel's final obligations.
Notwithstanding Israel's decision proclaiming Jerusalem its "undivided and eternal capital", in the Judges' opinion, East Jerusalem is part of the occupied territories, including the Holy Places therein. Hence, its assertion that Israel must "secure free access" to all Holy Places under its control. In formulating its opinion, the ICJ stated that the "status of the Holy Places" dates back to the Ottoman Empire, i.e. it is "very old", and this fact has been reiterated at every change in sovereignty. This is especially important for, in the aftermath of the Second World War, the General Assembly adopted resolution 181 on the future government of the country dividing it into two states one Jewish, one Arab and devoting an entire chapter to the partition of the Holy Places. Article 2 of this chapter provided that "the liberty of access, visit and transit" should be guaranteed not only to the citizens of the two states but also "to aliens, without distinction as to nationality, subject to requirements of national security, public order and decorum." This principle was further reiterated at the end of 1948 war in the armistice agreement between Jordan and Israel.
According to the Court, "this undertaking by Israel has remained valid for the Holy Places which came under its control in 1967." "The undertaking has further been confirmed by Article 9, paragraph 1, of the 1994 Peace Treaty between Israel and Jordan, by virtue of which, in more general terms, 'Each party will provide freedom of access to places of religious and historical significance.'"
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