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"The state must find an alternative that may give less security but would harm the local population less," Israel's High Court of Justice ruled.
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| By Ellis Shuman June 30, 2004 |
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The High Court of Justice issued a landmark ruling today ordering changes in the route of the security barrier in the Jerusalem area in order to minimize hardship to the Palestinian population. The court disallowed 30 kilometers of a 40-kilometer stretch, on which construction was halted in March in response to a petition by Palestinian villagers and Israelis.
In the court's ruling, justices Aharon Barak, Eliahu Mazza, and Mishael Cheshin said the planned route of the security barrier did not provide a proper balance between security needs and the needs of the Palestinian population.
"This route has created such hardship for the local population that the state must find an alternative that may give less security but would harm the local population less. These alternative routes do exist," the High Court said.
"The route that the military commander established for the security fence ... injures the local inhabitants in a severe and acute way while violating their rights under humanitarian and international law," the court said.
The court was not convinced, however, that construction of the fence resulted from political reasons, as the petitioners claimed. The court said that Israel's defense establishment had the right to build the barrier in the Jerusalem area, but on an alternative route.
The High Court is also expected to decide on the question of Israel's right to build the fence by appropriating Palestinian lands.
The court issued restraining orders against the construction of the fence in March, in response to petitioners from Beit Surik, Bidu, Kattanah, Beit Lakiya and Beit Iksa, who were joined by Jewish residents of Mevesseret Zion.
A Channel Two television report on Friday night showed that near Mevesseret Zion, the Green Line 1967 border ran in a valley outside the community, but the planned route of the fence was on top of a nearby hill, which would cut off Palestinian villagers from their agricultural lands.
The television report also showed how homes built in Givon Hahadasha, northwest of Jerusalem, had nearly encompassed an isolated Palestinian home. The construction of the security fence there would force Palestinians to pass through a series of security gates and barriers in order to reach their home.
This week, ahead of its ruling, the High Court froze construction of the security barrier in A-Ram, just north of the municipal boundaries of Jerusalem. The court ruled that contractors could continue, however, with "reversible" construction on a 2.5 kilometer (1.5 mile) long segment of a 4.5 meter (15 feet) high wall.
Col. (res.) Danny Tirza, in charge of planning the security fence, said the court's decision would delay construction "certainly by many months."
Tirza said everything would return to their original conditions and that Palestinians will receive compensation for their losses.
Brig.-Gen. Eran Ofir, head of logistics in the IDF, hinted that the ruling could affect other areas of construction. "In regards to other areas, we will have to consider after checking the ruling and then act accordingly," Ofir said.
The International Court of Justice in The Hague is due to issue its advisory ruling on July 9 regarding the legality of Israel's security barrier. Israeli officials expect that the ruling will be unfavorable to Israel, and President Moshe Katsav said that the court's ruling should be ignored.
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