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The original planned route of the security fence near the village of Bidu, northwest of Jerusalem. (Photo by Lior Mizrahi/BauBau)
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| By Ellis Shuman July 1, 2004 |
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Prime Minister Ariel Sharon will hold consultations with security and legal officials today to discuss the implications of yesterday's High Court ruling, which disallowed much of the planned route of the security fence in the Jerusalem area. Defense officials said the completion of the fence could be delayed by up to six months. Some officials said the court's ruling could help Israel's case at the International Court of Justice in The Hague.
Defense Minister Shaul Mofaz and Justice Minister Yosef (Tommy) Lapid will participate in the consultations today. Yesterday, the Defense Ministry said in a statement that "the replanning of [segments of the security fence in the Jerusalem area] will be based on the principles set by the High Court, namely the proper balance between security and humanitarian considerations."
Col. (res.) Danny Tirza, head of strategic planning for the fence, said the court's decision was a "black day for the State of Israel." Tirza said the ruling would have "serious security implications."
Defense officials said that as a result of the ruling, the completion of the fence could be delayed by up to six months. The officials said the rerouting of the project would result in additional expenses, as certain stretches of the fence may have to be taken down, and compensation awarded to Palestinians whose land had been appropriated.
According to Alex Fishman, writing in Yediot Aharonot, a 2-kilometer stretch of fence (1.2 miles) near the village of Bidu will have to be dismantled at a cost of 10 million shekels. Infrastructure work along some 29 kilometers (18 miles) will now be halted as well.
Naveh: Legislate law to circumvent court
Right-wing politicians called for a new law to circumvent the High Court ruling, which would ensure the fence's construction on the route approved by the government. Cabinet ministers Danny Naveh (Likud) and Zevulun Orlev (National Religious Party) said they would present legislation proposals at the next meeting of the cabinet.
"Prevention of the murder of women and children in Israel is more important than the... harm that is being caused to the Palestinians," Naveh said.
MK Gilad Erdan (Likud) is also preparing legislation declaring the construction of the security barrier a national priority. Erdan's proposal would take discussion of the barrier's route out of the court's hands, media sources reported.
Lapid said that the High Court ruling was a victory for the defense establishment, as the court had recognized the fence as a legitimate means of defense. Lapid said he had proposed an alternate route for the fence, which if it had been approved by the cabinet, would have ensured the completion of the fence's construction according to schedule.
Sharon has refused to comment on the ruling, but his associates said that the prime minister was satisfied that the court's ruling had justified the fence's construction, media sources reported.
Foreign Minister Silvan Shalom said the court's ruling showed that "the fence is moveable because we are a democracy." Speaking to reporters on the eve of an official trip to Washington, Shalom defended the fence by saying "it had saved hundreds of hundreds of Israeli lives" and resulted in a "huge decline in the number of terror attacks."
Will ICJ even bother to read ruling?
Some officials believe that the ruling will help Israel's case at the deliberations of the International Court of Justice (ICJ) in The Hague, which is to issue its advisory opinion on the matter on July 9. The officials said the fact that Israel was taking into consideration humanitarian issues, and was willing to dismantle sections previously constructed, could help sway the court in Israel's favor. Yesterday's court decision was also published in English, Haaretz reported.
If the Israeli court hadn't taken into consideration the humanitarian decision, the international community would have done so, Lapid said yesterday.
The High Court also stressed that the fence was being built due to security considerations, and not political reasons.
Writing today in Haaretz, Ze'ev Segal said it was unlikely that the ICJ would even bother to read the High Court's decision.
Most officials believe that the Israeli court's ruling will not influence the ICJ, which will still issue a ruling unfavorable to Israel. President Moshe Katsav has stated that Israel should ignore the ICJ ruling, which is only an advisory, non-binding opinion.
High Court ruling could increase security
Amir Rappaport, writing in Maariv, said the court's ruling would actually benefit the security establishment. If the fence had been constructed on its originally planned route, previously complacent Palestinian villagers would become so frustrated that they would end up resorting to violence, Rappaport said. A more humanitarian approach will serve to provide more security in the long run, he wrote.
Residents of Mevesseret Zion, outside Jerusalem, had argued that the creation of a fence between their community and neighboring Beit Surik would actually increase animosity and thereby reduce security. The fence's route in the valley between Mevesseret Zion and Beit Surik is now expected to more closely follow the 1967 Green Line border as a result of the High Court ruling.
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