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High Court forbids building fence round illegal Avnei Hefetz outpost
By Yuval Yoaz

The High Court of Justice yesterday gave the state the go ahead to build the separation fence around settlements in the West Bank, while forbidding it from building it around illegal outposts.

The court has therefore defined a legal difference for the first time between building the fence around settlements and around illegal outposts.
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The court issued an interim injunction permitting the state to build the fence around the settlements Avnei Hefetz and Einav, but forbade building it around one illegal outpost and another temporary one near those settlements.

Justices Aharon Barak, Dorit Beinisch and Ayala Procaccia issued the injunction in response to the petition submitted seven months ago by the council heads of the villages of Beit Lid, Ramin, Shufa and al-Labad against the separation fence path planned near their villages.

In June the state undertook that no trees would be uprooted and no farming terraces would be destroyed in the fence's construction.

Security, not trees

However, in recent weeks the state asked the court to exempt it from this commitment due "to the crucial security need to complete the work in the area."

The security need became more pressing, the prosecution claimed, as after the disengagement Avnei Hefetz and Einav have become the northernmost Israeli settlements in the West Bank.

The prosecution argued that it could not proceed with the fence construction around these settlements without causing damage to private Palestinian-owned lands.

The court's decision addressed the argument on whether the separation fence route was based on security considerations alone, or marks Israel's future borders.

The fence around Avnei Hefetz is 400 to 1,500 meters away from the settlement's houses in various places and is also planned to surround an illegal outpost east of the settlement.

The fence around Einav is 400 to 800 meters beyond its houses and is planned to surround a temporary military outpost north of the settlement.

The prosecution says the fence should be built 400 meters from the houses, to create a "protective zone" that would reduce the danger to the settlers, as well as a "chase zone" in case terrorists break through the separation fence.

The justices prohibited the state from building the fence east of Avnei Hefetz around the illegal outpost.

The justices also prohibited the state from building the fence north of Einav around the temporary military outpost
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