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ANALYSIS / Fence relocation is acknowledgment that route is politically motivated By Akiva Eldar, Haaretz Correspondent Tags: separation fence, israel  Who said Ehud Olmert and Ehud Barak don't talk? The State Prosecutor's Office announced Thursday that the prime minister and defense minister "recently decided on a significant change" in the separation fence's route near Ma'aleh Adumim. The two agreed to "return" about 4,000 dunams (1,000 acres), which is about half the area Israel wanted to take from the West Bank. The other half of the land Olmert of Kadima and Barak of Labor decided to "annex" to Israel to bring another small settlement inside the fence. The two have joined Chief of Staff Gabi Ashkenazi, who announced recently that the fence's route is a political question and not necessarily a security matter. Advertisement A special panel of nine justices of the High Court of Justice decided three years ago that despite the International Court of Justice in the Hague's opinion, it is legal to build the fence even over the Green Line to protect the settlements. But the High Court's ruling emphasized that each section must be examined separately, based on the test of "proportionality." Since then the court has ruled against a number of sections where the fence's route caused too much damage to many Palestinians to benefit just a few settlers. In a few cases the High Court even ordered the Defense Ministry to tear down a section and propose a new route. In the meantime, the seam zone in those sections is open and the defense budget has another hole. For almost three years, since attorney Shlomo Lecker petitioned the court on behalf of the villagers of Abu Dis and Sawahre, the High Court has been hinting to the state that there is no chance the court will approve the route around Ma'aleh Adumim. The justices heard Col. (res.) Danny Tirza, who was responsible for planning the fence route, and who admitted that the more modest route presented by Col. (res.) Shaul Arieli of the Council for Peace and Security provides the residents of Tel Aviv and Jerusalem the same level of security. Tirza also confirmed that the Defense Ministry wants to occupy 8,000 dunams (2,000 acres) eastward to meet the needs of 84 families of the new Keidar settlement and include the abandoned workshop in Keidar's previous location. The ministry also wants to meet Ma'aleh Adumim's aspirations to spread out and grow. In the meantime, the fence has continued to beckon to terrorists. Lecker and Arieli's response to the new proposal is likely to leave the fence breached for a long time. Lecker says the new route improves the situation of his clients somewhat, but continues to harm them disproportionately. Arieli, who was awarded micus curiae, or "friend of the court" status, found that the new route would cross Wadi Abu Hindi twice - or, in other words, the fence would go uphill and downhill 150 meters four times and force Israel Defense Forces troops into an inferior and dangerous position. Crossing the wadi just for the road to Keidar would require building a bridge 10 meters high at a cost of NIS 40 million. The Brodet Committee on reforming the defense budget has already determined that "the process of building the [separation] fence is another example of wasteful and deficient thinking and actions." It is also worth remembering that in the framework for the final-status agreement, Olmert is offering Palestinian President Mahmoud Abbas a territorial exchange. Another 4,000 dunams of the West Bank for the settlements means another 4,000 dunams from Israel to the Palestinians. Related articles: State orders West Bank fence rerouted in favor of Palestinians Israel agrees to raze part of West Bank separation fence UN: West Bank fence severs Palestinans farmers from fields Bookmark to del.icio.us   Nail in the coffin? Haniyeh: Arrival of blockade-busting boats spells end of Gaza siege. Operation Shalit Islamic Jihad urges Palestinian groups to kidnap Israeli soldiers.   1.   Actually, it`s the court decision that`s politically motivated 03:57  |  McQueen 22/08/08   2.   Duh!, Israel`s Land Theft is for Zionist`s Needs, Not Security 05:05  |  Johan Odin 22/08/08   3.   so? 06:29  |  potobac 22/08/08   4.   Good times are over 06:29  |  Natallie Durson 22/08/08   5.   Yawn. Has the correct ever ruled in favor of the Jews? 07:42  |  Binyamin Dissen 22/08/08   6.   Good fences make good neighbours, only on the Green Line! 07:46  |  Ivar 22/08/08   7.   Do we need any proof? 08:08  |  Tzfonit 22/08/08   8.   PA children are raised in an atmosphere of hate and lies. 08:44  |  Jean Van Daem 22/08/08   9.   Natallie too soon 08:50  |  truth 22/08/08   10.   #2 But the state needs to keep up the pretense, potobac 09:01  |  Johnboy 22/08/08   11.   Binyamin - There aren`t heavily pro-Arab laws to overrule 09:26  |  Pablo B 22/08/08   12.   occupied Morroco 09:36  |  rehovot 22/08/08   13.   Whatever the court decides the army will do as it likes 10:03  |  Cnanalau, Tova 22/08/08   14.   # 5 to binyamin dissen re: the rulings of "the correct" 11:53  |  eric 22/08/08   15.   the israeli "high court"... 12:15  |  eric 22/08/08   16.   Akiva Eldar should try other occupations 14:11  |  Sal 22/08/08   17.   one state solution 19:48  |  cc 22/08/08   18.   #8 Jean 23:08  |  yuval 22/08/08   19.   #16 23:13  |  yuval 22/08/08

Read & React Ma`aleh Adumim mayor to appeal new West Bank fence route Responses: 151 Haniyeh: Arrival of blockade busting boats spells end of Gaza siege Responses: 115 Livni: World pressure on Israel, PA could spark third intifada Responses: 142 Mofaz: Israel must show a tough stance against regional foes Responses: 93 Karim Sadjadpour: Iran doesn't want to bomb Israel, just vote it out of existence Responses: 82 More Headlines 21:56 Haniyeh: Arrival of blockade-busting boats spells end of Gaza siege 17:36 Islamic Jihad urges Palestinian groups to kidnap Israeli soldiers 01:35 Despite row over cuts, gov't likely to approve 2009 budget 09:16 Obama chooses Delaware Sen. Joe Biden as VP running mate 22:49 ANALYSIS / Obama played it safe, but is Biden good for Israel? 21:59 Paul McCartney announces he will perform in Israel next month 03:30 U.S. entrepreneur makes aliyah seeking 'next big invention' 08:17 Country or family? Israeli soldiers may have to choose which to defend 19:50 New film follows Holocaust refugees-turned-soldiers 00:36 Olmert eyes Russia trip 'to discover what they're planning to sell to Syria' 15:06 Still aiming for 2008 peace deal, Rice heads to Israel, West Bank 13:29 Four die on Israel's roads within 24 hours 00:34 Democrats in Israel irate over Hikind's support for Huckabee 09:59 Ma`aleh Adumim mayor to appeal new West Bank fence route Previous Editions Select Day 22 aug 21 aug 20 aug 19 aug 18 aug 17 aug 15 aug 14 aug 13 aug 12 aug 11 aug 10 aug

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