High Court: Separation fence can be built beyond Green Line - Haaretz

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Fri., May 22, 2009 Iyyar 28, 5769

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		A Palestinian man riding a horse near the separation fence East of J'lem on Thursday. (Reuters)

Last update - 00:00 15/09/2005

High Court: Separation fence can be built beyond Green Line

By Yuval Yoaz , Haaretz Correspondent, and Agencies

The High Court of Justice on Thursday unanimously upheld a petition submitted by Palestinian residents of several West Bank villages and ruled that the state must reconsider within a reasonable timeframe an alternative route for the separation fence in the area of the northern West Bank settlement of Alfei Menashe.

The panel nevertheless rejected a July 2004 ruling by the International Court of Justice in the Hague and ruled that Israel had - for security reasons - the authority in principle to build a separation fence in the West Bank, beyond the 1967 Green Line border.

To view a summary of the High Court's ruling click here

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The petition was submitted by residents of five Palestinian villages in an area known as the Alfei Menashe enclave. The fence separates them from the rest of the West Bank and nearby urban areas - Qalqilyah to the north and Habla to the south - where the residents had received most of their services.

The nine-justice panel, headed by Supreme Court President Aharon Barak, instructed the state to review the fence's route, including where it has already built or is under construction, and adapt it to principles which combine both security needs and Palestinian human rights. The Israel Defense Forces must come up with new solutions that would not adversely affect the quality of life of Palestinian residents as severely as the current route does, the justices ruled.

The panel ruled that according to international law, an army in occupied territory is authorized to erect a fence in order to protect the lives of its own citizens, including settlers. The High Court based its ruling on regulations of the International Court of Justice in The Hague, which constitute an integral part of international law, as well as the constitutional rights of settlers under Israeli law.

This decision rejects the petitioners' stance that Israel does not have the authority to build the fence beyond the Green Line and that the fence was being built for political, not security, reasons.

"The court reached the conclusion that the reason behind the fence is the security consideration of preventing infiltration by terrorists into Israel and Israeli communities," the ruling said. "On the other hand is the consideration of the human rights of the local Arab population."

The justices ruled that the international court's decision should be given legal weight, but that since the judges at The Hague were not presented with the complete evidential basis for Israel's security needs, and did not deal "with the factual basis regarding Israel's security-military need to erect the fence," the international court's ruling does not bind the Israeli High Court of Justice.

The ruling was formulated by the Supreme Court President Aharon Barak with the consent of all the justices on the panel. Justice Edmond Levy agreed, however, only with the outcome of the ruling, but not with its reasoning.

Justice Mishael Cheshin, who also agreed with the High Court's ruling, criticized the International Court's ruling as consisting of an "overwhelming quantity of sentimental basis that does not fit a judicial opinion."

"For this reason the ruling receives a political taint, which any ruling should keep away from," Chechin wrote in his opinion. He also questioned the factual basis of the rinternational court's ruling, arguing that it was "weak," and that "some would say that the court's ruling has no valid basis whatsoever."

Cheshin also lambasted the international court's "blatant, almost complete disregard for the security problems and the terror which have struck Israel." He went on to say that the international court's ruling outraged him and that "it has no ability to illuminate my path to carry out true and just rulings."

The High Court's ruling is likely to have serious repercussions for the actual construction of the separation fence as well as for Israel's foreign policy.

Legal sources have predicted that Prime Minister Ariel Sharon, who is in New York for the meeting of the United Nations General Assembly, will not be able to avoid addressing the High Court's ruling in public

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1.	I agree with the israeli justices	10:56	\|	Observer	15/09/05

2.	judicial bulldozering of the law	11:03	\|	Ernst	15/09/05

3.	I would laugh it it wasn`t so sad	11:27	\|	John	15/09/05

4.	Observer	12:08	\|	Axel	15/09/05

5.	The Laughing stock	12:15	\|	Johanes Franzen	15/09/05

6.	Unethical Ruling	12:22	\|	HD	15/09/05

7.	Palestinians in the Israeli High Court	13:04	\|	David	15/09/05

8.	To Ernest from Amsterdam	13:08	\|	Max Zinger	15/09/05

9.	The joke thats is international law	13:15	\|	harold	15/09/05

10.	#5, it must be so if you say it, after all you are a jack of all trades, legal trade included	13:23	\|	Raanan	15/09/05

11.	The integrity of Israel`s democratic system	13:27	\|	Daniel Isenberg	15/09/05

12.	Alfei Menashee is an illegal settlement	13:59	\|	Real lawyer	15/09/05

13.	Franzen	13:59	\|	Pt	15/09/05

14.	RIGHT DECISION WRONG REASONS ! THEY MADE NO CASE FOR ANY LEGAL BORDERS TO ISRAEL	14:00	\|	paul harris	15/09/05

15.	a court above the low	14:29	\|	kamel	15/09/05

16.	to the `Real` Lawyer	14:57	\|	harold	15/09/05

17.	#14 Paul Harris	14:57	\|	Meggie	15/09/05

18.	How the High Court Decision will be Implemented	15:03	\|	Andy Murray	15/09/05

19.	to the real lawyer? #12	15:16	\|	J E	15/09/05

20.	Israel needs to be sanctioned	15:16	\|	Ibrahim	15/09/05

21.	Protecting Settlers	15:19	\|	Andy Murray	15/09/05

22.	Isreal Borders	15:36	\|	Ron	15/09/05

23.	israeli supreme court	15:50	\|	kim	15/09/05

24.	#12 Zero lawyer	16:09	\|	Raanan	15/09/05

25.	Fence, and the Dutch, who always judge others, never themselves	16:24	\|	Tom Smitsloo	15/09/05

26.	The Fence Ruling	16:36	\|	Warren	15/09/05

27.	Put a Wall in Tel Aviv	16:52	\|	Xavier Abu Eid	15/09/05

28.	#7 Day in court	16:55	\|	david kohn	15/09/05

29.	#5 as opposed to your rantings franazi , please explain in legal ,tterms the stus of any part of israel under" internationa law"l	17:25	\|	paul harris	15/09/05

30.	#9 entirely correct and i agree !!!	17:27	\|	paul harris	15/09/05

31.	# 7 democracy	17:51	\|	clara	15/09/05

32.	Finally, law that makes sense Security Fence = Great Wall of China	18:20	\|	David Landman	15/09/05

33.	Alephe Menasche and the fence	18:25	\|	living there	15/09/05

34.	Zaid	18:37	\|	HCJ Has NO Jurisdication Thank You	15/09/05

35.	Fence in Telavive	18:42	\|	Ziad	15/09/05

36.	HCJ Has NO Jurisdiction	19:01	\|	Zaid	15/09/05

37.	Franzen2	19:31	\|	David	15/09/05

38.	Beyond legalism	19:34	\|	Ben Gurion	15/09/05

39.	Harold #9 The joke.....	19:45	\|	Gabe1	15/09/05

40.	12	19:55	\|	vladimir	15/09/05

41.	International Law - a joke	19:58	\|	Michael	15/09/05

42.	Franzen - you forgot to mention Israel is illegal.	20:11	\|	Orquest	15/09/05

43.	Sour Grapes	20:21	\|	Yiftach Paltrowitz	15/09/05

44.	Security wall/border expresses the democratic will of Israeli people	20:23	\|	Orquest	15/09/05

45.	Paul Harris wrote:	20:25	\|	Klas Dahlstrom	15/09/05

46.	Occupied land	20:31	\|	Steve Beikirch	15/09/05

47.	An Interesting Decision	20:40	\|	Mark	15/09/05

48.	Palestine is a country, not a congressional district subject to jerrymandering	20:41	\|	El-Birawi	15/09/05

49.	Living There	20:42	\|	Mark	15/09/05

50.	If Frantzens laughing...we must be right...	20:45	\|	KJJ	15/09/05

51.	Fences and Walls didn`t stop Joshua at Jericho or Romans in Jerusalem!	20:53	\|	Mustapha K	15/09/05

52.	Ernst: according to international law	21:08	\|	Kim	15/09/05

53.	Arab Judge agrees	21:10	\|	Jonathan Turner	15/09/05

54.	foiled,coises	21:10	\|	Shelley	15/09/05

55.	Steve Beikirch: " Occupied land"	21:10	\|	Kim	15/09/05

56.	Orquest....the map of the wall is disgusting	21:12	\|	Ibrahim	15/09/05

57.	Mark	21:14	\|	Kim	15/09/05

58.	High Court: Separation fence can be built beyond Green Line	21:14	\|	Arik	15/09/05

59.	The Hamas`s achievement	21:21	\|	miche norman	15/09/05

60.	5 the funny franzi	21:26	\|	bm	15/09/05

61.	to Max Zinger	21:30	\|	zizou	15/09/05

62.	ernst and anne frank	21:36	\|	the avenger	15/09/05

63.	Amazing fence!!!!	21:43	\|	Magnus	15/09/05

64.	INTERNATIONAL COURT IS A JOKE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!	21:49	\|	Yaakov	15/09/05

65.	El Birawi	21:56	\|	danite	15/09/05

66.	satan`s lawyer	22:02	\|	Tomy Weiss	15/09/05

67.	the netherlands	22:03	\|	1drngju	15/09/05

68.	Orquest # 33, the HCJ once again affirmed the fact that the Wall is NOT a political barrier	22:08	\|	Jake	15/09/05

69.	Kohn, very true, but the wheels of justice grind slowly, even in Israel...	22:11	\|	Jake	15/09/05

70.	With Weekly Supply Convoys like Mt. Scopus?	22:12	\|	Mark Lincoln	15/09/05

71.	#19 as opposed to your zionazi rantings, could you please try and make some sense?	22:14	\|	John	15/09/05

72.	Mark #36	22:15	\|	Yaakov	15/09/05

73.	Dear Clara #21	22:16	\|	John	15/09/05

74.	Gerrymandering (El Birawi #37)	22:20	\|	Ben Gurion	15/09/05

75.	Response to Real Lawyer - post #12	22:32	\|	Eugene	15/09/05

76.	CLARA: DEMOCRACY	22:32	\|	Kim	15/09/05

77.	Palestine is a country? HaHaHa...you make me laugh, Al-Birawi	22:38	\|	Eugene	15/09/05

78.	CLARA: ON DEMOCRACY (more)	22:38	\|	Kim	15/09/05

79.	Ben Gurion - A Question or Two	22:41	\|	Mark	15/09/05

80.	Dear Mr. Ben Gurion	22:45	\|	Eugene	15/09/05

81.	Kim...way to go (response to #55)	22:47	\|	Eugene	15/09/05

82.	Do you like poetry?	22:48	\|	mystery	15/09/05

83.	Hi, Eugene	22:52	\|	Kim	15/09/05

84.	Kim, no people would want to cede their country to foreign mercenaries	22:57	\|	Kim-the new one	15/09/05

85.	"the map of the wall is disgusting for the terrorists"	23:00	\|	Kim	15/09/05

86.	Arik, if might makes right..then the Nazis were right	23:00	\|	Shalom	15/09/05

87.	Kim, the Khazari neverlanders must give up the stolen land	23:01	\|	Karni	15/09/05

88.	Kim, the international law can go to hell, might is right	23:04	\|	Karni	15/09/05

89.	Eugene: I agree with you Jews must exterminate millions if need to be to defend themselves.	23:08	\|	Shlaim	15/09/05

90.	Eugene in Alfei Menashe	23:09	\|	Ben Gurion	15/09/05

91.	The Land Belongs To....ISRAEL !!!	23:11	\|	Mike	15/09/05

92.	Steve: No Violation of Geneva Conventions	23:19	\|	Mike	15/09/05

93.	New Response to the Lawyer (#12) & to military threats	23:19	\|	Eugene	15/09/05

94.	Kim - Blix Report	23:22	\|	Mark	15/09/05

95.	A glass half full	23:22	\|	Don	15/09/05

96.	Mustapha K believes he is Joshua	23:38	\|	Kim	15/09/05

97.	Occupation???	23:39	\|	Daavid	15/09/05

98.	Mark	00:01	\|	Kim	16/09/05

99.	On Occupation & Disgusting walls (response to #49)	00:07	\|	Eugene	16/09/05

100.	Yaakov 61	00:15	\|	Mark	16/09/05

101.	I AM SO HAPY FOR THE WALL!	00:18	\|	Magnus	16/09/05

102.	Ibrahim - the wall is necessary	00:23	\|	Orquest	16/09/05

103.	#31	00:36	\|	Ari	16/09/05

104.	Axel: On Walls and Human Rights	00:54	\|	Kim	16/09/05

105.	Johanes Franzen: The Israeli law meets international law	00:58	\|	Kim	16/09/05

106.	Don of Spokane	00:59	\|	Mark	16/09/05

107.	The dispossession Myth	01:12	\|	redcat	16/09/05

108.	Kim - Blix statement to UNKim,	01:31	\|	Mark Lincoln	16/09/05

109.	Mark lincoln	01:56	\|	Kim	16/09/05

110.	Worse than that	02:04	\|	Mark Lincoln	16/09/05

111.	Here`s an idea.........	02:11	\|	Jack Francis	16/09/05

112.	Haaretz Editor	02:17	\|	Mark	16/09/05

113.	Mark Lincoln	02:48	\|	Kim	16/09/05

114.	Danite - A Question about Samaritans	03:01	\|	Mark	16/09/05

115.	Great idea, Jack Francis	03:11	\|	Kim	16/09/05

116.	High Fences Make Good Neighbors	03:47	\|	Yoram	16/09/05

117.	Mark and precedent (#69)	04:17	\|	Ben Gurion	16/09/05

118.	Kim 98	05:14	\|	Mark	16/09/05

119.	Kim 98	05:15	\|	Mark	16/09/05

120.	#114, Samaritans	05:25	\|	Don	16/09/05

121.	Mustafa K #51	05:26	\|	Comforti	16/09/05

122.	Ben Gurion 117 and Precedent	05:45	\|	Mark	16/09/05

123.	#45 THE MAN FROM BRAZIL WHERE THE NUTS COME FROM	06:05	\|	paul harris	16/09/05

124.	#14 MEGGIE I CAN SPELL BUT CLEARLY CANT TYPE	06:09	\|	paul harris	16/09/05

125.	IT IS RECCOMENDED THAT ALL ANTIS ON THIS COLUMN READ THE UN REPORT AS BELOW	06:11	\|	paul harris	16/09/05

126.	#71 JOHN THE REASON IS MILITARY SERVICE AND THOSE WHO DEFEND ISRAEL	06:14	\|	paul harris	16/09/05

127.	Don - Samaritans	06:15	\|	Mark	16/09/05

128.	mark Hello!	06:36	\|	danite	16/09/05

129.	Paul 124 Typing	07:33	\|	Mark	16/09/05

130.	Dannite - Samaritans	07:37	\|	Mark	16/09/05

131.	Build that fence!	07:41	\|	Chaim	16/09/05

132.	To Kim - "Occupied land"	08:22	\|	Steve Beikirch	16/09/05

133.	To Mike - No Violation of Geneva Conventions	08:58	\|	Steve Beikirch	16/09/05

134.	the school girl	10:15	\|	Kim	16/09/05

135.	Doron Almog and MI6	10:18	\|	Warren Green	16/09/05

136.	# 6 HD, THE ISRAEL HIGH COURT WAS MORALLY WRONG IN ITS RULING	10:47	\|	Dutch	16/09/05

137.	Supreme Court ruling	10:50	\|	Doug	16/09/05

138.	Opionion Wrong, but Process evolving	23:34	\|	Rick	16/09/05

139.	Occupied Lands	18:29	\|	Messiah ben David (Prince of Justice )	19/09/05

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