afrographX
06-30-2004, 09:22 AM
Israel's High Court has ordered changes to the route of the West Bank barrier, saying it is hurting Palestinians.
It said the route around Jerusalem must be changed to reduce hardships, even if that meant less security for Israel.
The BBC's Barbara Plett in Jerusalem says the ruling sets a precedent for other legal disputes about the barrier.
Israel says the barrier is necessary to keep out suicide bombers; Palestinians call it a land grab that divides people from their families, jobs and schools.
The decision comes before a non-binding ruling by the UN's top court on the legality of the controversial network of fences and walls, planned to extend for 640km (400 miles) through occupied territory.
The International Court of Justice was asked to examine the issue last December amid mounting international concern and has said it will release its findings on 9 July.
'Delicate balance'
The landmark ruling by the High Court of Justice affects a 30km (19-mile) section of the barrier to the north-west of Jerusalem.
The case was launched by Palestinian residents who said the barrier would disrupt the lives of 45,000 people in 10 villages by cutting them off from farms, schools and jobs.
The three-judge panel of Israel's highest court decided the government had the right to build the barrier and that construction was permissible on occupied land but that an alternative route was possible.
"The route disrupts the delicate balance between the obligation of the military commander to preserve security and his obligation to provide for the needs of the local inhabitants," said the ruling from Chief Justice Aharon Barak and Justices Mishael Heshin and Eliyahu Matza.
"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 decision sets a precedent for cases in more than 20 other petitions against sections of the barrier which have either been built or are planned.
Mohammed Dahla, a lawyer representing the Palestinians hailed what he called a "courageous and very important" decision.
"This decision is more important than the one at The Hague because this one will be followed," he said outside the court.
"It says what we said from the beginning, that the building of the wall as it is being built is illegal and that there is another way to build it that will give security to Israel but won't violate Palestinian rights."
Israel's defence ministry said the ruling would be complied with in full and a new route would be drawn up.
Palestinian Prime Minister Ahmed Qurei insisted that the whole barrier should be torn down.
"It's a racist separation wall and therefore it should fall. There is no other alternative," he said.
Construction of the section of the barrier affected by the ruling was frozen by the court in March while the case was pending.
there seem to be at least some reasonable israelis in charge
source: http://news.bbc.co.uk/2/hi/middle_east/3852385.stm
It said the route around Jerusalem must be changed to reduce hardships, even if that meant less security for Israel.
The BBC's Barbara Plett in Jerusalem says the ruling sets a precedent for other legal disputes about the barrier.
Israel says the barrier is necessary to keep out suicide bombers; Palestinians call it a land grab that divides people from their families, jobs and schools.
The decision comes before a non-binding ruling by the UN's top court on the legality of the controversial network of fences and walls, planned to extend for 640km (400 miles) through occupied territory.
The International Court of Justice was asked to examine the issue last December amid mounting international concern and has said it will release its findings on 9 July.
'Delicate balance'
The landmark ruling by the High Court of Justice affects a 30km (19-mile) section of the barrier to the north-west of Jerusalem.
The case was launched by Palestinian residents who said the barrier would disrupt the lives of 45,000 people in 10 villages by cutting them off from farms, schools and jobs.
The three-judge panel of Israel's highest court decided the government had the right to build the barrier and that construction was permissible on occupied land but that an alternative route was possible.
"The route disrupts the delicate balance between the obligation of the military commander to preserve security and his obligation to provide for the needs of the local inhabitants," said the ruling from Chief Justice Aharon Barak and Justices Mishael Heshin and Eliyahu Matza.
"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 decision sets a precedent for cases in more than 20 other petitions against sections of the barrier which have either been built or are planned.
Mohammed Dahla, a lawyer representing the Palestinians hailed what he called a "courageous and very important" decision.
"This decision is more important than the one at The Hague because this one will be followed," he said outside the court.
"It says what we said from the beginning, that the building of the wall as it is being built is illegal and that there is another way to build it that will give security to Israel but won't violate Palestinian rights."
Israel's defence ministry said the ruling would be complied with in full and a new route would be drawn up.
Palestinian Prime Minister Ahmed Qurei insisted that the whole barrier should be torn down.
"It's a racist separation wall and therefore it should fall. There is no other alternative," he said.
Construction of the section of the barrier affected by the ruling was frozen by the court in March while the case was pending.
there seem to be at least some reasonable israelis in charge
source: http://news.bbc.co.uk/2/hi/middle_east/3852385.stm