25 Sept. 05

 
   High Court decision: Dismantle section of the Separation Barrier  


On 15 September 2005, an expanded panel of nine justices ordered the state "to reconsider, within a reasonable time, alternatives to the route of the Barrier by Alfe Menashe." The decision followed the High Court of Justice's finding that the existing route of Barrier disproportionately violates the human rights of Palestinians living in an enclave of five villages. The court directed the state to consider an alternative according to which the Barrier would enclose only the Alfe Menashe settlement and the road linking it with Israel, and not the Palestinian villages.

This is the first time that the court has voided a section of the Barrier that has already been built. The court left open the question of what happens if the state concludes that "the existing route is the only route that will provide the minimum degree of security needed." The ruling states that "the time has not yet arrived to cope with this difficulty."

In its decision, the court ruled that the military commander in the West Bank must protect the lives and ensure the safety of the settlers, and that the Separation Barrier is a lawful means to achieve this goal. This obligation exists regardless of whether the settlements are legal - an issue which the High Court avoided in its ruling. This conclusion directly contradicts the conclusion reached by the International Court of Justice, which held that the settlements breach international law and therefore Israel is forbidden to take measures that perpetuate or annex them. As a result, the ICJ held that the sections of the Barrier intended to achieve these ends are illegal.

 
Section of the Separation Barrier. Photo: B'Tselem
Section of the Separation Barrier. Photo: B'Tselem

   
   
   
 
   Separation Barrier used to enable settlement expansion  


Following the High Court's ruling regarding the Barrier near the Alfe Menashe settlement, B'Tselem and Bimkom published a new report entitled Under the Guise of Security. In their interim report, the organizations show that the primary consideration in setting the route of many sections of the Separation Barrier was the desire to include land intended for settlement expansion on the "Israeli" side of the Barrier, and not, as the state contends, based entirely on security needs. In some cases, the expansion in fact constitutes the establishment of new settlements.

In many areas, security needs were of secondary importance in determining the Barrier's route. Moreover, there were cases in which the desire to meet security needs conflicted with the desire to expand the settlements, and the authorities preferred the route that favored expansion. By giving priority to the settlement expansion plans, Israel increased the extent of the human rights violations against residents of Palestinians living near the settlements.

The report presents case studies of four settlements: Zufin, Alfe Menashe, Modi'in Illit, and Geva Binyamin-Neve Ya'akov. The case studies provide and in-depth analysis of existing settlement expansion plans and the connection between these plans and the chosen route of the Separation Barrier. The report also presents findings on eight other cases in which the Barrier's route was significantly affected by settlement expansion: Rehan, Sla'it, Oranit, Ofarim, Ari'el, Qedumim, Gevaot, and Eshkolot.

 
Aerial photo of the Separation Barrier in the Alfe Menashe area
Aerial photo of the Separation Barrier in the Alfe Menashe area

   
   
 
   "My land is on the other side of the fence"  


'Abd a-Latif 'Odeh is a farmer who lives in Dab'a, a village near Qalqiliya. He told B'Tselem how the Separation Barrier affects residents of his village:

"My house is about sixty meters away from the fence. My land is on the other side. I can see it from my house, but I can only get to it by crossing the Ras 'Atiya gate. You need a special permit to use that gate. From there, I continue to the Habla intersection, and then to the Jal'ud intersection. Then I go to Khirbet a-Salman, and then another eight kilometers by car and two kilometers by foot, because there is no paved road or dirt path to get to the land. It takes me about two hours to get to my land. If there are delays at the gate, it can take three or four hours. As a result, whenever I want to work my land, I end up spend most of my time just getting to and from it. Many farmers, including my brother, Rafik Ibrahim el-A'araj, have abandoned their fields because of the difficulties in reaching them.

"We also have problems hosting relatives and friends. Whenever people want to visit, we have to get a permit for them. Often, the requests are rejected. Even if they are granted, it usually takes more than a week to receive them. I married off my son Ibrahim two months ago. Only a quarter of the invited guests could attend."

 
'Abd a-Latif 'Odeh. Photo: B'Tselem
'Abd a-Latif 'Odeh. Photo: B'Tselem

   
   
   
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