Last update - 13:27
04/07/2005 |
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State to High Court: Fence
route determined not only by security considerations |
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By Yuval Yoaz, Haaretz
Correspondent |
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Israel has acknowledged for the
first time that not just "security" considerations were
instrumental in determining the route of the West Bank
separation fence.
Responding to a petition brought to
the High Court by the residents of the Palestinian village
Azun in the northern West Bank, the state asked for the fence
to be left on its original route, previously ruled to be
unsuitable, as it would be very expensive to move.
The
state's position marks a fundamental change in its legal
arguments. Initially, the state claimed security concerns were
the sole motivation for erecting the fence, and there were no
other considerations.
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In its principal ruling on
the issue last year, in the Beit Surik affair, the High Court
determined that the state has no authority to build a fence
for "political" considerations, such as appending land to
Israel.
The state's new stance also highlights a major
policy change regarding the "temporary" nature of the fence.
Until now, the state has claimed that the fence was a
short-term measure, and it was possible to move or dismantle
the barrier.
The construction of the separation fence
has already been completed in the area, and the barrier is
fully functional.
In the region north of Qalqilyah,
the route creates an "enclave" where it departs from the 1967
Green Line border and moves eastward to encompass the
settlement of Tzofin, as well as much land from the villages
of Jayyus and Azun. |
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