On 14th December 2006, the High Court of Justice ruled in favor of a petition submitted by The Association for Civil Rights in Israel (ACRI), and two other petitions on the same issue, against the continued construction of the concrete wall in the southern Hebron Hills which is being built in addition to the separation barrier in that area, and which isolates over 80,000 dunams of land and 21 Palestinian communities from the rest of the West Bank.
The High Court of Justice ordered the State to dismantle the almost-completed concrete wall which stretches 41 km along Route 317 within the next six months. However, the ruling grants the IDF permission to construct an alternative barrier in the area which will allow pedestrians and flocks of animals to move around freely.
In the ruling, the Court states that the concrete wall severely and disproportionately impacts the lives of thousands of Palestinian residents who live south of the wall or whose lands are situated south of the wall. The wall restricts the movement of pedestrians, renders it impossible for people with disabilities, the elderly, and women with young children to enjoy freedom of movement, and prevents the passage of flocks of sheep and goat to lands in which they can graze. The ruling further states that by restricting the movement of the local Palestinian residents, the wall denies them access to essential services and damages their livelihoods. The ruling emphasizes that the construction of the low wall violates the rights to ownership, freedom of movement, education, health, family life, and dignity. The wall effectively isolates a large area of land and cuts it off from the rest of the West Bank.
In light of the disproportionate harm and violation of the rights of the local Palestinian residents caused by the concrete wall, the High Court of Justice ordered the State to dismantle it within the next six months.
Background
In February 2005, following a High Court of Justice ruling, the government amended the route of the separation barrier in this area to ensure that it runs for the most part along the Green Line. The decision to build a secondary wall along Route 317 effectively reinstates the original route “through the back door.”
ACRI`s petition challenged the construction of the concrete wall and demanded the revocation of the land expropriation orders for lands owned by Palestinian residents in the area upon which the wall will be constructed. ACRI`s petition also included a statement of opinion issued by the Council for Peace and Security, a voluntary body of security experts which includes former high-ranking IDF officers. According to their expert opinion, the construction of the wall will have a negative rather than positive impact on the security situation and is clearly being determined by extraneous considerations such as the annexation of lands to Israel.
last updated : 25/12/06
