High Court: Palestinians must have access to lands
High court judges accept petition by 5 villages in West Bank, rule that army must not close off areas in way that prevents Palestinians from working lands
The High Court received a petition submitted by five Arab villages in the West Bank against the commander of IDF forces in Judea and Samaria, and the Samaria and Judea Police, claiming they prevented Palestinian farmers from accessing their agricultural lands and working on them.
According to the petitions, by restricting their access, the security forces cut off their principal source of finance on which the villagers depends, causing serious harm.
The ruling was issued by Judges Dorit Beinish, Eliezer Rivlin, and Salim Jubran. Judge Beinish wrote that "the use of area closures, through the minimum needed closure, could be proportional only when it is done in the name of defending Israeli residents.
The petitioners, which included Palestinian village councils and the Rabbis for Human Rights organizations, claimed that settlers were also harming the property of residents, and were not receiving appropriate punishments.
Judge Beinish responded by ruling that the "these claims and this entire issue is on the desk of the most senior decision makers in the State of Israel. These sources should be able to deal with these claims raised by the petitioners quickly."
Judge Rivlin said his decision was based on "responding to the harming of the rights of the Palestinian residents to work their lands without interference... a harasser should not be allowed to veto the right of the victim."
Judge Jurban added that "the role of the military commander is to take reasonable steps to prevent the settlers from interfering with Palestinian farmers from working their lands, and realizing their rights to freedom of movement and freedom of property."
