The High Court of Justice rejected Sunday the petition of five Palestinian villages against the separation fence route in the northwest area of Jerusalem. In addition, the High Court rejected requests to distance the fence from Mevasseret Zion and Har Adar, toward Palestinian villages.
The petition was submitted by the Bidu village council and the residents of four other villages, claiming that the fence harms their
rights and life fabric. The petitioners asked to distance the fence from their land toward the Green Line and Israeli communities.
Two other petitions were submitted to the high court by the Har Adar and Mevasseret Zion regional councils, claiming that the fence's route does not fulfill their security needs and therefore must be distanced towards Palestinian villages.
The State replied that the petitions should be rejected due to existential security needs, and that the route was determined solely for security considerations after it was re-sketched due to a previous petition.
Additionally, the State claimed that the Israeli communities' petition must be rejected because the Palestinian petitioners would suffer greater damage by a distancing of the fence.
The High Court had a complex decision to make. On the one hand, the fence is destined to secure Israeli lives from terrorist attacks, and has proved as highly valuable. On the other hand, the harm to the petitioners was not unproportionally harsh. In return for private land seized and trees shifted or uprooted, suitable compensation will be given.
In the verdict, Outgoing High Court President Aharon Barak, wrote: "Our mind is put to rest by the IDF Chief of Staff's decision to differentiate between security needs and Israeli and Palestinian residents' rights in a proportional manner."
Regarding the Har Adar and Mevasseret Zion petition, Judge Barak wrote: "Surely the security damage could have been minimized if only the fence would surround more territory. But this involves great damage to the Palestinian residents in the area."
"We accept the State's approach, according to which the extra security afflicted upon Har Adar and Mevasseret Zion residents by the change in the route is not comparable to the extra damage inflicted upon Palestinian residents in the area as a result of the route change," he concluded.
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