Route 354
Photo: B'Tselem
Court orders IDF to reopen road closed for Palestinian use
Supreme Court rules military order barring Palestinians from using Route 354 near Hebron 'disproportionate action'; orders army come up with alternative ways to ensure safety of Jewish residents
The Supreme Court on Thursday granted a petition by the Civil Rights Association in Israel (ACRI) against a military order preventing Palestinian travel on Route 354, nine miles southwest of Hebron, calling it a "disproportionate action."
The petition was filed following a GOC Central Command order prohibiting Palestinians living in the area from using the road, with aim of protecting the residents of the West Bank settlement of Negohot.
The court ordered the IDF to rescind the restriction on the road, also known as the Beit Awa Junction, and to find different ways to ensure the safety of the Jewish residents in the area.
"It is hard to downplay the damage caused to the local residents, as clearly demonstrated by the petitioners," said Supreme Court President Dorit Beinish.
"This court was not convinced that the reason for the comprehensive restriction placed on the road applies. Closing Route 354 was meant to protect 150 Jews who reside in the area, but it affects thousands of Palestinians."
The order, she added, has effectively made any excursion by Palestinians residing in the surrounding villages a violation, in a way which "prevents them from carrying on with their daily routine."
Beinish ruled the Central Command's decision a "disproportionate action," saying the military failed to seriously consider any alternatives.
The court gave the IDF three months to find and alternative solution.
