Judgments of the Israel Supreme Court: Fighting Terrorism within ...

National Security considered a series of proposed steps intended to prevent
additional terror acts and to deter potential terrorists from committing such
acts. See Ajuri, at 359. Despite all of these measures, the terror did not come
to an end. The attacks did not cease. Innocent people paid with both life
and limb. This was the background behind the decision to construct the
separation fence.
The Decision to Construct the Separation Fence
3. The Ministers’ Committee for National Security reached a decision (on
April 14, 2002) regarding the deployment in the “Seamline Area” between
Israel and the area. See HCJ 8532/02 Ibraheem v. Commander of the IDF
Forces in the West Bank. The purpose behind the decision was “to improve
and strengthen operational capability in the framework of fighting terror, and
to prevent the penetration of terrorists from the area of Judea and Samaria
into Israel.” The IDF and the police were given the task of preventing the
passage of Palestinians into the State of Israel. As a temporary solution, it was
decided to erect an obstacle in the three regions found to be most vulnerable
to the passage of terrorists into the State of Israel: the Umm El-Fahm region
and the villages divided between Israel and area (Baka and Barta’a); the
Qalqilya-Tulkarm region; and the Greater Jerusalem region. It was further
decided to create a team of Ministers, headed by the Prime Minister, which
would examine long-term solutions to prevent the infiltration of Palestinians,
including terrorists, into Israel.
4. The Government of Israel held deliberations on the “Seamline Area”
program (June 23, 2002). The armed services presented their proposal to
erect an obstacle on the “Seamline.” The government approved stage 1 of
the project, which provided a solution to the operational problem of terrorist
infiltration into the north of the country, the center of the country and the
Jerusalem area. The obstacle that was approved began in the area of the
village of Salam, adjacent to Meggido junction, and continued until the trans-
Samaria road. An additional obstacle in the Jerusalem area was also approved.
The entire obstacle, as approved, was 116 km long. The government decision
provided:
(3) In the framework of stage 1 – approval of the security fences and obstacles in
the “Seamline Area” and in Greater Jerusalem, for the purpose of preventing the
penetration of terrorists from the area of Judea and Samaria into Israel.
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