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

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7. The Prime Minister, the Minister of Defense, and the Finance Minister shall calculate the budget necessary for implementation of this decision as well as its financial schedule. The computation shall be brought before the government for approval. 8. 9. In this framework, additional immediate security steps for the defense of Israelis in Judea and Samaria during the period of construction of the obstacle in the “Seamline Area” shall be agreed upon. 10. 11. During the planning, every effort shall be made to minimize, to the extent possible, the disturbances to the daily lives of the Palestinians due to the construction of the obstacle. 12. The location of this fence, which passes through areas west of Jerusalem, stands at the heart of the dispute between the parties. The Separation Fence 7. The “Seamline” obstacle is composed of several components. In its center stands a “smart” fence. The purpose of the fence is to alert the forces deployed along its length of any attempt at infiltration. On the fence’s external side lies an anti-vehicle obstacle, composed of a trench or another means, intended to prevent vehicles from breaking through the fence by slamming up against it. There is an additional delaying fence. Near the fence a service road is paved. On the internal side of the electronic fence, there are a number of roads: a dirt road (for the purpose of discovering the tracks of those who pass the fence), a patrol road and a road for armored vehicles, as well as an additional fence. The average width of the obstacle, in its optimal form, is 50 – 70 meters. Due to constraints, a narrower obstacle, which includes only the components supporting the electronic fence, will be constructed in specific areas. In certain cases the obstacle can reach a width of 100 meters, due to topographical conditions. In the area relevant to this petition, the width of the obstacle will not exceed 35 meters, except in places where a wider obstacle is necessary for topographical reasons. In the area relevant to this petition, the fence is not being replaced by a concrete wall. Efforts are being made to minimize the width of the area of which possession will be taken de facto. Various means to help prevent infiltration will be erected along the length of the obstacle. The IDF and the border police will patrol the separation 14
fence, and will be called to locations of infiltration, in order to frustrate the infiltration and to pursue those who succeed in crossing the security fence. Hereinafter, we will refer to the entire obstacle on the “Seamline” as “the separation fence.” The Seizure Proceedings 8. Parts of the separation fence are being erected on land which is not privately owned. Other parts are being erected on private land. In such circumstances – and in light of the security necessities – an order of seizure is issued by the Commander of the IDF Forces in the area of Judea and Samaria (respondent 2). Pursuant to standard procedure, every land owner whose land is seized will receive compensation for the use of his land. After the order of seizure is signed, it is brought to the attention of the public, and the proper liaison body of the Palestinian Authority is contacted. An announcement is relayed to the residents, and each interested party is invited to participate in a survey of the area affected by the order of seizure, in order to present the planned location of the fence. A few days after the order is issued, a survey is taken of the area, with the participation of the landowners, in order to point out the land which is about to be seized. After the survey, a one week leave is granted to the landowners, so that they may submit an appeal to the military commander. The substance of the appeals is examined. Where it is possible, an attempt is made to reach understandings with the landowners. If the appeal is denied, leave of one additional week is given to the landowner, so that he may petition the High Court of Justice. The Petition 9. The petition, as originally worded, attacked the orders of seizure regarding lands in the villages of Beit Sourik, Bidu, El Kabiba, Katane, Beit A’anan, Beit Likia, Beit Ajaza and Beit Daku. These lands are adjacent to the towns of Mevo Choron, Har Adar, Mevasseret Zion, and the Jerusalem neighborhoods of Ramot and Giv’at Ze’ev, which are located west and northwest of Jerusalem. Petitioners are the landowners and the village councils affected by the orders of seizure. They argue that the orders of seizure are illegal. As such, they should be voided or the location of the separation fence should be changed. The injury to petitioners, they argue, is severe and unbearable. Over 15
Page 1: Judgments of the Israel Supreme Cou
Page 5 and 6: Introduction This volume is a compi
Page 7 and 8: Israel's Security Fence HCJ 2056/04
Page 9 and 10: months after the decision, the gove
Page 11 and 12: eached new heights of violence. In
Page 13: (4) The fence, like the other obsta
Page 17 and 18: to make it possible are illegal. Se
Page 19 and 20: they intend to erect permanent chec
Page 21 and 22: prior to reconvening, we granted (o
Page 23 and 24: and not a security border. The secu
Page 25 and 26: See HCJ 390/79 Duikat v. Government
Page 27 and 28: a system of roads can be done for r
Page 29 and 30: y local inhabitants, and that this
Page 31 and 32: The obligations and rights of a mil
Page 33 and 34: person and the inviolable character
Page 35 and 36: Gasser, Protection of the Civilian
Page 37 and 38: injury to the individual must do so
Page 39 and 40: starting point is the assumption, w
Page 41 and 42: the area. We stand, therefore, befo
Page 43 and 44: of that activity. The fact that the
Page 45 and 46: will be affected by the route of th
Page 47 and 48: Our answer to this question necessi
Page 49 and 50: of the two villages to its lands, b
Page 51 and 52: eveals that along this part of the
Page 53 and 54: seen, it is possible to lessen this
Page 55 and 56: lives of the local inhabitants caus
Page 57 and 58: 76. Is the damage caused to the loc
Page 59 and 60: Order no. Tav/110/03 81. This order
Page 61 and 62: We are aware that this decision doe
Page 63 and 64: infrastructure” - limiting its ab
Page 65 and 66:
HCJ 7957/04 1. Zaharan Yunis Muhamm
Page 67 and 68:
grenades, shooting attacks, mortar
Page 69 and 70:
(2) The obstacle built pursuant to
Page 71 and 72:
to us, part of the separation fence
Page 73 and 74:
allows residents of the enclave to
Page 75 and 76:
judgments that were handed down sin
Page 77 and 78:
16. It is sometimes necessary, in o
Page 79 and 80:
are occurring, and that therefore i
Page 81 and 82:
a necessary deduction as the milita
Page 83 and 84:
Even if the military commander acte
Page 85 and 86:
The rights granted to Israelis livi
Page 87 and 88:
the point of view of a state's righ
Page 89 and 90:
shall be protected especially again
Page 91 and 92:
preservation of the order and safet
Page 93 and 94:
78 “Al Taliyeh” Weekly v. The M
Page 95 and 96:
issuing the orders or in the proces
Page 97 and 98:
D. The Advisory Opinion of the Inte
Page 99 and 100:
Gush Etzion settlement bloc and the
Page 101 and 102:
of Nazlat Issa, where a wall 800 m
Page 103 and 104:
data, along with the high cost of t
Page 105 and 106:
3. The Legality of the Fence in Int
Page 107 and 108:
the wall, many Palestinians will li
Page 109 and 110:
uilding of a wall) fall within self
Page 111 and 112:
Beit Sourik Case. The ICJ held that
Page 113 and 114:
data is wide and deep. This differe
Page 115 and 116:
minimal factual basis is manifest,
Page 117 and 118:
necessary for achieving the securit
Page 119 and 120:
the information relayed to the ICJ
Page 121 and 122:
upon highway 6 - terrorist infiltra
Page 123 and 124:
However, this statement - which exp
Page 125 and 126:
is approximately 1,200). The enclav
Page 127 and 128:
threatens to disenfranchise them of
Page 129 and 130:
3. The State's Response 84. In its
Page 131 and 132:
opened under highway 55. Fourth, Th
Page 133 and 134:
which will be decided in the perman
Page 135 and 136:
time, surveys along the planned rou
Page 137 and 138:
The seamline area is intended to bl
Page 139 and 140:
the separation fence had not yet be
Page 141 and 142:
living primarily from growing sheep
Page 143 and 144:
the Ras a-Tira gate, the Habla gate
Page 145 and 146:
een shot on it from the direction o
Page 147 and 148:
Justice A. Procaccia I concur in th
Page 149 and 150:
characterize the factual aspect of
Page 151 and 152:
worship, because Bethlehem had turn
Page 153 and 154:
of Jerusalem’s municipal border.
Page 155 and 156:
of movement would be impinged upon
Page 157 and 158:
in which it attaches to the tomb. I
Page 159 and 160:
decision to pave the road and erect
Page 161 and 162:
worshippers from terrorist attacks,
Page 163 and 164:
intention to alter the route, and e
Page 165 and 166:
Freedom of religion and worship . .
Page 167 and 168:
private and public property and fre
Page 169 and 170:
freedom located at the highest leve
Page 171 and 172:
p. 369; H.C.J. 4044/93 Salomon, at
Page 173 and 174:
person to leave the country is diff
Page 175 and 176:
“separation obstacle” route sep
Page 177 and 178:
Reduction in the severity of the ne
Page 179 and 180:
19. Petitioners further argue that
Page 181 and 182:
that the solution chosen by respond
Page 183 and 184:
The "Early Warning" Procedure HCJ 3
Page 185 and 186:
Supreme Court Justice Beinish, conc
Page 187 and 188:
A. The Petition and the Course of i
Page 189 and 190:
for any military acts such as 'the
Page 191 and 192:
efore there is a need to use force,
Page 193 and 194:
more people regarding the use of Pa
Page 195 and 196:
14. Petitioners argue that one can
Page 197 and 198:
17. Respondents contend that the us
Page 199 and 200:
21. Just as it is clear that an arm
Page 201 and 202:
a zone in which combat activity is
Page 203 and 204:
the family members living in the ho
Page 205 and 206:
of the very protected resident who
Page 207 and 208:
accompanied by armed army forces, t
Page 209 and 210:
Prisoner Release HCJ 1671/05 Almago
Page 211 and 212:
HCJ 1671/05 Almagor - Organization
Page 213 and 214:
ecommendations for release were not
Page 215 and 216:
is unreasonable. The demand that tw
Page 217 and 218:
taking risks. That, it seems to me,
Page 219 and 220:
Palestinian Islamic organization, H
Page 221 and 222:
HCJ 11026/05 A v. 1. The Commander
Page 223 and 224:
easonable basis for the assumption
Page 225 and 226:
grants the military commander the a
Page 227:
decision is reasonable, and that th
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