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

Order no. Tav/105/03
50. This order concerns the route beginning east of the town of Maccabim
and west of the village of Beit Sira, and ending northeast of the town of Mevo
Choron. This segment was not the subject of substantial dispute by the parties.
The respondent informed us that the northern tip of the route, which is subject
to this order, as well as the southern tip, were changed (see map submitted to
us by the parties, of March 31 2004). Thus, the injury to the cultivated lands
proximate to it was reduced. The petitioners raised no arguments regarding
the route itself, and the village of Beit Sira was not joined as a petitioner.
Members of the Council for Peace and Security did not mention this order in
their affidavits. In light of all this, to the extent that it relates to this order, the
petition is denied.
Order Tav/104/03; Order Tav/103/03; Order Tav/84/03 (The Western Part
of the Order)
51. These orders apply to more than ten kilometers of the fence route. This
segment of the route surrounds the high mountain range of Jebel Muktam.
This ridge topographically controls its immediate and general surroundings.
It towers over route 443 which passes north of it, connecting Jerusalem to
Modi’in. The route of the obstacle passes from southwest of the village of
Beit Likia, southwest of the village of Beit Anan, and west of the village
of Chirbet Abu A-Lahm. The respondent explains that the objective of this
route is to keep the mountain area under Israeli control. This will ensure an
advantage for the armed forces, who will topographically control the area of
the fence, and it will decrease the capability of others to attack those traveling
on route 443.
52. The petitioners painted a severe picture of how the fence route will
damage the villages along it. As far as the Beit Anan village (population:
5,500) is concerned, 6,000 dunams of village land will be affected by the fact
that the obstacle passes over them. 7,500 dunams of land will end up beyond
the fence (6,000 dunams of which are cultivated land). Ninety percent of the
cultivated land seized and affected is planted with olive and fruit trees. 18,000
trees will be uprooted. 70,000 trees will be separated from their owners. The
livelihood of hundreds of families will be hurt. This damage is especially
severe in light of the high unemployment rate in that area (approaching 75%).
As far as the Beit Likia village is concerned (population: 8,000), 2,100 dunams
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