Supreme Court Orders Portion of Fence to Be Dismantled: Defense Minister Orders Thorough Review of Its Route

June 20, 2006

Israel's Supreme Court has ordered the government to dismantle eight kilometers of the Security Fence near the West Bank Jewish settlement of Tzofin. The petition was submitted by NIF grantee Hamoked: Center for Defense of the Individual together with the mayors of the nearby Palestinian villages of Azun and Nebi Elias.

The Justices reached their verdict after being shown documentation that proved that the route of the Fence was plotted so that Tzofin, east of Kfar Saba, would have land to expand and build an industrial zone. The plans, which were discovered by NIF grantee Bimkom: Planners for Planning Rights, persuaded the justices to reverse their decision to reject the original petition in 2002. The justices were also highly critical of the Israeli government for concealing information during the first hearing of the case.

Following the verdict, Defense Minister Amir Peretz ordered his director-general Kobi Toren to carry out a thorough review of the Fence's route. In particular, he wants his legal team to report on any other cases like Tzofin where the planned expansion of settlements dictates the route of the Fence. Peretz also reportedly wants to reduce the number of Jerusalem Arabs who will be left east of the Fence.

NIF was one of the first Israeli organizations to recognize the humanitarian hardships caused by the Fence and this is the third major decision by the Supreme Court against the route of the Fence, following petitions by NIF grantees. Last year the justices ordered the government to dismantle 13 kilometers of the Fence further to the north near Alfei Menashe, and in 2004 the Court ordered the re-routing of 30 kilometers of the Fence northwest of Jerusalem.

NIF grantee B'Tselem, The Israeli Information Center for Human Rights in the Occupied Territories said that together with Bimkom they have documentation proving that the route of the Fence is dictated by future expansion of Jewish settlements in 11 other cases. Last week's Supreme Court ruling provides a promising precedent for these cases.

Facts & Figures About the Fence:

• The planned length of the Fence is 760 kilometers, of which 297 km has been completed and 201 km are under construction.
• In total, 109 kilometers of the Fence's route are currently being disputed by legal proceedings, including 48 Supreme Court petitions.
• Since NIF's campaign began, the government has reduced the amount of informally annexed West Bank land from 18 percent to 9 percent.