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Israeli high court restricts West Bank barrier
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Israeli high court restricts West Bank barrier
By KARIN LAUB,Associated Press Writer AP - Tuesday, December 16
JERUSALEM - Israel's separation barrier in the West Bank cannot run in wide loops around Israeli settlements to allow for their expansion, the country's Supreme Court ruled Monday in an order hailed by a lawyer for Palestinian villagers as a precedent-setting victory.
Israeli officials say the barrier, two-thirds complete, is designed to keep out Palestinian attackers, including suicide bombers.
The Palestinians and Israeli critics charge that the barrier is part of a land grab. They say in many areas the route was not determined by security needs, but by Israel's desire to incorporate as many settlements as possible on the "Israeli side" and to allow for their expansion.
Monday's ruling came in the case of Bilin, a West Bank village that has become a symbol for Palestinian opposition to the barrier with weekly protests and clashes between villagers and Israeli troops. Bilin has lost half its land, or 500 acres, to the barrier and to the Modiin Illit settlement, home to 40,000 people and expanding rapidly.
Last year, the high court ruled that Israel's government must move the Bilin barrier westward, saying its location had little to do with making the settlement more secure and a lot with giving it more land.
On Monday, the court rejected the latest route proposal and said the state must come up with a more appropriate path, in line with the court's criteria.
"Security considerations that will shape the new route must only take into account houses that have already been built, and not plans for future construction," the court said, referring to arguments by state planners that they need a buffer zone between settlements and the barrier.
The court said the buffer zone, defined in previous court rulings as about 200 meters (yards), "will be measured from existing buildings (of settlements) and not from houses that are planned and were not constructed yet."
Bilin's lawyer, Michael Sfard, said the ruling was unprecedented in its detail and would help others challenging the barrier route.
He said that if the Defense Ministry complies, the ruling will likely prevent the construction of more than 1,000 homes in Modiin Illit and restore about 250 acres to Bilin.
The Defense Ministry's spokesman, Shlomo Dror, was not immediately available for comment.
Israel has left several large gaps in the barrier, including around the large settlements of Maaleh Adumim and Ariel. There, the government hopes to build barrier loops deep into the West Bank that would take tens of thousands of acres that the Palestinians seek for their future state.
Shaul Arieli, a barrier expert, said that in the case of Maaleh Adumim, the ruling would have only limited weight because topographic factors also play a role. "But if the government decides to build around Ariel, Kedumim and Karnei Shomron, then it could be very important," he said.
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