30 June 2004
Israel's High Court of Justice Ruling on the Anti-Terrorist Fence

Today's High Court of Justice decision regarding the planned routing of Israel's security fence in the northern Jerusalem area significantly emphasizes the important position of the rule of law and judicial review over Israel's security initiatives to protect its citizens from Palestinian terrorism. It also recognizes Israel's right to build a security fence that balances the security concerns of combating terrorism with the humanitarian needs of the local Palestinian population.

The court clearly determined that the goal of the fence is security in nature. The court ruled, in accordance with international and Israel law, that Israel's security authorities may plan the routing of the fence based upon considerations of military necessity. At the same time, the court emphasized that the routing must also take into account humanitarian considerations and a balance must be created between these two issues. The court ruled that the Israeli government must reroute the planned fence in the northern Jerusalem area to balance those interests.

The court emphasized that security, and not political concerns, must determine the routing without any connection to this or another line solely by balancing the concerns of security and humanitarian matters.

The Government of Israel will implement the decision of the High Court of Justice in its planning and rerouting of the security fence. The government will also be giving careful consideration to the implications of the judgment for the routing of the security fence more generally. Israel's planning of the security fence has continually taken into account the need for judicial review and legal recourse for all the residents of the region. Israel's High Court is uniquely placed to be able to balance and analyze the various concerns -- including the government's obligation to protect its citizens -- necessary to make a legal ruling in regard to Israel's security fence.

1. Click Here to read the Abstract of the Judgment Regarding the Separation Fence [HCJ 2056/04].

2. Click here to read the full text of the Judgment Regarding the Separation Fence [HCJ 2056/04].