Sivan 14, 5765
The State Prosecution
argued for the first time on Tuesday that the government's decision to
construct the separation fence in the Jerusalem area stemmed from
political considerations as well as security purposes.
The statement was made in a document the State Prosecution handed an extended panel of 11 High Court justices who convened on Tuesday to discuss several petition against the construction of the separation fence in the northern Jerusalem area.
When dealing with the construction of the fence within the municipal boundaries of Jerusalem, which is a sovereign part of Israel, the route of the fence has political implication and ramifications, the statement said.
Chief justice Aharon Barak said that the state had the right to erect a security fence along Jerusalem's municipal border, and the question whether its construction in the capital is security or politically motivated was therefore irrelevant.
Barak asked the petitioners on what grounds did the residents of the A-Ram neighborhood, which is situated outside Jerusalem's municipal boundaries, have a right to argue against the state's right to build a fence inside its borders.
With regard to the construction of the fence in the West Bank, Barak said, however, that the motives behind its construction had great importance.
If the fence was all constructed along the Green Line route, no legal argument could be used against the state, Barak added.