Haaretz
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.