Paul Wilson (1 July 2004)
"PM to hold special meeting on fence ruling"


PM to hold special meeting on fence ruling
By TOVAH LAZAROFF AND NINA GILBERT
 
Prime Minister Ariel Sharon plans to hold a special cabinet meeting Thursday with Justice Minister Yosef Lapid, Defense Minister Shaul Mofaz, and other security specialists to discuss the implications of the High Court of Justice ruling on the fence Wednesday that 30 kilometers of the route must be changed to ease the difficulties it places on the Palestinians.

Right-wing politicians called for a new law to protect the route of the security fence as established by the government, arguing that the courts don't have a right to interfere with such decisions. Among them are Health Minister Dan Naveh (Likud), Social Affairs Minister Zevulun Orlev (National Religious Party), Minister-without-Portfolio in charge of Jerusalem and Diaspora Affairs Natan Sharansky (Likud), and MK Gilad Erdan (Likud).

Naveh plans to propose a new emergency law to protect the fence to the cabinet soon. Orlev also said he wants a cabinet discussion on legislation.
"Prevention of the murder of women and children in Israel is more important than the... harm that is being caused to the Palestinians," Naveh said.

He warned that the ruling would be use by the international community to attack Israel.

Orlev said the court decision has "security implications" and is liable to result in security risks for residents of Jerusalem and other citizens.

Erdan said a law is needed to designate the fence as a national priority and that as a result it should be taken out of the court's hands.

Lapid told Israel Radio that the High Court's decision is actually a victory for the defense establishment, since the court has formally reiterated its recognition of the fence as a legitimate means of defense.

"I had originally proposed an alternative route to the prime minister, which he accepted," Lapid said, "but due to the disengagement, he didn't have time for placing the proposal before cabinet."

He told Channel 1 that a lot of trouble would have been prevented if his proposal had been accepted half a year ago.

If the court hadn't forced Israel to take the humanitarian issues into consideration, the international community would have done so, he said, citing the advisory opinion which the International Court of Justice, The Hague is to issue next Friday on the legality of the fence as evidence of the importance the international community places on the issue.

When asked about the money already spent on the fence, he noted that it was lucky the courts had delayed construction as much as it had, or more money and time would have been wasted.

He said it wasn't the court which was delaying the fence's construction, rather the decision to go with a route that was problematic in certain areas, such as this one.

But Sharansky said it upset him that the ruling would delay the fence's construction. Any delay is liable to lead to more casualties.

"I pray that doesn't happen before a new boundary is agreed upon," he said.

Knesset Foreign Affairs and Defense Committee chairman Yuval Steinitz (Likud) said it is a dubious decision of the court to force the state to change a route of the fence that is designed to ensure security to take into consideration the well-being of Palestinians.
 

 
Left-wing politicians spoke in defense of the decision.

Labor MK Ophir Pines-Paz said the High Court had "saved Jerusalem from a disaster."

He said that the government had decided on a "dangerous route for the fence that annexes broad territory and tens of thousands of Palestinian into Jerusalem."

He said the route is "more political than security [oriented]," and what the city needs is a short and efficient route. He said the police had recommended a route that is much more logical.

Labor MK Haim Ramon said he would request a committee meeting on the fence, saying that the government should immediately establish the fence on the Green Line and stop neglecting security for the sake of political and ideological aims.

Shas leader Eli Yishai said the establishment of the fence is necessary to save lives, and it was fitting for the High Court to identify specific locations where corrections should be made.

Labor MK Yuli Tamir said that attempts to use the fence to annex territory are "destined to fail" and only result in economic damage.