Israeli court leads with prudent ruling to re-configure security barrier

FENCE NEEDS A REPAIR

Israeli court leads with prudent ruling to re-configure security barrier

July 6, 2004

The Israeli Supreme Court's sensible decision to re-route the West Bank security fence ought to be used as a guide by the country's government to modify other sections of the barrier.

The court ruled that while there were legitimate security reasons for building the fence inside the West Bank, parts of it were so obtrusive and so unfair to Palestinians that it must be altered. The ruling applies to only one part of the fence, northwest of Jerusalem. But the principle should apply to other aspects of the fence, as well.

Hard-line Israelis will welcome the court decision, in that it gives judicial approval to the overall concept of the security fence. After almost four years of unmitigated violence by the Palestinians, including suicide bombings, almost all parts of the Israeli public favor taking some kind of dramatic step to reduce the disturbances. In that sense, the fence has support across the spectrum of Israeli public opinion.

But the government of Israeli Prime Minister Ariel Sharon has chosen to build the fence deep into parts of the West Bank where there are Jewish settlements. In too many cases, these inroads will isolate Palestinians and separate them from agricultural fields. Not only is that unfair but it will also breed more of the kind of resentment that results in terrorism.

The Jewish settlements inside the West Bank, no matter how large they are now, were always a terrible idea. They are difficult to defend and needlessly provocative. And now that only the most fringe elements of the Israeli population still believe Israel can control the West Bank and maintain its democratic character, there is even less reason to keep, or protect, the settlements. The settlements were supposed to be "facts on the ground" that would be the basis for Israeli annexation of the territory. Rather, they have become "facts on the ground" that just cause problems.

About 25 percent of the fence is now complete. While the Palestinian leadership says it is opposed to the fence, its own inability - or unwillingness - to halt the violence is the root cause of the dispute. The fence should not be a permanent border. But until the Israelis believe they have a sincere negotiating partner, it will be built. Better it be built in a way that doesn't cause more problems in the long run.