The lesson of Bili'in
The Palestinian Arab village of Bili'in in Samaria (Shomron) on the West Bank has been at the center of protests against the Security Fence (the "wall"). Almost every week for four years there have been a group of villagers supported by some international activists and some Israeli leftists demonstrating against the fence being built in that vicinity.
The fence is intended to prevent Palestinian suicide bombers, armed attackers and car bombs from reaching Israeli towns and cities that are within a short distance from Bili'in. The fence has been extremely effective where it has been completed, especially separating Samaria from the densely populated Sharon coastal plain of Israel. Terrorist attacks have been reduced by 90% or more, and many Israeli lives have accordingly been saved.
Although the demonstrations became violent every now and then, for the most part they were peaceful, and were sometimes supported by residents from the nearby Israeli city of Modi'in, who also objected to the route of the fence. The route was basically decided by the IDF on the basis of Israeli security. Hence it followed the topologically best route (on heights rather than in valleys) and in some cases separated Arab villages from some of their lands. This is what happened at Bili'in. But, here the situation was exacerbated by the incorporation of a large area into the Israel (western) side of the fence.
Lawyers for the villagers of Bili'in went to court and argued that the area being taken by Israel was for future expansion of Modi'in, but actually prevented their clients, the villagers, from reaching their lands and carrying out routine farming activities, thereby seriously affecting their income. Although the IDF put a gate in the fence specifically to cater to the villagers, this was deemed insufficient. The case went to the Israeli Supreme Court, and as elsewhere the Court ruled Tuesday that the IDF and the Government must alter the route of the fence for 1.7 km and report back to them on the new route, so as to minimize inconvenience to the Palestinian population. However, the Court refused a petition by Peace Now to destroy some apartment blocks already built in the Matityahu neighborhood of Modi'in Illit for this purpose. In effect the decision is a compromise between Israeli and Palestinain rights, the current expansion of Modi'in will be accepted but no more expansion will be allowed. Also, since some of the land built on is privately owned Palestinian land, they must be compensated.
This is a clear victory for the Palestinians and their supporters - in an Israeli Court! The message that should come over loud and clear is that Israel is a democratic State where even non-citizens may bring suit agiainst the most powerful organs of the State, and win! The IDF has agreed to the Court's decision, and will submit a revised route of the fence in the Bi'ilin-Modi'in region. This is one of many such revisions to the route of the fence that has reduced the original area of the West Bank encompassed from ca. 17% down to ca.7% (and also slowed its completion). In this case, the Court ruled that the fence cannot include land intended for future settlement if it currently adversely affects the basic conditions of the Palestinian villagers.
There will be little opposition to this decision within Israeli society. In fact it could be argued that this is a victory for Israel, because the dispute has been peacefully resolved. The terrorists will still be excluded, but the villagers will retain most of their land and free access to it. A source of conflict between Israelis and Palestinians has hopefully been resolved. Perhaps the Palestinians will learn a lesson from this, but probably not.
The fence is intended to prevent Palestinian suicide bombers, armed attackers and car bombs from reaching Israeli towns and cities that are within a short distance from Bili'in. The fence has been extremely effective where it has been completed, especially separating Samaria from the densely populated Sharon coastal plain of Israel. Terrorist attacks have been reduced by 90% or more, and many Israeli lives have accordingly been saved.
Although the demonstrations became violent every now and then, for the most part they were peaceful, and were sometimes supported by residents from the nearby Israeli city of Modi'in, who also objected to the route of the fence. The route was basically decided by the IDF on the basis of Israeli security. Hence it followed the topologically best route (on heights rather than in valleys) and in some cases separated Arab villages from some of their lands. This is what happened at Bili'in. But, here the situation was exacerbated by the incorporation of a large area into the Israel (western) side of the fence.
Lawyers for the villagers of Bili'in went to court and argued that the area being taken by Israel was for future expansion of Modi'in, but actually prevented their clients, the villagers, from reaching their lands and carrying out routine farming activities, thereby seriously affecting their income. Although the IDF put a gate in the fence specifically to cater to the villagers, this was deemed insufficient. The case went to the Israeli Supreme Court, and as elsewhere the Court ruled Tuesday that the IDF and the Government must alter the route of the fence for 1.7 km and report back to them on the new route, so as to minimize inconvenience to the Palestinian population. However, the Court refused a petition by Peace Now to destroy some apartment blocks already built in the Matityahu neighborhood of Modi'in Illit for this purpose. In effect the decision is a compromise between Israeli and Palestinain rights, the current expansion of Modi'in will be accepted but no more expansion will be allowed. Also, since some of the land built on is privately owned Palestinian land, they must be compensated.
This is a clear victory for the Palestinians and their supporters - in an Israeli Court! The message that should come over loud and clear is that Israel is a democratic State where even non-citizens may bring suit agiainst the most powerful organs of the State, and win! The IDF has agreed to the Court's decision, and will submit a revised route of the fence in the Bi'ilin-Modi'in region. This is one of many such revisions to the route of the fence that has reduced the original area of the West Bank encompassed from ca. 17% down to ca.7% (and also slowed its completion). In this case, the Court ruled that the fence cannot include land intended for future settlement if it currently adversely affects the basic conditions of the Palestinian villagers.
There will be little opposition to this decision within Israeli society. In fact it could be argued that this is a victory for Israel, because the dispute has been peacefully resolved. The terrorists will still be excluded, but the villagers will retain most of their land and free access to it. A source of conflict between Israelis and Palestinians has hopefully been resolved. Perhaps the Palestinians will learn a lesson from this, but probably not.
posted by Jack Cohen at 8:35 AM
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