Sunday, July 04, 2004

Israeli High Court Rules on Fence (PDF)

The much discussed ruling of the Israeli supreme court, in which it upholds the legality of Israel's security barrier but requires significant changes in part of its route, is available in English translation from the court's website.

I haven't read it, and I'm not a lawyer, but to me it seems very dangerous for courts to intervene in security considerations. The court is effectively ruling that individual property rights can take precedence over national security needs, which seems inconsistent with international law, not to mention common sense.

The only upside is, as the Jerusalem Post editorializes, that at least it demonstrates the independence of Israel's judiciary and its willingness to restrain the government. Still, I don't see how our soldiers can fight a war with lawyers tied behind their backs.

Update: Left-of-center Jerusalem Post columnist Yossi Goell weighs in on the fence ruling. I'm mostly in agreement with him.

Update: JP columnist Evelyn Gordon takes her turn at whacking the mole. Pretty strong stuff.

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