The Israeli Supreme Court issued a restraining order to halt the construction of the military crossing point on the entrance of Al Khader Village, West of Bethlehem. On November 21, 2005, the Israeli authorities issued a military order number (210/05/T , page 1 & page 2) which states the confiscation of 85 Dunums of lands from Al Khader, Battir and Beit Jala cities to construct a crossing point (terminal) at the entrance of Al Khader village to control the movement of Palestinian residents moving between Bethlehem western rural villages ( Battir, Husan, Nahhalin and Wadi Fukin) which is planned to become isolated west of the Segregation Wall (once completed) and the rest of Bethlehem Governorate. See Map 1 , & ) which states the confiscation of 85 Dunums of lands from Al Khader, Battir and Beit Jala cities to construct a crossing point (terminal) at the entrance of Al Khader village to control the movement of Palestinian residents moving between Bethlehem western rural villages ( Battir, Husan, Nahhalin and Wadi Fukin) which is planned to become isolated west of the Segregation Wall (once completed) and the rest of Bethlehem Governorate.
See Translation of military order in Annex 1
The Israeli Supreme Court Decision
Residents of Bethlehem western rural village councils (Nahalin, Hussan, Battir, Wadi Fukin ) along with Al Khader and Beit Jala Municipalities objected the military order and filed petitions to the Israeli Supreme court to stop the construction of the terminal. Lately, on March 12, 2006, the Israeli Supreme court, and as a result of the submitted petition, issued a restraining order to halt the construction of the military crossing point (terminal) at the entrance of Al Khader Village, west of Bethlehem.
The petition rejects the whole route of the Segregation Wall which is planned to be constructed in Western Bethlehem Governorate, as the Wall encompasses all of Gosh Etzion settlement bloc and threatens the isolation of more than 53200 Dunums of Palestinian lands. The Palestinian villages of Al Walajeh, Battir, Husan Nahalin and Wadi Fukin will be entrapped between two Walls; one that runs along bypass road number 60 (or the locally known by the 'Tunnel Road'); while the other runs close to the 1949 Armistice Line (Green line). Residents of the western villages depend much on Bethlehem urban center as the main service and employment provider. It is worth mentioning that the population of these villages exceeds 18,000 Palestinian residents who will be adversely impacted if the Israeli Wall plans are implemented and would lose their livelihood. The petition therefore calls for the Wall and terminal plans to be cancelled in this area.
Conclusion:-
The construction of the Segregation Wall accompanied by a terminal is considered a real catastrophe to the residents of these villages, as the villagers will be completely isolated from Bethlehem Governorate, have to pass through the terminal in any time they want to leave their villages, will have to pass through security checks and will face annoyances from the Israeli soldiers in the terminal. Moreover, anyone who wants to access one of these villages must be from the residents of these villages otherwise s/he will not enter. In another meaning the local residents will be prisoners in their villages; they can not enter or leave without the permission from the Israeli jailer.
Annex 1
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Israel Defense Forces Order to Seize lands n0 210/05/T
According to my authorities as a Military Chief Commander in the Region of Judea and Samaria, and as I believe that it is imperative for military reasons due to the special security situation in the region, I order the following: 1- In This Order: The 'Map' – signed in scale 1: 10000 and attached to the order is an essential part of this order. The 'Lands' – An area of land which is 85 dunums, marked in red in the map: Al Khader
Battir
Beit Jala
2- I announce by that the above mentioned lands are seized for imperative military purposes, to construct Al Khader Passage. 3- The IDF seize the lands and an absolute control of the land is given to the Military Chief Commander of the Central Region through the Ministry of Defense Chief Officer in the Civil Administration Office. 4- Copies of this military order and the attached map are handed out to Land owners or to the District Co-ordination Office in Bethlehem. 5A- This military order is to be notified to Land Owners or those who act on behalf of them by posting it at the District Coordination Office in Bethlehem and dispersing it on the lands by any possible mean. 5B- Copies of the military order and the attached map are available for interested parties at the following places:
5C- Copy of the military order and the attached map is set at Bethlehem District Coordination Office Board for 10 days from the issuance date of the military order, as mentioned in Part (5A). 6- Land owners or those who act on behalf of ownership have the right to object the military order in 7 days from the date of the field visit as mentioned in Part (5A) above through the District Coordination Office in Bethlehem or at the Office of the juridical advisor in the region. 7- Land Owners have the right to go to the District Coordination Office in Bethlehem to get usage expenses and compensation. 8- This order is valid from the date it was signed and until 31/12/2007. 9- This order is called: 'Order to seize lands n0 210/05/T (Judea & Samaria) 5765-2005. Ya'er Naveh |
Prepared by:
The Applied Research Institute – Jerusalem
