HCJ 9961/03 - HaMoked: Center for the Defence of the Individual v. The Government of Israel et al.
Preliminary Response on behalf of the Respondents
Court Documents | Response to Petition | 01.01.2004
HCJ 9961/03 - HaMoked: Center for the Defence of the Individual v. The Government of Israel et al.
Preliminary Response on behalf of the Respondents
The Respondents argue that construction of the barrier in the Seam Area, and the requisition of property in this area are based solely on security considerations, and are consistent with the laws of belligerent occupation; and that ensuring the safety of settlers comes within these laws. The Respondents argue that Palestinian residents in the area had committed racist, terrorist acts against Israelis, so that it is justifiable to make a distinction, when setting restrictions on freedom of movement, between them and other persons. They further argue that the petition is basically political, is general, and does not relate to specific sections of the barrier, and is premature regarding the parts of the route of the barrier as to which orders for requisition have not yet been issued.
The Respondents argue that construction of the barrier in the Seam Area, and the requisition of property in this area are based solely on security considerations, and are consistent with the laws of belligerent occupation; and that ensuring the safety of settlers comes within these laws. The Respondents argue that Palestinian residents in the area had committed racist, terrorist acts against Israelis, so that it is justifiable to make a distinction, when setting restrictions on freedom of movement, between them and other persons. They further argue that the petition is basically political, is general, and does not relate to specific sections of the barrier, and is premature regarding the parts of the route of the barrier as to which orders for requisition have not yet been issued.
