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                      | Last update - 13:27 
                        04/07/2005 |  |  |  |  |  
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                | State to High Court: Fence 
                  route determined not only by security considerations |  
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                | By Yuval Yoaz, Haaretz 
                  Correspondent |  
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                | Israel has acknowledged for the 
                  first time that not just "security" considerations were 
                  instrumental in determining the route of the West Bank 
                  separation fence. 
 Responding to a petition brought to 
                  the High Court by the residents of the Palestinian village 
                  Azun in the northern West Bank, the state asked for the fence 
                  to be left on its original route, previously ruled to be 
                  unsuitable, as it would be very expensive to move.
 
 The 
                  state's position marks a fundamental change in its legal 
                  arguments. Initially, the state claimed security concerns were 
                  the sole motivation for erecting the fence, and there were no 
                  other considerations.
 
 
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                      |  |  In its principal ruling on 
                  the issue last year, in the Beit Surik affair, the High Court 
                  determined that the state has no authority to build a fence 
                  for "political" considerations, such as appending land to 
                  Israel.
 The state's new stance also highlights a major 
                  policy change regarding the "temporary" nature of the fence. 
                  Until now, the state has claimed that the fence was a 
                  short-term measure, and it was possible to move or dismantle 
                  the barrier.
 
 The construction of the separation fence 
                  has already been completed in the area, and the barrier is 
                  fully functional.
 
 In the region north of Qalqilyah, 
                  the route creates an "enclave" where it departs from the 1967 
                  Green Line border and moves eastward to encompass the 
                  settlement of Tzofin, as well as much land from the villages 
                  of Jayyus and Azun.
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