The law as roadkill on Highway 443

Akiva Eldar, Haaretz, 27.09.07. There is no order that can give legal validity to discrimination among travels according to nationality. In reply to a question from Haaretz, the IDF Spokesman has confirmed that "in light of the many security risks and threats to traffic on Highway 443 in recent years, it was decided in the Israel Defense Forces Central Command to close several approach roads that connect directly from the village expanse to the highway." At the same time, the spokesman stresses that "no order has been issued that prohibits travel on the highway," and in any case, "there is no prohibition on the part of the IDF regarding Palestinian traffic on the segment of the highway located in the territories of the Judea and Samaria [West Bank] area." Nevertheless, in the same statement in which it is claimed that "there is no prohibition regarding Palestinian traffic on the Palestinian segment of the road," it is also stated that because of the security risks, some of the approach roads that link the villages to the highway are closed "permanently."
According to the statement, some of the other roads are open and "are closed in accordance with the assessment of the security situation." Attorney Limor Yehuda of the Association for Civil Rights in Israel (ACRI), who is preparing a petition to the High Court of Justice on the matter, sees the situation differently. According to her, most of the roads are usually closed, and from time to time special permission to use the road is given to a limited number of cars. Some of the approach roads have been blocked with boulders, others with concrete barriers, and there are those that have been closed with iron gates. A Palestinian driver who is caught on the road can expect a lengthy delay, a warning and a scare, and sometimes even the confiscation of the keys to the vehicle and also harsher sanctions. Last May ACRI applied to the GOC Central Command, Yair Naveh, on behalf of the heads of the village councils of Beit Sira, Beit Likiyeh, Hirbet al-Masbah, Beit 'Ur al Tahta, Beit 'Ur al Fuqa and Tsaffeh. Yehuda noted that Highway 443 is the main approach road that links the 25,000 inhabitants of the six villages to the main city in the area, Ramallah, and serves as a link among these villages. Trips in the area have become prolonged, dangerous and costly. Instead of a trip of a quarter of an hour in comfortable conditions on Highway 443 from the village of Beit Sira to Betunya and from there to Ramallah, the inhabitants have to wind their way along dirt roads that become impassable on winter days. The cost of the trip has more than doubled and many of the inhabitants of the villages are unable to bear the costs.
This is not a matter of preventing Palestinians from entering territories on the Israeli side of the Green Line (the pre-Six Day War border), but rather of a road that is located entirely in the area of the West Bank. At the two entrances to the territory of the state of Israel there are roadblocks that are permanently manned by soldiers (the Maccabim roadblock and the Atarot Junction roadblock). When lands of the six villages were confiscated in the 1980s and the 1990s, it was explained to the inhabitants that widening the road was essential for the needs of the inhabitants of the entire area. Including their needs, of course. In response to the petition to the High Court of Justice concerning the confiscation of lands for purposes of paving a road in the Ramallah area, the state argued that the planning "took into account the conditions and needs of the area and not only Israel's conditions and needs." Based on that principled commitment, Justice Aharon Barak rejected the petition in September 1983, and issued a ruling in principle that the rules of international public law grant the right to a military government to infringe on property rights if a number of conditions are fulfilled. The first of these conditions: "The step is taken for the benefit of the local population."