On Tuesday, 29th December 2009, Israel’s Supreme Court as the High Court of Justice (“HCJ”), handed down its judgment, ordering the IDF to allow Palestinian access to road 443 in Judea and Samaria, within 5 months.
The petition on the matter was filed in 2007 by six Palestinian villages situated along the road and the Association for Civil Rights in Israel.
The HCJ stated that although the motives behind the decision not to allow Palestinians to use road 443 were based on security considerations, the decision is not proportional, due to the infringement of the civil rights of Palestinians.
However, the HCJ does not conclude that Palestinians should be granted unlimited access to road 443, and did not deny the possibility that Palestinian access will only be allowed through certain locations and that they will be required to undergo security examinations.
In order to allow the IDF to formulate an alternative measure to ensure the security of Israelis using road 443, the HCJ stated that its decision will come into force within 5 months.