A/HRC/10/76
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with the universal periodic review process. It said it was willing to engage in bilateral dialogue
on issues on which it was asked to share best practices.
43.
Israel was reluctant to construct the security fence, which was built after waves of suicide
bombings, which began in 2002, killed hundreds of people. To protect the inherent right to life, a
temporary fence was built as a defensive measure and has proven to be extremely effective in the
fight against terrorism. Israel recognizes that its construction raises complex humanitarian
questions. There is extensive consultation with the local population in each area regarding the
route and humanitarian arrangements, including agricultural gates, access to medical facilities
and school buses for children separated from their schools.
44.
For much of its length, the fence runs on the green line or within Israeli territory. Where,
for security reasons, the route must run inside the West Bank, any proposed section of the route
is published, notifying the population of the right to submit objection and claims. Measures are
taken to limit the effect of the fence on the environment; for example over 60,000 olive trees
have been replanted. Any individual affected by the fence, Israeli or Palestinian, has a direct
right of access to petition the Supreme Court sitting as the High Court of Justice. Unlike the
International Court of Justice, which was asked to address the issue in a sweeping manner and
without the facts needed to weigh up humanitarian and security considerations, the High Court of
Justice examines each individual stretch of the fence and subjects it to a stringent proportionality
test under international law. The Court's decisions have resulted in dramatic changes to the route
of the fence and humanitarian arrangements.
45.
On the use of administrative detention against Palestinians, particularly against minors,
and on concerns regarding visitation rights and court review, the delegation said Israel is aware
that administrative detention measures can be susceptible to abuse; however, the Geneva
Conventions recognize circumstances where it may be necessary and justified, the guiding
principle being that it can only be used in situations of imperative military necessity and in full
conformity with article 78 of the Fourth Geneva Convention. In practice, this means it can only
be considered where the usual judicial procedures would endanger sources of information or to
safeguard classified information. The Supreme Court has insisted that, before administrative
detention can be considered, normal criminal proceedings must always be weighed. Israel
outlined restrictions to use of detention orders and the rights of individuals subjected to them.
46.
There are currently six Palestinian minors in detention, all over 17 years of age, a figure
to be considered against a context in which terrorist groups are making deliberate efforts to
recruit youngsters. The delegation cited figures to demonstrate that Palestinians incarcerated in
Israel have the same access to education as Israelis.
47.
On family visitation rights, it said over 20,000 visits take place each month. Sometimes,
security considerations can affect approval of family visits, and in such cases, even though the
Supreme Court has upheld the principle that security restrictions can constitute grounds to
prevent a family visit, a procedure has been developed to enable such visits to take place without
compromising on security, through the Red Cross.
48.
On the humanitarian situation in the Gaza Strip and the West Bank, the delegation said
all Israel Defense Forces were withdrawn from Gaza and the military administration dismantled
in 2005. Since then, under the control of Hamas, the Gaza Strip has become a hotbed of terrorist
activity.
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