Even the Israeli high court considered the already built wall sections northwest and southeast of Jerusalem as illegal demanding a reroute.
The court ruling was based on the grave living conditions the construction of the wall created to Palestinians. The court rejected Palestinian accusations that political reasons are behind the construction of the wall.
While the court decision ignored the political roots of the problem, ordering the dismantling of already erected 20 kilometers wall section is very significant.
It actually indicates to Palestinians that a gate is opened to challenge the separation wall even after being completed.
If Palestinians in the hundreds of villages effected by the wall, especially in the northern parts of the West Bank, decide to file petitions to the supreme court, even on the bases of the grieve human conditions created, the Israeli government would face a serious hardship.
Obviously, the humanitarian considerations where the only ones Sharon was welling to recognize as the basses to reconsider the route of the wall, yet, as the Israeli defense ministry was almost free handed in deciding routs of different sections based on the usual considerations-what is suitable for army and what is suitable for settlers- Sharon could be facing a more serious problem than he expected.
All reports, whether local or international, published on the humanitarian conditions created by the construction of the wall agreed that such conditions were unlivable.
The persistent active civil based resistance against the construction of the wall, especially in northwest Jerusalem villages managed to spot more light on the issue and made it more difficult to ignore it anymore.
Yet, the decision of the Israeli supreme court and Sharon’s immediate orders to the Israeli defense establishment to reroute in places where ‘legal problems’ exist, is linked with the expected in a week ruling of the International Court of Justice (ICJ) advisory ruling.
As it is very likely for the ICJ to conclude that the wall construction was illegal on the bases of international law, Sharon told his defense establishment senior officials that ‘it is possible to push the wall a bit closer to the Green Line’
Even when the ICJ advisory is not binding, it could establish the bases for motions within the UN General Assembly and Security Council to pass a resolution that considers the wall as illegal. It will be hard for the United States to provide Israel with the needed umbrella unless serious changes, which could be convincing to the European Union, are introduced.
Most Palestinians believe that the wall was not built on the Green Line, which is an easy option that help Israel avoid any criticisms, and can provide similar security results, was due to both the desire to grab more land and to satisfy the needs and demands of settlers.
While being simple and easy to notice, all Israeli leaders so far attempted to avoid the fact that to keep settlements, whether large or small, you will create grieve and devastating living conditions for Palestinians.
This is clear southeast of Jerusalem, where Har Homa settlement, which is built as a huge suburb of Jerusalem, as much as it is clear in villages close to small isolated settlements like in the Tul Karem area.