AL QUDS, June 30: Israel is to alter part of the route of its West Bank barrier after the Supreme Court ruled on Wednesday that its current path violates the rights of tens of thousands of Palestinians living near Jerusalem.

A judgement issued in response to a petition filed by residents and rights groups ruled that while the barrier could be justified for security reasons, the army was also bound to take into account the impact on local residents.

"The additional margin of security achieved by the current path of the fence is not equal to the current path's additional infringement on the local inhabitants' rights and interests," said a summary of the judgement.

"The current balance between security considerations and humanitarian considerations is disproportionate. "The court ruled that the IDF (Israel Defence Forces) Commander should reduce the infringement upon the local inhabitants, even if it cannot be totally avoided, by altering the path of the fence in most areas complained of in the petition."

The judgement means that modifications will have to be made to a 40-kilometre stretch of the barrier to the north and west of Jerusalem. It will effect villages such as Biddu and Beit Surik which have been the scene of some of the largest protests against the project in recent months.

The defence ministry said that it would respect the court's ruling. "Security officials in Israel will implement the decision of the supreme court and draw up a new route for the barrier that will take into account the principles established by the court," a ministry statement said.

Palestinian prime minister Ahmed Qorei reacted by saying that the barrier should be torn down altogether. "It is not about changing the route or not," Qorei told reporters.

"It's a racist separation wall and therefore it should fall. There is no other alternative." Palestinian negotiations minister Saeb Erakat said Israel should now reroute the barrier to conform with the internationally recognized border.

"The only way to take into account the humanitarian needs of the Palestinians is by not building this colonial wall, but if Israel insists on doing it, it should along the lines of the 1967 border," he said.

Israel's Chief Justice Aharon Barak said in the judgment that appropriation of land could be justified as the barrier was being built for security rather than political reasons.

But the army did not take "adequate account of the fence's infringement on the lives of 35,000 local inhabitants." "Building the fence requires seizing thousands of dunams of land," he noted.

"The fence's current path would separate landowners from tens of thousands of dunams of land, and the planned regime of authorizations to access that land would not substantially reduce the harm."

In Biddu, deputy mayor Mohammed Ayash said he was pleased by the decision "but with reservations because we wanted the wall to be condemned altogether." "Some 200 olive trees have been uprooted over the past four months and they're gone forever," Ayash said as he pointed to a wide stretch of land recently flattened by bulldozers in preparation for the barrier's erection.

Mohammed Dahleh, the lawyer for the villagers affected by the ruling, said the decision was more important than an upcoming verdict by the International Court of Justice (ICJ) on the barrier's legality.

"This ruling will have a major impact on the judicial fight against the racist wall and will influence the army's planning for its route," Dahleh said. The ICJ will deliver an advisory ruling on July 9 after a hearing at its headquarters in The Hague in February.

The Israeli government has pledged to complete construction of the barrier - a montage of electric fencing, barbed wire and concrete - by the end of next year despite a barrage of international criticism.

A large part has already been constructed in the northern West Bank. Prime Minister Ariel Sharon insists the barrier is vital to prevent attacks and claims a marked drop in suicide bombings is proof of its success.

The Palestinians, however, say that its route, which often juts deep into the West Bank, is proof of an intent to pre-empt the borders of their promised future state and grab some of their most fertile land. The barrier is Israel's most expensive project ever at an estimated cost of 3.4 billion dollars and should eventually stretch for more than 700 kilometres. - AFP