Friday, June 10 2005 08:07 Hrs (IST) - World Time -

Jerusalem: In a landmark ruling, Israeli Supreme Court yesterday (Jun 9, 2005) upheld Prime Minister Ariel Sharon's controversial disengagement plan noting that the lands of the West Bank and Gaza Strip are not legally included within the borders of the State of Israel.

In an overwhelming 10-1 vote, the court of Justice rejected 12 petitions filed by the settlers challenging the constitutionality of the plan.

The extended panel of the Supreme Court ruled that the evacuation of settlements do affect human rights, including "the right to property, freedom of occupation and proper respect for the evacuees," but determined that it was a measured violation, which was not excessive and was aimed at achieving political and security goals.

The court also urged to increase the compensation payments to be made to the Gaza evacuees besides suggesting other technical changes, including compensation for those under the age of 21.

The sole dissenting vote was cast by Justice Edmund Levy calling for the plan to be cancelled.

The court also said that the day of actual evacuation will be used as the date used for determining the elements of the compensation package for each family, rather than June 4, 2004, as stated by the law.

Yoram Sheftel, an attorney for the settlers, said that he wasn't expecting much from the court.

"This was fully expected. There's no surprise. I'm not disappointed because we didn't have any expectations," Sheftel said.

After the ruling, settler leaders vowed to resist the evacuation, local media reported.

Justice Minister Tzipi Livni praised the court's decision and expressed hope the ruling would defuse potentially violent settler resistance to the evacuation.

"I hope this ruling sends a message ... that the plan is going ahead," Livni told Army Radio.