The High Court on Tuesday rejected Gazan Olympic athlete Nader al-Masri’s petition to pass through Israel to enter the West Bank and compete in this Friday's Bethlehem marathon.

Judge Daphne Barak-Erez wrote in her decision that "under the circumstances described, we cannot accept the petition," adding that there is no legal room for interference since the defense minister had made the decision at his discretion. "It is hoped, of course, that in the future the security situation will improve that will allow an easing of such restrictions." she wrote.

Gisha: Center for the Legal Protection of Freedom of Movement filed a petition on Masri’s behalf on March 20. In it, the petitioners refer to a clause in the Defense Ministry’s policy paper on movement between the Gaza Strip and Israel, which stipulates that Gazan Palestinians may be allowed into Israel to participate in conferences or special events sponsored by the Palestinian Authority. Permission in these cases requires a detailed request from PA officials in the West Bank and the approval of Israel’s defense minister.

In its response to the court, the state pointed out out that “political and foreign-relations considerations between Israel and the PA are embodied in the criteria” stipulated in the policy paper and that each case is to be judged separately.

Masri, 34, has been running for 14 years and has participated in international competitions abroad, including the 2008 Olympic Games. He sought to take part in the second annual Palestine Marathon, which will be held in Bethlehem this Friday, April 11.

On March 20, Gisha applied on his behalf to the coordinator of government activities in the Gaza Strip, which about a week later issued a rejection “due to noncompliance with current policy.” Gisha then turned to the High Court.

Israel allowed Masri to leave Gaza in 2008 for the Summer Olympics in China and in 2009 for a track competition.

Gisha said in response to the High Court's decision that "Nader Al-Masri is another victim of the “separation policy”, the over-reaching, arbitrary and vague decision that, every day, inflicts harm on tens of thousands of Palestinians seeking only to live a full and normal life.

"The hearing at the High Court exposed severe failings in this policy, which drives a rift between the parts of the Palestinian territory, and is in complete contrast with Israel’s stated policy whereby it recognizes the importance of maintaining civil life in the Palestinian territory."