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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Beit Sourik Village Council v Government of Israel and Commander of the IDF Forces in the West Bank Case (Isr)

Israel [il]

Isaac Becker, Yoram Rabin

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 10 December 2018

Subject(s):
Constitutions and international law — Proportionality — Reasonableness — Egalitarianism — Justice — Public interest — Decisions of international courts

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. The Beit Sourik judgment is a landmark decision by the Israeli High Court of Justice (HCJ) handed down in 2004. It deals with the question of the legality of the separation barrier that the Israeli government had decided to construct, mostly within the land over the 1949 armistice line (the ‘green line’) between the sovereign territory of the State of Israel and the territories which had been conquered by Jordan on the West Bank of the Jordan river and subsequently conquered by Israel during the Six Day War of 1967. The importance of the decision from a...
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