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Israeli High Court of Justice Ruling on the Separation Barrier - Mara'be (2005)

Jerusalem, Israel
Dorit Beinish, Israel: Author, Ayala Procaccia, Israel: Author, Miriam Naor, Israel: Author, Salim Jubran, Israel: Author, Esther Hayut, Israel: Author, Mishael Heshin, Israel: Author, Asher Grunis, Israel: Author, Aharon Barak, Israel: Author, Edmund Levy, Israel: Author
A ruling delivered by the Israeli High Court of Justice on 15 September 2005 in the case of Mara'be et al. v Prime Minister of Israel et al. (7957/04). The case was brought forward by Palestinians that asked the court to declare the construction of the West Bank Separation Barrier illegal, in principle and specifically in the Alfei Menashe area. This claim was based on the ICJ Advisory Opinion of July 2004 and the fact that the standards set in the 2004 Beit Suriq ruling were not met. The state responded that the Advisory Opinion is inapplicable and that the revised route of the barrier, as per Government of Israel Resolution 3283, does meet the Beit Suriq standards. While ascertaining the validity of Israel's construction of the barrier, the ruling determined that the damage to Palestinian livelihood was not proportional to the security needs met, and ordered the state to reexamine the proposed route.