HCJ 2056/04 - Beit Sourik Village Council et al. v. The Government of Israel et al._ Judgment

The HCJ voided the route of the separation fence along thirty of the forty kilometers that were in dispute in the petition before it. The HCJ held that, as regards most of the sections that the petition dealt with, application of the test of proportionality, which is based on international humanitarian law and Israeli administrative law, showed that the damage to the local residents was not proportionate to the security objective attained from building the fence along the planned route. However, the Court held that, in opposition to the petitioners’ claim, the fence was being built for security, and not political, reasons.