HCJ 7957/04 - Mara'abe et al. v. The Prime Minister of Israel et al. Judgment

The HCJ accepted a petition challenging the segment of the Separation Wall route which created the Alfei Menasheh enclave. The court ruled that the route disproportionately infringes on the rights of the Palestinian residents in the village trapped within the enclave and severed from the rest of the West Bank and that therefore, the Wall in that area must be dismantled and an alternative route, less injurious to the residents, must be planned. At the same time, the court also ruled that according to international law, the Military Commander is authorized to erect the Wall inside the occupied territory for the purpose of protecting settlers. The HCJ also rejected the assertions included in the ICJ's opinion on the wall, which were based, according to the HCJ, on an incomplete factual basis.