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Israeli Supreme Court Leans on International Law in Age of Terrorism 1 - 2 - 3 - 4

Justice Beinisch also discussed one of the most controversial issues facing her court: the security fence. Israel constructed a security fence to close off its border with the West Bank and prevent terrorists from coming across. The fence has provoked more than 100 challenges from both Palestinians and Jewish settlers, she said. In one such case, petitioners argued that the fence restricted movement, limited farming, and cost them land. The Court, she said, found in favor of the petitioners and ordered the government to change the route of the fence in affected areas. Military commanders went one step further and reconsidered the entire route.

Defending these decisions against criticism, Beinisch said: “The professionalism and independence of the judicial system obligates us, as judges, to exercise objective judgment unaffected by public pressure … “Our premise is that the law is not silent before the guns of war.”

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