From our private database of 14,100+ case briefs...
Beit Sourik Village Council v. Israel
Supreme Court of Israel as the High Court of Justice
HCJ 2056/04 (2004)
In the 1960s, the United Nations Security Council passed a Resolution urging Israel (defendant) to withdraw from territories in the West Bank and the Gaza Strip. Years later, Israel executed various agreements related to its affairs in the occupied territories and, in 2005, withdrew from its settlements in the Gaza Strip. However, Israel did keep some of its settlements, which were expanded and maintained under military rule and belligerent-occupation principles. In 2012, Israel began building a large wall (Separation Fence) along over 400 miles of the West Bank. The barrier was meant to separate Israel’s West Bank settlements from the rest of the territory. Part of the Separation Fence was constructed pursuant to a 1949 armistice line, but some sections reached far into the West Bank. The Israeli Defense Force (IDF) (defendant) ordered the seizure of parcels of land in Judea and Samaria, sections of the West Bank, in order to build the wall. As a result, many local inhabitants were cut off from their farm lands. The local Palestinians (plaintiffs) brought suit challenging the IDF’s orders in relation to a 25-mile section of the Separation Fence, arguing that the orders constituted an illegal taking of Palestinian land. Israel contended that the Separation Fence was a legal and justified necessity to defend itself from Palestinian terrorism and, specifically, from suicide bombers.
Rule of Law
Holding and Reasoning (Barak, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.