The Israeli West Bank Separation Barrier: Proportionality and Legality

Abstract

This report seeks to shed light upon the two principle sides of the legal debate on the West Bank: separation barrier. First, this report will address the legal opinion of the United Nations, drawing conclusions from the two pivotal U.N. Security Council resolutions that serve as condemnations of the Israeli occupation of the Palestinian territories, the United Nations Charter, and the International Court of Justice's 2005 Advisory Opinion on the separation barrier's legality. Israeli legal decisions will then be examined, drawn from three Israel High Court of Justice cases that provide in-depth examinations of the legality of several sections of the barrier. This report hopes to answer the question: what is the legal status of Israel's separation barrier with the West Bank.