Case Number

HCJ 3278/02

Date Decided

10-15-2002

Decision Type

Original

Document Type

Full Opinion

Abstract

Beginning in September of 2000, there was an increase in Palestinian terrorist activity against the Jewish community in Judea and Samaria, the Gaza Strip, and within Israel itself. Hundreds were killed and wounded. In reaction, the army initiated military activities. Hundreds of Palestinians were killed and wounded. Terrorist activity intensified in the beginning of 2002. In March of that year there was an increase of Palestinian terrorist activity. Approximately one hundred and twenty Israeli civilians were killed and hundreds were wounded. In response to the terrorist activity, the government decided, on 29.03.2002, to carry out a large-scale military operation. The goal of the operation, Operation Defensive Wall, was to destroy the Palestinian terrorist infrastructure. During the operation, the Israel Defense Forces [hereinafter the IDF] entered many areas in Judea and Samaria which were under the control of the Palestinian Authority.

Keywords

Constitutional Law -- Basic Law: Freedom of Occupation, International Law -- Laws of war, International Law -- Occupied territories

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