Case Number
HCJ 1748/06 , HCJ 1845/06 , HCJ 1856/06
Date Decided
12-14-2006
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: The petitioners challenged the construction of a concrete barricade, with a height of 81 centimetres, along a section of road in the south of Mount Hebron in the territory of Judaea and Samaria. The respondents argued that the barricade was required for security purposes. The petitioners argued that it impeded the movement of pedestrians and animals.
Held: The concrete barricade was disproportionate, since it was not the least harmful measure that was capable of achieving the security purpose. A metal barricade, which would allow livestock to pass underneath and would make it easier for people to climb over, would achieve the same security purpose, but cause less harm to the local inhabitants.
Petition granted.
Keywords
Administrative Law -- Discretion, International Law -- Occupied territories
Recommended Citation
Barak, Aharon; Beinisch, Dorit; and Rivlin, Eliezer, "Mayor of Ad-Dhahiriya v. IDF Commander in West Bank" (2006). Translated Opinions. 254.
https://larc.cardozo.yu.edu/iscp-opinions/254
