of the barrier's route involved in the petition (the area between Givat Ze'ev and Maccabim) were illegal and that the state must change the route. The judgment discussed at length two questions: whether the military commander had the power to seize private land to build the Separation Barrier, and whether the barrier's route in the relevant section was lawfully set.

In examining these questions, the justices discussed reasons that could provide the legal basis for actions to be taken by the defense establishment in building the barrier. The Court assumed that the West Bank is occupied territory, subject to international humanitarian law: the Hague Regulations, of 1907, and the humanitarian provisions of the Fourth Geneva Convention (as defined by Israel). On this point, the justices held:

 

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