Is Israel’s Security Barrier Illegal?

In short, no. Israel’s security barrier is a legal, legitimate, and effective defensive measure implemented primarily to prevent Palestinian terrorist attacks on Israeli civilians. Israel’s Supreme Court has withheld that it is legal, and has even ordered alterations to minimize any kind of negative impact on Palestinians.

The barrier’s construction began in 2002 in response to the Second Intifada, during which over 1,000 Israelis were killed and thousands more injured by Palestinian suicide bombers and other terrorists. The primary purpose of the barrier is to stop Palestinian terrorists from infiltrating Israel and carrying out attacks. Its effectiveness is evident in the significant reduction of successful terrorist operations since its implementation. Unfortunately, the October 7th, 2023 Hamas-led attack on Israel shows that the barrier isn’t foolproof, but does make one question the consequences of having no barrier at all.

Israel, just like every state, has the right to defend its sovereign borders.

Sources:

https://www.adl.org/resources/backgrounder/security-barrier

https://www.jewishvirtuallibrary.org/background-and-overview-of-israel-s-security-fence

Israel announces completion of 40-mile security barrier with Gaza Strip

ISRAEL’S SECURITY FENCE

More than 1,000 innocent Israelis were killed in terrorist attacks between 2000 and 2005. Here are just a couple of examples of the kind of attacks carried out by Hamas and other terror groups

Dec 12, 2001: 11 were killed and 30 wounded when three terrorists attacked a bus and several passenger cars with a roadside bomb, anti- tank grenades, and light arms fire near the entrance to Emmanuel in Samaria. Both Fatah and Hamas claimed responsibility for the attack.

Moment Cafe, March 9, 2003:
Hamas targeted a crowded coffee shop on a Saturday night in a western Jerusalem neighborhood. 11 young adults were murdered and 54 were wounded.

In response to the violence, Israel constructed a security barrier to impede the infiltration of suicide bombers and other terrorists into Israel. As a result, terror attacks decreased by 90%, and Israel saw a 70% reduction in civilians murdered by terrorists.

The barrier is not illegal under international law — it is, as the Jerusalem Center for Public Affairs has noted, “a necessary and proportional response to a campaign of genocide, crimes against humanity, and war crimes by Palestinians.”