Security barrier, question of the exercise of the jurisdiction of the State of Israel in securing the fulfillment of obligations under international law
Abstract
The security barrier located beyond the "green line" separated not only the territory of the state of Israel and the "occupied Palestinian territory", but represents a serious interference to the lives of those Palestinian people who are located at the eastern side. According to the advisory opinion ofthe International Court of Justice, the barrier is an invasive, expropriatory mean, a collective punishment for the Palestinian population, and one of the instruments of the state of Israel to prevent the development of Palestine and her possibility of acquiring its full sovereignty.
According to the Israeli Supreme Court's view, the barrier was exposed for security reasons, Israel is not of the opinion that the motive for the construction and location of a barrier was creating a political tool for defining the state border, the position of Israel in Judea and Samaria was not recognized by the Israeli Supreme Court as an occupying military power, the Court in its opinion considered the state of Israel has been exercising control for V. D'Evereux Bezpečnostní bariéra: otázka výkonu jurisdikce státu Izrael při zabezpečení plnění závazků plynoucích z mezinárodního práva Strana | 56 over decades, it is unclear whether the control will be terminated.
The author dealt with the question of application of the jurisdiction of the state, namely the principle of protection according to the state's right to intervene against a person who is not a citizen and who endangersthe security of citizens outside the state terriroty.