By virtue of the State's authority and obligation to protect it's civilians it is entitled to implement steps in order to defend itself from threats. The question of constructing the Security fence was discussed by the Supreme Court. The Court examined the issue in light of International law and Israeli administrative law determining, amongst other things that the military commander is authorized to assume possession of land subject to belligerent occupation for strategic reasons if it is a military necessity. It was held that the security fence falls within this framework only if it is strictly militarily necessary. As long as this is the case, there is no breach of private ownership which revokes legitimacy for its construction. The Court accepted the State's position, emphasizing that the fence's construction is motivated by security concerns rather than a political agenda.

Concerning the fences' route, the Court held that the military commander is responsible to find the appropriate balance between human rights and the local populaces' needs on the one hand and security issues on the other hand. For this purpose, the Court makes use of the principle of proportionality, according to which it is necessary to limit the freedom of the individual (in our case, the freedom of the local inhabitants subject to belligerent occupation) for the achievement of legitimate goals (in our case, state security, protection of its citizens and the region) as long as it is proportionate.

Considering the military threat facing Israeli settlers in Judea and Samaria, it was decided a number of years ago to protect a number of communities by establishing special security areas around them.
There are number of communities, around which engineered special security areas were erected, composing a peripheral fence and around other communities technological special security areas composed of sensors and cameras were created. The special security areas' range is designed to provide broad defense to the community and therefore buildings and dwelling places are prohibited there.

At the time of establishing the areas in Judea and Samaria, their procedural organization was consolidated regarding Palestinian resident entry for the sake of the loss of agricultural lands. Generally all those with proprietary interests in agricultural lands are entitled to work those fields that lie within the area. Furthermore, those of his nuclear family and his worker's are entitled to enter this area in order to work the fields.