Occupation of Justice, The
The Supreme Court of Israel and the Occupied Territories
Publication Year: 2002
Published by: State University of New York Press
Series: SUNY series in Israeli Studies
Title Page, Copyright, Dedication
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The idea of a general study on the jurisprudence of the Supreme Court of Israel relating to the Occupied Territories first came to me ten years ago, at a time when Israel still maintained full control over the West Bank and Gaza. The Court was inundated at the time with petitions
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The Supreme Court of Israel began reviewing actions of military authorities in the West Bank and Gaza soon after the Israel Defense Forces (IDF) occupied them in the 1967 Six-Day War. In subsequent years this review became a central feature of Israel’s legal and political control
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CHAPTER ONE Jurisdiction, Justiciability, and Substantive Norms
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Over the years Israeli governments pursued policies aimed at integration of the Occupied Territories with Israel while refraining from formally annexing the West Bank and Gaza or applying the Israeli legal system in those areas. In theory, at least, the applicable law in those parts of the West Bank and Gaza that are still under IDF control is the law that prevailed...
CHAPTER TWO Application of International Law
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Application of the international law of belligerent occupation in petitions relating to the Occupied Territories raises several related but discrete questions. First, are the rules of international law enforceable in Israel’s domestic courts? Second, assuming a positive answer, is the...
CHAPTER THREE Interpreting Geneva Convention IV
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The Supreme Court has refused to regard Geneva Convention IV as part of customary international law enforceable in domestic courts. Thus, even assuming the Convention’s applicability to the occupation of the West Bank and Gaza, the Court need never have expressed an opinion...
CHAPTER FOUR The Benevolent Occupant
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The law of belligerent occupation recognizes that military needs will be the major concern of every army of occupation. Nevertheless, because the occupying army has control over the occupied territory the occupying power has the duty to take over the first and most basic task of every...
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CHAPTER FIVE Civilian Settlements and Development Projects
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Establishment of Israeli civilian settlements in the Occupied Territories dramatically exposed the dissonance between government policies and the formal legal framework of belligerent occupation. According to the international law of belligerent occupation, the political status quo of
CHAPTER SIX Residnency and Family Unification
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In previous chapters I reviewed the Court’s attitude to the legal status of the Occupied Territories. I shall now review the status of the Palestinian residents of the Territories. This question has arisen in two major contexts: residency status and family unification....
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CHAPTER SEVEN Security Powers
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Arguments of security or military necessity underlie many of the issues discussed in the preceding chapters. Until the argument was rejected in the Elon Moreh case,1 the authorities successfully argued that requisition of private land for establishment of civilian settlements could be justified...
CHAPTER EIGHT Liberty and Security of the Person
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Restrictions on freedom of movement of residents in the Occupied Territories may be imposed in a number of ways. The most drastic restriction takes the form of a curfew that restricts the right of all people in a given area to leave their homes during stipulated times. In all cases in which attempts have been made to...
CHAPTER NINE House Demolitions
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House demolitions and deportations are the most extreme security measures used against individuals by the military authorities. The frequency with which the authorities have employed house demolitions has varied over the years. According to official sources, 1,265 houses were demolished...
CHAPTER TEN Deportations
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One of the most controversial security measures used by military commanders in the Occupied Territories has been deportation of residents on security grounds. The most extreme use of this measure was the deportation in late 1992 of 415 alleged activists of the Hamas and Islamic...
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In its decisions relating to the Occupied Territories, the Court has rationalized virtually all controversial actions of the Israeli authorities, especially those most problematic under principles of international humanitarian law. The text of article 49 of Geneva Convention IV is pellucid: it...
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Page Count: 272
Publication Year: 2002
Series Title: SUNY series in Israeli Studies