The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories

PREFACE

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 challenging measures adopted by the military authorities in their attempt to contain the Palestinian uprising, known as the Intifada. Much has changed since then. Israel and the PLO signed the Oslo Declaration of Principles and subsequent agreements. Parts of the Occupied Territories were transferred to the control of the Palestinian Authority. Negotiations have been continuing in an attempt to find a settlement to the long-standing conflict between Israel and the Palestinians, which will bring an end to occupation of the West Bank and Gaza. In September 2000 violence erupted and developed into a second uprising, now known as the al-Aqsa Intifada. At the time of writing both this Intifada and negotiations between the parties continue. Following the Declaration of Principles and subsequent agreements, the transferal of powers to the Palestinian Authority, and the commitment of the parties to negotiate a final agreement, many people imagined (somewhat naively, it would seem) that the end of the occupation was in sight. Events since September 2000 have shown that this assessment was premature. So was the assumption that the Court’s jurisprudence on the Occupied Territories would soon become an interesting, but completed, chapter in the Court’s history. It now appears that this chapter will remain open for some time, although political and military developments will lead to changes in the type of cases brought before the Court. Since the beginning of the al-Aqsa Intifada numerous petitions have been submitted to the Supreme Court challenging actions of the military ix PREFACE on the West Bank and in Gaza. The Court has yet to rule on many of these petitions. Thus the study does not include judgments delivered after the beginning of the al-Aqsa Intifada.
In preparing this book I received help, advice and encouragement from many research assistants, friends and colleagues. I cannot possibly mention them all. I would, however, like to express my thanks and appreciation to a few people. Ruth Gavison encouraged me throughout the long project. Her friendship and support over the years have meant more than she can imagine. The innumerable discussions with her on the topics discussed here played a major role in helping me to crystallize my thoughts. Pnina Lahav, a friend of many years, offered me essential advice and warm encouragement at various stages. Her comments were, as always, insightful and thought-provoking. Special thanks to Dana Alexander, Ilan Saban, Orit Kamir, Maya Steinitz, Meryl Weissmann, and Or Tamir for their help and comments. I am also grateful to the Ford Foundation, who provided support for the research, and to the former director of their Middle East Program, Steve Riskin, who gave me the initial push. Nita Shechet and Sally Oren helped in editing the final text. Their work was much appreciated. Finally, a special word of thanks to my mother, Yoel, Hava, Yonatan Yaakov, Vered, and Guy for their patience and love. Jerusalem February 2001 x PREFACE ...