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A critical examination of the decisions of the Supreme Court of Israel in cases relating to the Occupied Territories. The Occupation of Justice presents the first comprehensive discussion of the Supreme Court of Israel’s decisions on petitions challenging policies and actions of the authorities in the West Bank and Gaza since their occupation during the 1967 Six-Day War. Kretzmer addresses issues including: the basis for the Court’s jurisdiction; application and interpretation of the international law of belligerent occupation; the legality of civilian settlements and highway construction; and security measures such as curfews, deportations and housing demolitions. While pertaining to a specific political and legal context, this case study has broader implications regarding how courts in democratic countries act in times of conflict and crisis. It shows that at such times domestic courts tend to close ranks with the executive branch against those elements that are perceived as external threats to society.

Table of Contents

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  1. Cover
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  1. Title Page, Copyright, Dedication
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  1. CONTENTS
  2. pp. vii-viii
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  1. PREFACE
  2. pp. ix-x
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  1. INTRODUCTION
  2. pp. 1-16
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  1. PART I
  2. p. 17
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  1. CHAPTER ONE Jurisdiction, Justiciability, and Substantive Norms
  2. pp. 19-30
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  1. CHAPTER TWO Application of International Law
  2. pp. 31-42
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  1. CHAPTER THREE Interpreting Geneva Convention IV
  2. pp. 43-56
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  1. CHAPTER FOUR The Benevolent Occupant
  2. pp. 57-72
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  1. PART II
  2. p. 73
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  1. CHAPTER FIVE Civilian Settlements and Development Projects
  2. pp. 75-100
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  1. CHAPTER SIX Residnency and Family Unification
  2. pp. 101-112
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  1. PART III
  2. p. 113
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  1. CHAPTER SEVEN Security Powers
  2. pp. 115-126
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  1. CHAPTER EIGHT Liberty and Security of the Person
  2. pp. 127-144
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  1. CHAPTER NINE House Demolitions
  2. pp. 145-164
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  1. CHAPTER TEN Deportations
  2. pp. 165-186
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  1. CONCLUSIONS
  2. pp. 187-198
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  1. NOTES
  2. pp. 199-248
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  1. SELECT BIBLIOGRAPHY
  2. pp. 249-256
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  1. INDEX
  2. pp. 257-262
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