The Occupation of Justice: The Supreme Court of Israel and the Occupied TerritoriesThe 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. |
Contents
Introduction | 1 |
PART I | 17 |
JURISDICTION JUSTICIABILITY AND SUBSTANTIVE NORMS | 19 |
APPLICATION OF INTERNATIONAL LAW | 31 |
INTERPRETING GENEVA CONVENTION IV | 43 |
THE BENEVOLENT OCCUPANT | 57 |
PART II | 73 |
CIVILIAN SETTLEMENTS AND DEVELOPMENT PROJECTS | 75 |
CHAPTER SEVEN SECURITY POWERS | 115 |
LIBERTY AND SECURITY OF THE PERSON | 127 |
HOUSE DEMOLITIONS | 145 |
DEPORTATIONS | 165 |
Conclusions | 187 |
Notes | 199 |
Select Bibliography | 249 |
257 | |
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Common terms and phrases
23 Isr YHR accepted actions administrative detention advisory committee apply argued argument article 49 Aviv Bank and Gaza belligerent occupation Beth civilian settlements Commander in Gaza Commander in Judea commander's Court held customary international law deportation order detainees Dinstein domestic courts duty Elon Moreh English summary force Geneva Convention Government of Israel Hague Regulations hearing Hebrew house demolitions Human Rights Ibid IDF Commander interpretation interrogation Intifada Israeli Supreme Court issue Jerusalem Jewish Jordan Jordanian Judea and Samaria judges judicial review jurisdiction Justice Barak Justice Landau Justice Shamgar Kawasme Ketziot Knesset land law of belligerent legislation measures military authorities military commander military government military order Minister of Defense occu Occupied Territories occupying power Palestinian petition petitioners pied Territories planning political population prohibition protect provision public order question Rafiah Approach refused regarded regulation 119 relating residents rule Takdin-Elyon Tel Aviv terrorist tion West Bank