The occupation of justice: The supreme court of Israel and the occupied territories

David Kretzmer, Yaël Ronen

Research output: Book/ReportBookpeer-review

17 Scopus citations

Abstract

Judicial review by Israel’s Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel’s legal and political control of these territories. The Occupation of Justice, Second Edition, presents a comprehensive discussion of the Court’s decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court’s approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in territory whose inhabitants are not part of the political community to which the Court belongs. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government’s policies. The study shows that while the Court’s review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.

Original languageAmerican English
PublisherOxford University Press
Number of pages543
ISBN (Electronic)9780190696023
DOIs
StatePublished - 1 Jan 2021
Externally publishedYes

Bibliographical note

Publisher Copyright:
© Oxford University Press 2021.

Keywords

  • Civilian settlements
  • Domestic courts
  • Geneva convention
  • International law
  • Israel
  • Judicial review
  • Occupation
  • Occupied territories
  • Palestinians
  • Security measures

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