The Occupation of Justice , livre ebook

273

pages

English

Ebooks

2012

Écrit par
David Kretzmer

Publié par
State University of New York Press

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273

pages

English

Ebooks

2012

Lire un extrait

Obtenez un accès à la bibliothèque pour le consulter en ligne En savoir plus

Publié par

State University of New York Press

Date de parution

01 février 2012

Nombre de lectures

EAN13

9780791488805

Langue

English

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.
Preface

Introduction

PART I

1. JURISDICTION, JUSTICIABILITY, AND SUBSTANTIVE NORMS

2. APPLICATION OF INTERNATIONAL LAW

3. INTERPRETING GENEVA CONVENTION IV

4. THE BENEVOLENT OCCUPANT

PART II

5. CIVILIAN SETTLEMENTS AND DEVELOPMENT PROJECTS

6. RESIDENCY AND FAMILY UNIFICATION

PART III

7. SECURITY POWERS: BASIC ISSUES

8. LIBERTY AND SECURITY OF THE PERSON

9. HOUSE DEMOLITIONS

10. DEPORTATIONS

Conclusions

Notes

Select Bibliography

Index

Voir

Publié par

State University of New York Press

Date de parution

01 février 2012

Nombre de lectures

EAN13

9780791488805

Langue

English

The Occupation of Justice

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TH EOC C U P A T I O N O FJU S T I C E

The Supreme Court of Israel and the Occupied Territories

DAVID KRETZMER

STAT EUN I V E R S I T Y O FNE WYO R KPR E S S

Published by STATEUNIVERSITY OFNEWYORKPRESS ALBANY

Printed in the United States of America

No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher.

For information, address State University of New York Press, 90 State Street, Suite 700, Albany, NY 12207

Production, Kelli Williams Marketing, Patrick Durocher

Library of Congress Cataloging-in-Publication Data

Kretzmer, David, 1963– The occupation of justice : the Supreme Court of Israel and the Occupied Territories / David Kretzmer. p. cm. — (SUNY series in Israeli studies) Includes bibliographical references and index. ISBN 0-7914-5337-5 (alk. paper) — ISBN 0-7914-5338-3 (pbk. : alk. paper) 1. Israel. Bet ha-mishpaò ha-gavoha le-tsedeò. 2. Courts of last resort—Israel. 3. Political questions and judicial power—Israel. 4. Civil rights—Israel. 5. Jurisdiction—Israel. 6. Military government—West Bank. 7. Military government—Gaza Strip. I. Title. II. Series.

KMK3466 .K74 2002 347.5694'035—dc21

10 9 8 7 6 5 4 3 2 1

2002017628

In memory of Marcia, 1943–1993

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Preface

Introduction

CONTENTS

PARTI

Chapter One JURISDICTION, JUSTICIABILITY,ANDSUBSTANTIVENORMS

Chapter Two APPLICATION OFINTERNATIONALLAW

Chapter Three INTERPRETINGGENEVACONVENTIONIV

Chapter Four THEBENEVOLENTOCCUPANT

PARTII

Chapter Five CIVILIANSETTLEMENTS ANDDEVELOPMENTPROJECTS

Chapter Six RESIDENCY ANDFAMILYUNIFICATION

101

viii

Chapter Seven SECURITYPOWERS: BASICISSUES

CONTENTS

PARTIII

Chapter Eight LIBERTY ANDSECURITY OF THEPERSON

Chapter Nine HOUSEDEMOLITIONS

Chapter Ten DEPORTATIONS

Conclusions

Notes

Select Bibliography

Index

115

127

145

165

187

199

249

257

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 theIntifada. Much has changed since then. Israel and the PLO signed the Oslo Dec-laration 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 theal-Aqsa Intifada.At the time of writing both thisIntifada and negotiations between the parties continue. Following the Declaration of Principles and subsequent agreements, the transferal of powers to the Palestinian Authority, and the commit-ment 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 theal-Aqsa Intifadanumerous petitions have been submitted to the Supreme Court challenging actions of the military

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