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

by David Kretzmer

Overview

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.

Product Details

ISBN-13:	9780791453384
Publisher:	State University of New York Press
Publication date:	04/25/2002
Series:	SUNY series in Israeli Studies
Edition description:	New Edition
Pages:	272
Product dimensions:	6.00(w) x 9.00(h) x 1.00(d)

About the Author

David Kretzmer is Bruce W. Wayne Professor of International Law at the Hebrew University of Jerusalem and Visiting Professor of Law at Bar Ilan University. He is Vice-Chairperson of the United Nations Human Rights Committee and is the author of several books, including The Legal Status of the Arabs in Israel.

Table of Contents

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

Editorial Reviews

"This book offers a very vivid picture of how a court in a system that attaches great importance to law grapples with serious security issues. It is also an excellent case study of the administration of a long-term belligerent occupation and a remarkably textured examination of the operation of a foreign legal system." — Michael Reisman, Yale Law School

"This is the definitive work on the issue of the Supreme Court of Israel and the Occupied Territories. Kretzmer does a splendid job explaining the Court's constraints and evolving jurisprudence in this area." — Pnina Lahav, Boston University School of Law

From the Publisher

Kretzmer (international law, Hebrew University of Jerusalem) examines the Supreme Court of Israel's decisions on petitions challenging policies and actions in the West Bank and Gaza since 1967. He discusses the basis for the Court's jurisdiction, the application and interpretation of the international law of belligerent occupation, the legality of settlements and highway construction, and security measures. He argues that, in times of crisis, courts tend to align themselves with the executive branch. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Booknews