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

by David Kretzmer

Overview

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.

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.

Product Details

ISBN-13:	9780791488805
Publisher:	State University of New York Press
Publication date:	02/01/2012
Series:	SUNY series in Israeli Studies
Sold by:	Barnes & Noble
Format:	eBook
Pages:	272
File size:	453 KB

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 vii

1 Introduction 1

Part I Legal Framework

2 Jurisdiction and Justiciability 29

3 Local Law, Military Orders and Administrative Law 41

4 International Law of Belligerent Occupation 55

5 International Human Rights Law 83

6 Israeli Constitutional Law 99

7 Oslo Accords 119

8 Public Order and Civil Life 133

Part II Land and People

9 Gaza After 2005 163

10 Civilian Settlements 179

11 Israeli Settlers 217

12 Separation Barrier 233

13 Planning and Building in Area C 273

14 Residence and Family Unification 297

Part III Security Measures and Hostilities

15 Security Powers: Basic Issues 311

16 Internment on Security Grounds 327

17 Interrogation Practices 351

18 Punitive House Demolitions 375

19 Deportations 419

20 Judicial Review of Hostilities 457

Conclusions 489

Selected Bibliography 517

Index 535

Editorial Reviews

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

"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