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

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David Kretzmer (Bruce W. Wayne Emeritus Professor of International Law, Bruce W. Wayne Emeritus Professor of International Law, Hebrew University of Jerusalem) Yaël Ronen (Professor of Law, Professor of Law, Sha'arei Mishpat Academic Center for Science and Law)

The Occupation of Justice

The Supreme Court of Israel and the Occupied Territories

David Kretzmer (Bruce W. Wayne Emeritus Professor of International Law, Bruce W. Wayne Emeritus Professor of International Law, Hebrew University of Jerusalem), Yaël Ronen (Professor of Law, Professor of Law, Sha'arei Mishpat Academic Center for Science and Law)

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English

Oxford University Press Inc
21 April 2021

Regional government; Law & society; International law; Constitutional & administrative law

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 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 a territory in which the inhabitants are not part of the political community the Court belongs to. 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.

By: David Kretzmer (Bruce W. Wayne Emeritus Professor of International Law Bruce W. Wayne Emeritus Professor of International Law Hebrew University of Jerusalem), Yaël Ronen (Professor of Law, Professor of Law, Sha'arei Mishpat Academic Center for Science and Law)
Imprint: Oxford University Press Inc
Country of Publication: United States
Edition: 2nd Revised edition
Dimensions: Height: 163mm, Width: 239mm, Spine: 41mm
Weight: 930g
ISBN: 9780190696023
ISBN 10: 0190696028
Pages: 560
Publication Date: 21 April 2021
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

David Kretzmer LLB and LLM (Hebrew University of Jerusalem) Dr.Jur (York University, Canada). He was the founding academic director of the Minerva Center for Human Rights of the Hebrew University and Tel Aviv University, and was a member of the Human Rights Committee (ICCPR) from 1995-2002, serving as Vice-Chair from 2001-2002. He is now Professor Emeritus of International Law at the Hebrew University of Jerusalem. His previous books include The Legal Status of the Arabs in Israel (1990) and The Concept of Human Dignity in Human Rights Discourse (edited together with Eckart Klein) (2002) Yaël Ronen received her PhD from the University of Cambridge, following and LLB and LLM from the Hebrew University in Jerusalem. Prior to her academic career she served in the Israeli foreign service as a lawyer and diplomat. Professor of international law, Academic Center for Science and Law, Hod Hasharon, Israel; Research Fellow, Minerva Center for Human Rights, Hebrew University of Jerusalem, Israel. Her previous books include Transition from Illegal Regimes under International Law (2013) and The Iran Nuclear Issue (2011).