The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories
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.
1122233499
The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories
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.
185.0 In Stock
The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories

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

by David Kretzmer, Yaël Ronen
The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories

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

by David Kretzmer, Yaël Ronen

Hardcover(2nd ed.)

$185.00 
  • SHIP THIS ITEM
    Qualifies for Free Shipping
  • PICK UP IN STORE

    Your local store may have stock of this item.

Related collections and offers


Overview

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.

Product Details

ISBN-13: 9780190696023
Publisher: Oxford University Press
Publication date: 02/26/2021
Edition description: 2nd ed.
Pages: 560
Product dimensions: 9.40(w) x 6.40(h) x 1.60(d)

About the Author

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).

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

From the B&N Reads Blog

Customer Reviews