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

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SUNY Press, Apr 25, 2002 - History - 262 pages
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The Occupation of Justice presents the first comprehensive discussion of the Supreme Court of Israelís 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 Courtís 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.
  

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Contents

Introduction
1
PART I
17
JURISDICTION JUSTICIABILITY AND SUBSTANTIVE NORMS
19
APPLICATION OF INTERNATIONAL LAW
31
INTERPRETING GENEVA CONVENTION IV
43
THE BENEVOLENT OCCUPANT
57
PART II
73
CIVILIAN SETTLEMENTS AND DEVELOPMENT PROJECTS
75
CHAPTER SEVEN SECURITY POWERS
115
LIBERTY AND SECURITY OF THE PERSON
127
HOUSE DEMOLITIONS
145
DEPORTATIONS
165
Conclusions
187
Notes
199
Select Bibliography
249
Index
257

RESIDENCY AND FAMILY UNIFICATION
101
PART III
113

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About the author (2002)

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.

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