The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (2nd edition)

ISBN : 9780190696023

David Kretzmer; Yael Ronen
540 ページ
156 x 235 mm

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.


Chapter 1. Introduction
Part I: The legal framework
Chapter 2. Jurisdiction and justiciability
Chapter 3. Local law, military orders, and administrative law
Chapter 4. The international law of belligerent occupation
Chapter 5. International human rights law
Chapter 6. Israeli constitutional law
Chapter 7. The Oslo Accords
Chapter 8. Public order and civil life
Part II: Land and people
Chapter 9. Gaza after 2005
Chapter 10. Civilian settlements
Chapter 11. Israeli settlers
Chapter 12. The separation barrier
Chapter 13. Planning and building in Area C
Chapter 14. Residence and family reunification
Part III: Security measures and hostilities
Chapter 15. Security measures: basic issues
Chapter 16. Internment
Chapter 17. Interrogation practices
Chapter 18. Punitive house demolitions
Chapter 19. Deportations
Chapter 20. Hostilities
Chapter 21. Conclusions


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) ; Yael 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).