Foundations Of Civil And Political Rights In Israel And The Occupied Territories

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Foundations of Civil and Political Rights in Israel and the Occupied Territories

Yvonne Schmidt
Foundations of Civil and Political Rights in Israel and the Occupied Territories Book PDF

Author : Yvonne Schmidt
Publisher : GRIN Verlag
Page : 637 pages
File Size : 45,7 Mb
Release : 2008-05
Category : Human rights
ISBN : 9783638944502

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Foundations of Civil and Political Rights in Israel and the Occupied Territories by Yvonne Schmidt Pdf

Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, 321 entries in the bibliography, language: English, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well as dilemmas concerning the ethnic and cultural identity of the population. From 1517 until 1917 Palestine was ruled by the Turks as part of the Ottoman Empire. In 1917 British troops conquered the territory and in 1922 the League of Nations granted to Great Britain the Mandate over Palestine. Following the establishment of the state of Israel in Palestine on 14 May 1948 a large number of British mandatory legislation was absorbed into Israel's legal system. This had and still has far-reaching, restrictive implications for the areas of administrative law and the field of human rights and freedoms. The British mandatory legislation includes security legislation - such as the Defence (Emergency) Regulations, 1945 - which empowers military commanders as well as the entirely executive branch of the government to impose severe restrictions on fundamental rights and freedoms. Despite the enactment of two basic laws on human rights in 1992 many areas, such as personal freedom, freedom of speech and the right of association and assembly are still regulated mainly by British colonial legislation that was never revoked after the establishment of the state of Israel. Since 1948 a permanent state of emergency is in force in Israel. This entitles the

Human Rights in the Israeli-occupied Territories, 1967-1982

Esther Rosalind Cohen
Human Rights in the Israeli occupied Territories 1967 1982 Book PDF

Author : Esther Rosalind Cohen
Publisher : Manchester University Press
Page : 352 pages
File Size : 55,8 Mb
Release : 1985
Category : Civil rights
ISBN : 0719017262

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Human Rights in the Israeli-occupied Territories, 1967-1982 by Esther Rosalind Cohen Pdf

Social, cultural, civil and political measures. Part VI:

The Occupation of Justice

David Kretzmer,Yaël Ronen
The Occupation of Justice Book PDF

Author : David Kretzmer,Yaël Ronen
Publisher : Oxford University Press
Page : 352 pages
File Size : 49,7 Mb
Release : 2021-02-12
Category : Law
ISBN : 9780190696047

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The Occupation of Justice by David Kretzmer,Yaël Ronen Pdf

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.

Human Rights, Self-Determination and Political Change in the Occupied Palestinian Territories

Stephen Bowen
Human Rights Self Determination and Political Change in the Occupied Palestinian Territories Book PDF

Author : Stephen Bowen
Publisher : BRILL
Page : 335 pages
File Size : 47,5 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481732

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Human Rights, Self-Determination and Political Change in the Occupied Palestinian Territories by Stephen Bowen Pdf

How can international human rights standards - in the civil and political sphere and in respect of economic, social and cultural rights - provide clear guidance for political change? This collection offers the reader an exposition and critical analysis of the agreements between Israel and the Palestinian Liberation Organisation from the perspective of international human rights law. Covered topics include - the relevance and influence of international law on the peace-making process, - the strengths and weaknesses of the agreements and the extent to which they lay the foundation for the realization of Palestinian self-determination and the development of a democratic and civil society, - the status and obligations of both the State of Israel and the emerging Palestinian Authority in respect of the Occupied Territories, and - the continuing role of international actors and non-governmental organisations in promoting respect for human rights during a period of dramatic transition. The position of Palestinian women and the operation of international human rights standards as mechanisms for political change receive particular attention. Scholars concerned with the Middle East and anyone interested in the promotion and protection of human rights in post-conflict situations will appreciate this unique and challenging collection.

A Threshold Crossed

Omar Shakir
A Threshold Crossed Book PDF

Author : Omar Shakir
Publisher : Unknown
Page : 217 pages
File Size : 50,7 Mb
Release : 2021
Category : Arab-Israeli conflict
ISBN : OCLC:1252735126

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A Threshold Crossed by Omar Shakir Pdf

"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.

The Wall and the Gate

Michael Sfard
The Wall and the Gate Book PDF

Author : Michael Sfard
Publisher : Metropolitan Books
Page : 320 pages
File Size : 50,6 Mb
Release : 2018-01-23
Category : Political Science
ISBN : 9781250122711

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The Wall and the Gate by Michael Sfard Pdf

From renowned human rights lawyer Michael Sfard, an unprecedented exploration of the struggle for human rights in Israel's courts A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court—that is, in the court of the abuser. In The Wall and the Gate, Michael Sfard chronicles this struggle—a story that has never before been fully told— and in the process engages the core principles of human rights legal ethics. Sfard recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings—all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself. Writing with emotional force, vivid storytelling, and penetrating analysis, Michael Sfard offers a radically new perspective on a much-covered conflict and a subtle, painful reckoning with the moral ambiguities inherent in the pursuit of justice. The Wall and the Gate is a signal contribution to everyone concerned with the Israeli-Palestinian conflict and human rights everywhere.

Fragmented Foundations

Susan Nicolai
Fragmented Foundations Book PDF

Author : Susan Nicolai
Publisher : Unknown
Page : 164 pages
File Size : 53,9 Mb
Release : 2007
Category : Education
ISBN : MINN:31951D02788844U

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Fragmented Foundations by Susan Nicolai Pdf

Includes statistical tables.

Land Law in Middle Eastern Countries

Oleg Igorevich Krassov
Land Law in Middle Eastern Countries Book PDF

Author : Oleg Igorevich Krassov
Publisher : XSPO
Page : 349 pages
File Size : 53,5 Mb
Release : 2024-06-26
Category : Law
ISBN : 9785001562573

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Land Law in Middle Eastern Countries by Oleg Igorevich Krassov Pdf

The monograph focuses on the basic features of the legal systems of the Middle Eastern countries, land law in force in these countries, Islamic land and water law, Bedouin tribal land ownership, customary water rights. The monograph contains a description of the regime of property and land in Jewish law. The author analyzes the current state of land law in the Middle Eastern countries, including title to land, title to other natural resources, types of rights to land, correlation of formal law and conventional land tenure systems. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in issues of land, civil law and comparative jurisprudence.

States of Emergency

Stephen Morton
States of Emergency Book PDF

Author : Stephen Morton
Publisher : Liverpool University Press
Page : 259 pages
File Size : 48,8 Mb
Release : 2013-02-04
Category : Literary Criticism
ISBN : 9781846317927

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States of Emergency by Stephen Morton Pdf

This book examines how violent anti-colonial struggles and the legal, military and political techniques used by colonial governments to contain them have been imagined in literature and law. Case studies examined include Ireland, India, South Africa, Algeria, Kenya, Israel-Palestine, Iraq, Afghanistan and Northern Pakistan.

Justice for Some

Noura Erakat
Justice for Some Book PDF

Author : Noura Erakat
Publisher : Stanford University Press
Page : 405 pages
File Size : 44,7 Mb
Release : 2019-04-23
Category : History
ISBN : 9781503608832

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Justice for Some by Noura Erakat Pdf

“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Occupation, Inc

Human Rights Watch (Organization)
Occupation Inc Book PDF

Author : Human Rights Watch (Organization)
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 2016
Category : Arab-Israeli conflict
ISBN : OCLC:936177199

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Occupation, Inc by Human Rights Watch (Organization) Pdf

"This report documents how settlement businesses facilitate the growth and operations of settlements. These businesses depend on and contribute to the Israeli authorities' unlawful confiscation of Palestinian land and other resources. They also benefit from these violations, as well as Israel's discriminatory policies that provide privileges to settlements at the expense of Palestinians, such as access to land and water, government subsidies, and permits for developing land"--Publisher's description.

Center of the Storm

Peter Bouckaert,Human Rights Watch (Organization)
Center of the Storm Book PDF

Author : Peter Bouckaert,Human Rights Watch (Organization)
Publisher : Human Rights Watch
Page : 154 pages
File Size : 42,5 Mb
Release : 2001
Category : Arab-Israeli conflict
ISBN : 1564322602

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Center of the Storm by Peter Bouckaert,Human Rights Watch (Organization) Pdf

To the United States

World Report 2019

Human Rights Watch
World Report 2019 Book PDF

Author : Human Rights Watch
Publisher : Seven Stories Press
Page : 957 pages
File Size : 50,5 Mb
Release : 2019-02-05
Category : Political Science
ISBN : 9781609808853

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World Report 2019 by Human Rights Watch Pdf

The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

Israel's Rights as a Nation-State in International Diplomacy

Alan Baker
Israel s Rights as a Nation State in International Diplomacy Book PDF

Author : Alan Baker
Publisher : Jerusalem Ctr Public Affairs
Page : 239 pages
File Size : 49,8 Mb
Release : 2011
Category : Administered Territories (Israel)
ISBN : 9789652181008

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Israel's Rights as a Nation-State in International Diplomacy by Alan Baker Pdf

A collection of articles about Israel's right of establishment as a Jewish homeland and as an independent country.

Torture and Ill-treatment

Human Rights Watch/Middle East
Torture and Ill treatment Book PDF

Author : Human Rights Watch/Middle East
Publisher : Human Rights Watch
Page : 330 pages
File Size : 46,8 Mb
Release : 1994
Category : History
ISBN : 1564321363

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Torture and Ill-treatment by Human Rights Watch/Middle East Pdf

14: THE USE OF THREATS