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Author : David Kretzmer
Publisher : State University of New York Press
Page : 273 pages
File Size : 55,7 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791488805
A critical examination of the decisions of the Supreme Court of Israel in cases relating to the Occupied Territories.
Author : KRETZMER & RONEN.
Publisher : Unknown
Page : 128 pages
File Size : 47,9 Mb
Release : 2024-05-23
Category : Electronic
ISBN : 0190696052
Author : David Kretzmer,Yaël Ronen
Publisher : Oxford University Press, USA
Page : 561 pages
File Size : 49,7 Mb
Release : 2021
Category : Law
ISBN : 9780190696023
"This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--
Author : Noura Erakat
Publisher : Stanford University Press
Page : 405 pages
File Size : 52,6 Mb
Release : 2019-04-23
Category : History
ISBN : 9781503608832
“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
Author : Rouba Al-Salem
Publisher : Routledge
Page : 260 pages
File Size : 51,8 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781351602273
This book examines how the Israeli High Court of Justice (HCJ) has interpreted and applied international law principles in adjudicating petitions filed by Palestinians. The research focuses on HCJ judgments that have been rendered since the outbreak of the Second Intifada (2000) in relation to petitions challenging the legality of measures implemented by various Israeli governments and military authorities for the professed need of enhancing the security of Israeli settlements and settlers in the occupied West Bank. It discusses to what extent the HCJ provides a venue for an effective domestic remedy for alleged violations of the Palestinians’ internationally protected rights. It further analyses the judgments of the Court seeking to demonstrate why it appears to show a preference for invoking principles of Israeli administrative and constitutional law, thereby promoting the domestic rather than international Rule of Law. Although the jurisprudence of the HCJ has often been hailed as that of an ‘activist’ court, the analysis of petitions adjudicated by the Court between 2000 and 2014 illustrates why its approach is ill-suited to a situation of prolonged military occupation. Finally, the book evaluates what impact the Court’s adjudication, reasoning and interpretation has on the normative coherence of the international law of belligerent occupation.
Author : Elizabeth Laird
Publisher : Haymarket Books
Page : 240 pages
File Size : 48,8 Mb
Release : 2016-02-01
Category : Juvenile Fiction
ISBN : 9781608465835
A Little Piece Of Ground will help young readers understand more about one of the worst conflicts afflicting our world today. Written by Elizabeth Laird, one of Great Britain’s best-known young adult authors, A Little Piece Of Ground explores the human cost of the occupation of Palestinian lands through the eyes of a young boy. Twelve-year-old Karim Aboudi and his family are trapped in their Ramallah home by a strict curfew. In response to a Palestinian suicide bombing, the Israeli military subjects the West Bank town to a virtual siege. Meanwhile, Karim, trapped at home with his teenage brother and fearful parents, longs to play football with his friends. When the curfew ends, he and his friend discover an unused patch of ground that’s the perfect site for a football pitch. Nearby, an old car hidden intact under bulldozed building makes a brilliant den. But in this city there’s constant danger, even for schoolboys. And when Israeli soldiers find Karim outside during the next curfew, it seems impossible that he will survive. This powerful book fills a substantial gap in existing young adult literature on the Middle East. With 23,000 copies already sold in the United Kingdom and Canada, this book is sure to find a wide audience among young adult readers in the United States.
Author : Alpaslan Ozerdem,Chuck Thiessen,Mufid Qassoum
Publisher : Taylor & Francis
Page : 298 pages
File Size : 41,6 Mb
Release : 2016-12-01
Category : Political Science
ISBN : 9781317213635
This book explores the challenges of transforming the violent conflict between the State of Israel and the Palestinians into just peace. There are many challenges involved in the bottom-up transformation of the violent structures that sustain the State of Israel’s occupation of Palestinian territory. This book examines these structures as it assesses the actors and strategies that are contributing to the termination of cycles of violence and oppression. Consisting of contributions from both peace practitioners and academics who have conducted research within Israel and the occupied territory, the volume utilises a multidisciplinary perspective to examine promising strategies for conflict transformation in Israel and the occupied Palestinian territory. Moreover, it spells out the types of nonviolent strategy that are being used to expose and undermine occupation structures, and surveys the manner in which a variety of key actors are working towards the transformation of the ongoing conflict. As a whole, the volume presents a proposal for the transformation of the conflict between Palestinians and the State of Israel that embraces the constructive potential of conflict, engages with power asymmetry, and pushes for justice and accountability. This book will be of much interest to students of conflict resolution, peace studies, Middle Eastern studies, the Arab-Israeli conflict, and IR in general.
Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 336 pages
File Size : 49,8 Mb
Release : 2009-02-19
Category : History
ISBN : 9780521896375
The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 55,8 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:1091201127
Author : Eyal Benvenisti
Publisher : Oxford University Press
Page : 410 pages
File Size : 45,7 Mb
Release : 2012-02-23
Category : History
ISBN : 9780199588893
Originally published: Princeton, N.J.: Princeton University Press, 1993.
Author : Marc Lamont Hill,Mitchell Plitnick
Publisher : The New Press
Page : 242 pages
File Size : 55,9 Mb
Release : 2021-02-16
Category : History
ISBN : 9781620975930
A bold call for the American Left to extend their politics to the issues of Israel-Palestine, from a New York Times bestselling author and an expert on U.S. policy in the region In this major work of daring criticism and analysis, scholar and political commentator Marc Lamont Hill and Israel-Palestine expert Mitchell Plitnick spotlight how holding fast to one-sided and unwaveringly pro-Israel policies reflects the truth-bending grip of authoritarianism on both Israel and the United States. Except for Palestine deftly argues that progressives and liberals who oppose regressive policies on immigration, racial justice, gender equality, LGBTQ rights, and other issues must extend these core principles to the oppression of Palestinians. In doing so, the authors take seriously the political concerns and well-being of both Israelis and Palestinians, demonstrating the extent to which U.S. policy has made peace harder to attain. They also unravel the conflation of advocacy for Palestinian rights with anti-Semitism and hatred of Israel. Hill and Plitnick provide a timely and essential intervention by examining multiple dimensions of the Israeli-Palestinian conversation, including Israel's growing disdain for democracy, the effects of occupation on Palestine, the siege of Gaza, diminishing American funding for Palestinian relief, and the campaign to stigmatize any critique of Israeli occupation. Except for Palestine is a searing polemic and a cri de coeur for elected officials, activists, and everyday citizens alike to align their beliefs and politics with their values.
Author : Jean-Pierre Filiu
Publisher : Hurst Publishers
Page : 503 pages
File Size : 44,8 Mb
Release : 2023-10-26
Category : Political Science
ISBN : 9781805261506
Through its millennium–long existence, Gaza has often been bitterly disputed while simultaneously and paradoxically enduring prolonged neglect. Jean-Pierre Filiu’s book is the first comprehensive history of Gaza in any language. Squeezed between the Negev and Sinai deserts on the one hand and the Mediterranean Sea on the other, Gaza was contested by the Pharaohs, the Persians, the Greeks, the Romans, the Byzantines, the Arabs, the Fatimids, the Mamluks, the Crusaders and the Ottomans. Napoleon had to secure it in 1799 to launch his failed campaign on Palestine. In 1917, the British Empire fought for months to conquer Gaza, before establishing its mandate on Palestine. In 1948, 200,000 Palestinians sought refuge in Gaza, a marginal area neither Israel nor Egypt wanted. Palestinian nationalism grew there, and Gaza has since found itself at the heart of Palestinian history. It is in Gaza that the fedayeen movement arose from the ruins of Arab nationalism. It is in Gaza that the 1967 Israeli occupation was repeatedly challenged, until the outbreak of the 1987 intifada. And it is in Gaza, in 2007, that the dream of Palestinian statehood appeared to have been shattered by the split between Fatah and Hamas. The endurance of Gaza and the Palestinians make the publication of this history both timely and significant.
Author : Saree Makdisi
Publisher : W. W. Norton & Company
Page : 416 pages
File Size : 51,6 Mb
Release : 2010-04-12
Category : History
ISBN : 9780393069969
“A compelling account . . . and a reminder that a true peace can be built only on justice.”—Desmond M. Tutu Tending one’s fields, visiting a relative, going to the hospital: for ordinary Palestinians, such activities require negotiating permits and passes, curfews and closures, “sterile roads” and “seam zones”—bureaucratic hurdles ultimately as deadly as outright military incursion. In Palestine Inside Out, Saree Makdisi draws on eye-opening statistics, academic histories, UN reports, and contemporary journalism to reveal how the “peace process” institutionalized Palestinians’ loss of control over their inner and outer lives—and argues powerfully and convincingly for a one-state solution.
Author : Ilan Pappe
Publisher : Simon and Schuster
Page : 288 pages
File Size : 41,9 Mb
Release : 2017-06-22
Category : History
ISBN : 9781780744339
Shortlisted for the Palestine Book Awards 2017 A powerful, groundbreaking history of the Occupied Territories from one of Israel's most influential historians From the author of the bestselling study of the 1948 War of Independence comes an incisive look at the Occupied Territories, picking up the story where The Ethnic Cleansing of Palestine left off. In this comprehensive exploration of one of the world’s most prolonged and tragic conflicts, Pappe uses recently declassified archival material to analyse the motivations and strategies of the generals and politicians – and the decision-making process itself – that laid the foundation of the occupation. From a survey of the legal and bureaucratic infrastructures that were put in place to control the population of over one million Palestinians, to the security mechanisms that vigorously enforced that control, Pappe paints a picture of what is to all intents and purposes the world’s largest ‘open prison’.
Author : Michael Siegrist
Publisher : Graduate Institute Publications
Page : 81 pages
File Size : 50,9 Mb
Release : 2011-04-15
Category : History
ISBN : 9782940415489
Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)