David Kretzmer – författare

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.

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.

This study examines how the Israeli legal system copes with two major issues. The first is the tension between the constitutional definition of Israel as both a Jewish state and a democracy committed to equal rights for all of its citizens. The second issue is the delicate position of a national minority in a state that since its establishment has been involved in a bitter conflict with the Palestinian nation to which that minority belongs.

This study examines how the Israeli legal system copes with two major issues. The first is the tension between the constitutional definition of Israel as both a Jewish state and a democracy committed to equal rights for all of its citizens. The second issue is the delicate position of a national minority in a state that since its establishment has been involved in a bitter conflict with the Palestinian nation to which that minority belongs.

This study examines how the Israeli legal system copes with two major issues. The first is the tension between the constitutional definition of Israel as both a Jewish state and a democracy committed to equal rights for all of its citizens. The second issue is the delicate position of a national minority in a state that since its establishment has been involved in a bitter conflict with the Palestinian nation to which that minority belongs.

A critical examination of the decisions of the Supreme Court of Israel in cases relating to the Occupied Territories.The Occupation of Justice presents the first comprehensive discussion of the Supreme Court of Israel's 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 Court's 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.