How May Israel's Occupation of Gaza and the West Bank be Justified in International Law?

How May Israel's Occupation of Gaza and the West Bank be Justified in International Law?
Author: Patrick Wagner
Publisher: GRIN Verlag
Total Pages: 34
Release: 2007-08-24
Genre: Law
ISBN: 3638747204

Essay from the year 2002 in the subject Law - European and International Law, Intellectual Properties, grade: 1 (A), University of Kent (Kent Law School), 13 entries in the bibliography, language: English, abstract: The conflict between Israel and the Palestinians over the occupation of the West Bank and Gaza is one of the most complicated conflicts in the world. Attempts to resolve the conflict have failed in the past and a resolution seems unlikely to emerge in the near future. Partly, this is due to the fact that the situation is extremely complex and the conflict very old. History, politics and international law together with religion, nationalism and pride are entangled to form this conflict. For both sides the conflict has reached an emotional level where belief is more important than rational decisions. A lot has been written about the Israel-Palestine conflict and in recent years more and more critique of Israel has emerged. This is particularly interesting as usually every criticism of its actions or policies is turned down by Israel as anti-Semitism. One thus has to be extremely careful when writing about Israel although international law seems to be relatively clear about the 1967 occupation of Gaza and the West Bank. In order to examine the legality of the occupation, this paper will discuss the situation from both angles and look at the sources of international law relevant to this case. These are the Charter of the United Nations in general and the United Nations Security Council Resolution 242 in particular. In addition, customary international law has developed to a jus cogens, prohibiting the use of force at all for settling international disputes. Finally, this paper shall conclude that any justification of the occupation is doubtful and there is little evidence in international law that might legitimise Israel's actions. And even if the initial occupation could be legitimised under Article 51 of the UN Charter as an act of self-defence, the prolon

Israel, the West Bank and International Law

Israel, the West Bank and International Law
Author: Allan Gerson
Publisher: Routledge
Total Pages: 298
Release: 2012-11-12
Genre: History
ISBN: 1136277609

Synthesizing primary and technical data, this book focuses on the legal and political aspects of Israeli administration in the West Bank and the international attempt to resolve the dispute over the territories. The author assesses the present situation and provides guidelines for future action.

Legal Dualism

Legal Dualism
Author: Eyal Benvenisti
Publisher: Routledge
Total Pages: 105
Release: 2019-03-04
Genre: Political Science
ISBN: 0429714475

This book examines the various methods by which Israeli law is being applied to the occupied territories and their inhabitants. It discusses the legal situation of the territories from the point of view of the positive law that is in effect there.

Prolonged Occupation and International Law

Prolonged Occupation and International Law
Author: Nada Kiswanson
Publisher: Martinus Nijhoff Publishers
Total Pages: 430
Release: 2023
Genre: Law
ISBN: 9004503935

This volume arose from a desire to advance academic discourse and reflection on the broader subject of prolonged occupation, in light of the permanent character, and resulting implications of, the 55 year Israeli administration of the Palestinian Territories. The roots of the volume lie in a 2018 academic conference on "The Threshold from Occupation to Annexation". The present volume moves that discussion forward, updating and widening the range of topics addressed. The result is a collection of thought-provoking contributions by a wide range of scholars on the challenging and critical issue of prolonged occupation and international law, ranging from colonialism, apartheid, the illegality of occupation and potential international criminal liability. "This volume reminds us forcefully that international law is alive and vibrant and can, with imagination and in concert with social movements, move us forward in the struggle for justice in Palestine, and elsewhere. It is a signal achievement." George Bisharat, The Honorable Raymond L. Sullivan Professor of Law, University of California Hastings College of the Law. "Into today's "deepening environment of political inertia" (co-editor Nada Kiswanson) comes this searing collection of essays examining international legal frameworks and legal responsibilities closely and tangibly informed by the painful realities of Palestinian life under prolonged Israeli occupation. The editors, authors, convenors and everyone else involved are to be congratulated on producing a volume that will surely become a seminal resource for anyone serious about studying what Palestine has to teach us about international law." Lynn Welchman, Professor, School of Law, SOAS University of London. "Scholarly and comprehensive, this impressive collection of essays by renowned experts...offers a tour d'horizon of the fundamental legal issues raised by Israel's prolonged occupation of Palestine as well as potential remedies that can confront the illegalities." William A. Schabas, Professor of International Law, School of Law, Middlesex University.

Justice for Some

Justice for Some
Author: Noura Erakat
Publisher: Stanford University Press
Total Pages: 405
Release: 2019-04-23
Genre: History
ISBN: 1503608832

“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

The Occupation of Justice

The Occupation of Justice
Author: David Kretzmer
Publisher: Oxford University Press, USA
Total Pages: 561
Release: 2021
Genre: Law
ISBN: 0190696028

"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"--

Conflicts in a Conflict

Conflicts in a Conflict
Author: Michael Karayanni
Publisher: Oxford University Press
Total Pages: 304
Release: 2014-04-30
Genre: Law
ISBN: 0199366462

Conflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni sheds light on a whole sphere of legal designs and norms that have not received any thorough scholarly attention, as most of the writings thus far have been on issues pertaining to international law, human rights, history, and politics. For the most part, Israeli courts turned to conflict of laws, or private international law to address private disputes implicating the Palestinian Territories. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, Conflicts in a Conflict comes to focus on traditional topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights, are also outlined and analyzed. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years and Israeli policies generally in respect of the Palestinian Territories. This study of the conflict of laws in a war setting and conflict of laws in a jurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.

International Law and the Israeli-Palestinian Conflict

International Law and the Israeli-Palestinian Conflict
Author: Susan M. Akram
Publisher: Routledge
Total Pages: 353
Release: 2010-12-23
Genre: Architecture
ISBN: 1136850988

Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues, ranging from security, through legal and political frameworks to refugees and Jerusalem.

Occupation, Inc

Occupation, Inc
Author: Human Rights Watch (Organization)
Publisher:
Total Pages:
Release: 2016
Genre: Arab-Israeli conflict
ISBN:

"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.