Occupation and the Law

Allan Gerson's book analyses the Israeli occupation of the West Bank from the standpoint of international law. Following an introductory chapter on the law applicable to belligerent occupation, Gerson traces the history of the Palestinian-Zionist conflict to 1967, focusing on the competing claims to land and on the legalities of the wars of 194849, 1956 and 1967. Gerson then analyses Israel's role since 1967 as belligerent occupant of the West Bank. He examines the governmental institutions that have existed on the West Bank since 1967, the acquisition of land by Israeli nationals and the Israeli government for settlement and other purposes, and the West Bank educational system and how the Israeli government has affected it. He concludes with an analysis of sovereignty over the West Bank, the legal status of Jerusalem, and the probable legality or illegality after the occupation ends of property transactions carried out during the occupation. Gerson draws on much interesting data. The book's strongest point is its account of the development of policy regarding the West Bank within the Israeli government. Gerson's abundant footnotes reveal that he has drawn upon a wealth of published data. Unfortunately, however, Gerson's book is one-sided to the point of dishonesty. He fails to mention many substantial allegations about Israel's violations of international law in its occupation of the West Bank and arrives at erroneous legal conclusions on major points. Gerson fails to mention: (1) Israel's expulsion of numerous Palestinians from the West Bank during the occupation; (2) the fact that Israel uses detention without charge (administrative detention); (3) the widely supported allegations that Israeli interrogators torture Palestinian detainees; (4) the denial of procedural rights to Palestinians in Israeli military courts; and (5) the extremely overcrowded prisons to which convicted Palestinians are sent. It is hard to take seriously a book entitled Israel, the West Bank and International Law that does not mention these topics, all of which raise serious questions about violation of international law. Gerson might not agree with this reviewer's assessment that Israel has violated international law in the enumerated five areas. But any serious scholar would at least discuss these points

Ancient history · Belligerent · Economics · Government (linguistics · Palestine · Political science · Politics · Principle of legality · Settlement (finance · Sovereignty · West bank · History · Jewish and Middle Eastern Studies · Law · Middle East and Rwanda Conflicts