The law of belligerent occupation in the Supreme Court of Israel
Bibliographic Data
| ID | 12849348 |
|---|---|
| Authors | David Kretzmer (Hebrew University of Jerusalem, corresponding author) |
| Year | 2012 |
| Volume | 94 |
| Issue | 885 |
| Pages | 207-236 |
| Publication date | 2012-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Review of the Red Cross (JOURNAL) |
| Journal identifiers | ISSN: 1607-5889 • E-ISSN: 1816-3831 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1816383112000446 |
| OpenAlex | W2070445065 |
| Language | EN |
| Citations received | 14 |
| References cited | 17 |
Since the 1967 War, in the course of which Israel occupied the West Bank and Gaza, the Supreme Court of Israel has considered thousands of petitions relating to acts of the military and other authorities in those territories (OT). This article reviews the contribution to the law of belligerent occupation of the Court's jurisprudence in these cases. After discussing issues of jurisdiction and the applicable norms, the article reviews the way in which the Court has interpreted military needs, the welfare of the local population, changes in the local law, and use of resources; the attitude of the Court to the long-term nature of the occupation and the existence of Israeli settlements, settlers, and commuters in the OT; the introduction of a three-pronged test of proportionality in assessing military necessity; and hostilities in occupied territories. In the final section, I draw some general conclusions on the Court's contribution to the law of occupation
Belligerent · International humanitarian law · International law · Jurisdiction · Jurisprudence · Political science · Proportionality (law · Supreme court · International Law and Aviation · International Law and Human Rights · Law · Torture, Ethics, and Law
When the Death Penalty Is Not an Option
Norm Making from the Margins
The agenda premises of the judicialization of politics
The Palestinian human right to full Israeli citizenship
Business and Human Rights in Occupied Territory
The Quantum Mechanics of Israeli Totalitarianism
Courts and Horizontal Accountability in Hybrid Regimes
Jurisdiction as Sovereignty Over Occupied Palestine
The EU's New Approach To the Two-State Solution in the Israeli-Palestinian Conflict
The War Lawyers
The Occupied Palestinian Territory and international humanitarian law
Another brick in the wall
Non-state actors and framing processes in EU foreign policy
Squaring the circle
| Unique citing works | 14 |
|---|---|
| Citations per year | 1,08 |
| Citation span | 2013 - 2026 (14) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 14 |