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| 1 |
ID:
151087
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| Summary/Abstract |
The Israeli-Palestinian conflict is a dispute between two national movements claiming the same territory. It has been ongoing for over a hundred years, passing through different phases. In this respect, the 1967 Six-Day War signified the beginning of a new stage in the conflict in which relations between the occupied and the occupier have come to play a formative role in Israeli reality and be a primary factor in the construction of Israeli society. Since 1967 Israel has occupied Palestinian territories, and the Palestinian population has been living under occupation for almost five decades. In the summer of 2005, Israel withdrew unilaterally from the Gaza Strip and from four settlements on the West Bank, nevertheless continuing to control many aspects of life in Gaza (via border controls, blockades and other restrictions).
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| 2 |
ID:
151086
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| Summary/Abstract |
Despite the 2005 withdrawal of Israeli forces, the Gaza Strip's economy, including the movement of individuals as well as goods, remains under Israeli military control.
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| 3 |
ID:
151081
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| Summary/Abstract |
The evolvement of two separate legal regimes in the West Bank is one of the most prominent and troublesome characteristics of the Israeli occupation. This separation is premised on an ethno-national basis, reflected in every aspect of life, and severely infringes upon the rights of the Palestinian residents. The exceptional tapestry that comprises these two legal systems has been woven throughout five decades by various Israeli actors and methods: government policy decisions, parliamentary legislation in Knesset, military decrees and operations, legal opinions of the Ministry of Justice and the attorney-general and court orders handed down by military courts in the West Bank and by civic courts inside Israel, including the High Court of Justice.
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| 4 |
ID:
151093
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| Summary/Abstract |
There is indeed an international law applicable to the occupation, which dates back to the ius gentium practiced 2000 years ago in what is now Israel and the territory it occupies.
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| 5 |
ID:
151096
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| Summary/Abstract |
Israel’s Control of the Territories - An Emerging Legal Paradigm ..............................102 Israel has moved from the paradigm of "de facto occupation" to those of "outsourcing" via the Palestinian Authority and "assimilation" by applying Israeli constitutional standards in Area C.
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| 6 |
ID:
151084
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| Summary/Abstract |
In 1967, Israel occupied the West Bank, including East Jerusalem, and expanded the boundaries of East Jerusalem by annexing approximately 70 square kilometers to the municipal boundaries of West Jerusalem. It also extended Israeli civil law to East Jerusalem, thereby de facto annexing it to the state of Israel, a move considered illegal under international law.
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| 7 |
ID:
151080
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| Summary/Abstract |
To appreciate the constraints of the operation of law and the legal system in the Occupied Palestinian Territories (OPT) in general and the West Bank in particular, it is important to understand the jurisdictional and sovereign limitations and duality of laws that exist, given the present and past political contexts and the historic legal heritage that have prevailed for centuries. In this article, the discussion is confined to the West Bank, while Occupied East Jerusalem is the subject of another article in this issue. The Occupied Gaza Strip is not part of this discussion.
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| 8 |
ID:
151083
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| Summary/Abstract |
Israel’s occupation of the West Bank is temporary, at least in theory, so in line with international law the pre-1967 legal system remains in place. Thus, Jordanian law determines military cases — except where changed or supplemented by the 1,700 or so orders issued by the Israel Defense Forces since the start of the occupation.
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| 9 |
ID:
151078
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| Summary/Abstract |
The concept of a ”dual legal system” has a long history, stemming from the beginning of Israel’s military occupation of the West Bank of the Jordan River in 1967. As I explained in detail in the early chapters of my 1985 book, Occupier’s Law, Israel’s ultimate aim is the annexation of the West Bank without its Palestinian inhabitants. However, the unlikelihood and difficulty of a mass expulsion of Arabs has meant that an interim period, pending full de jure annexation, has necessitated the creation of a particular legal relationship with the territory.
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| 10 |
ID:
151090
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| Summary/Abstract |
A popular anecdote tells of an Israeli traveler who, on arriving at a foreign port, responds to the questions on his visa form: “Sex — yes, please; Occupation — no, just tourism.” It is a joke, of course, and quite funny. But at its core it’s very unfunny, even tragic. Around the world, mention “Israel” and word-association instantly invokes “occupation.” But mention “occupation” in Israel, and almost no one knows what you’re talking about. It’s cognitive dissonance on a national scale. How can you end something that doesn’t exist?
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| 11 |
ID:
151085
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| Summary/Abstract |
It is important to frame the situation in Israel-Palestine in the context of colonialism for the application of the human rights and a full understanding of the dual legal system in the West Bank.
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| 12 |
ID:
151082
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| Summary/Abstract |
In the first week of March 2016 alone, 64 Palestinians were left homeless by Israeli demolitions in the West Bank.1 According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), the month of February 2016 saw the highest number of demolitions in the West Bank since it began documenting them in 2009, with 235 homes and structures destroyed, dismantled or confiscated.2 This resulted in the displacement of 331 individuals, including 174 children in February.
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| 13 |
ID:
151079
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| Summary/Abstract |
For nearly half a century, Israel has managed to normalize a situation in which criminal law is applied separately and unequally in the West Bank based on nationality alone (Israeli versus Palestinian), inventively weaving its way around the contours of international law in order to preserve and develop its “settlement enterprise.” What is more, while the law is enforced vigorously and aggressively upon Palestinians suspected of crimes against Israelis, Israeli settlers enjoy virtual impunity for acts against Palestinians.
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| 14 |
ID:
151088
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| Summary/Abstract |
In recent years, the Israeli government has intensified its settlement activities in the Jordan Valley, in a policy that essentially amounts to ethnic cleansing.
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