The Israeli High Court of Justice and the Palestinian Intifada

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Publisher :
ISBN 13 : 9789950327047
Total Pages : 113 pages
Book Rating : 4.3/5 (27 download)

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Book Synopsis The Israeli High Court of Justice and the Palestinian Intifada by : Niẓār Aiyūb

Download or read book The Israeli High Court of Justice and the Palestinian Intifada written by Niẓār Aiyūb and published by . This book was released on 2004 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Occupation of Justice

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Publisher : Oxford University Press, USA
ISBN 13 : 0190696028
Total Pages : 561 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Occupation of Justice by : David Kretzmer

Download or read book The Occupation of Justice written by David Kretzmer and published by Oxford University Press, USA. This book was released on 2021 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Justice and the Intifada

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ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.X/5 (2 download)

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Book Synopsis Justice and the Intifada by : Kathy Bergen

Download or read book Justice and the Intifada written by Kathy Bergen and published by . This book was released on 1991 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palestinian Intifada began in 1987 & rages to this day. It remains a major cause of strife & international concern over the Middle East, & has refocused the world's attention on the still unresolved conflict over the Israeli-occupied territories. This book offers 24 interviews with the people most effected by this conflict--Palestinians & Israelis themselves.

Security, Rights and Law

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Publisher : Routledge
ISBN 13 : 1351602276
Total Pages : 211 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Security, Rights and Law by : Rouba Al-Salem

Download or read book Security, Rights and Law written by Rouba Al-Salem and published by Routledge. This book was released on 2018-12-21 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2019 Francis Lieber Prize Recognizing an Exceptional Published Book in the Field of the Law of Armed Conflict This book examines how the Israeli High Court of Justice (HCJ) has interpreted and applied international law principles in adjudicating petitions filed by Palestinians. The research focuses on HCJ judgments that have been rendered since the outbreak of the Second Intifada (2000) in relation to petitions challenging the legality of measures implemented by various Israeli governments and military authorities for the professed need of enhancing the security of Israeli settlements and settlers in the occupied West Bank. It discusses to what extent the HCJ provides a venue for an effective domestic remedy for alleged violations of the Palestinians’ internationally protected rights. It further analyses the judgments of the Court seeking to demonstrate why it appears to show a preference for invoking principles of Israeli administrative and constitutional law, thereby promoting the domestic rather than international Rule of Law. Although the jurisprudence of the HCJ has often been hailed as that of an ‘activist’ court, the analysis of petitions adjudicated by the Court between 2000 and 2014 illustrates why its approach is ill-suited to a situation of prolonged military occupation. Finally, the book evaluates what impact the Court’s adjudication, reasoning and interpretation has on the normative coherence of the international law of belligerent occupation.

Israel, the "intifada" and the Rule of Law

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Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Israel, the "intifada" and the Rule of Law by : David Yahav

Download or read book Israel, the "intifada" and the Rule of Law written by David Yahav and published by . This book was released on 1993 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice in the West Bank?

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Publisher : Gefen Books
ISBN 13 : 9789657023167
Total Pages : 0 pages
Book Rating : 4.0/5 (231 download)

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Book Synopsis Justice in the West Bank? by : Yonah Jeremy Bob

Download or read book Justice in the West Bank? written by Yonah Jeremy Bob and published by Gefen Books. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ezra Schwartz, Asher Palmer, Naftali Fraenkel and others are American-Israelis or children of American-Israelis who were murdered by Palestinians in the West Bank. Where their murderers survived, they were brought to trial in the Israeli military West Bank Courts. The Palestinian side of the story is also told, including where Israeli military West Bank Courts ruled in favor of Palestinians. One central issue hanging over these twilight zone courts is how they address Palestinian terrorism against Israelis and American-Israelis. Another is trying to find a balanced truth with complex issues like dealing with Palestinian minors like Ahed Tamimi - who has rallied anti-Israel fervor across the globe -- hunger strikes and administrative detention. Justice in the West Bank? A Black, White and Gray Zone is a book and documentary project and the first-ever insider look at the West Bank justice system. It is also a balanced, human story, which follows the key legal personalities of the West Bank courts and their interactions in the high-profile cases that have come to define the Israeli-Palestinian conflict. Top IDF officials signed off on special never-before-given access to the chief West Bank prosecutor Maurice Hirsch, a South African-born, England-raised Jew whose parents were arrested and forced to flee for fighting against the apartheid regime in the late 1980s. Also weighing in, is the former chief justice Aharon Mishnayot who ushered in major reforms to expand Palestinian rights as well as several of the leading Jewish, Christian and Muslim attorneys who vigorously defend the Palestinians. Through this multi-lens perspective, we see up close and personal how Israels national security needs are weighed against her responsibilities as a democracy in the most complicated and notorious recent cases. We explore the fate of several dozen Palestinians who were convicted of murder, such as the rock throwing killer of American-Israeli Palmer, were sentenced to life in prison and then were released in the landmark Gilad Schalit prisoner exchange. Some were subsequently rearrested after the notorious kidnapping and killing of three Jewish teenagers, including American-Israeli Fraenkel, by Hamas operatives. They were arrested for their alleged links to Hamas more than for any evidence of their involvement. We see how Israel aims to reform its independent judiciary to better protect the rights of Palestinians, while the lawyers who defend Palestinians criticize the judiciary as illegal or unfair. We are reminded of whats at stake for Israel, as we walk through the gory details of several terrorist attacks and the plight of the judiciary to bring justice to the victims and their families without sacrificing Israels status as the only beacon of democracy, however imperfect, in the Middle East.

The Wall and the Gate

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Publisher : Metropolitan Books
ISBN 13 : 1250122708
Total Pages : 528 pages
Book Rating : 4.2/5 (51 download)

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Book Synopsis The Wall and the Gate by : Michael Sfard

Download or read book The Wall and the Gate written by Michael Sfard and published by Metropolitan Books. This book was released on 2018-01-23 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court―that is, in the court of the abuser. [This book] chronicles this struggle―a story that has never before been fully told― and in the process engages the core principles of human rights legal ethics. [The author] recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings―all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself."--

Intifada

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Publisher : South End Press
ISBN 13 : 9780896083639
Total Pages : 436 pages
Book Rating : 4.0/5 (836 download)

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Book Synopsis Intifada by : Zachary Lockman

Download or read book Intifada written by Zachary Lockman and published by South End Press. This book was released on 1989 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of critical essays includes eyewitness accounts from the West Bank and Gaza, discussions of Palenstinian society and politics, and analyses of the role of the United States in the Middle East and Palestine.

Fake Justice

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Publisher :
ISBN 13 : 9789657613351
Total Pages : 48 pages
Book Rating : 4.6/5 (133 download)

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Book Synopsis Fake Justice by : Yael Stein

Download or read book Fake Justice written by Yael Stein and published by . This book was released on 2019 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Government in Israel

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Publisher : Routledge
ISBN 13 : 131796568X
Total Pages : 178 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Law and Government in Israel by : Gideon Doron

Download or read book Law and Government in Israel written by Gideon Doron and published by Routledge. This book was released on 2013-10-31 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: While most current studies on law and politics in Israel focus on the legal aspects of public policymaking within the courts, this book explores the relationship between law and government from a positive perspective. That is to say that the question asked is: how the political relationships between the three branches of government affect public policy and hence social outcomes. The eleven contributors to this volume concentrate on Israel from theoretical, comparative and critical approaches, and hence the analysis presented could as well be applied to other polities. This book was published as a special issue of Israel Affairs.

What 'Security', Whose 'Rights' and which 'Law'?

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (969 download)

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Book Synopsis What 'Security', Whose 'Rights' and which 'Law'? by : Rouba Al-Salem

Download or read book What 'Security', Whose 'Rights' and which 'Law'? written by Rouba Al-Salem and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines how the Israeli High Court of Justice (HCJ) has interpreted and applied principles of the international law of occupation and of international human rights law, in adjudicating petitions filed by Palestinians. The thesis focuses on HCJ judgments that were rendered since the outbreak of the Second Intifada (2000) in relation to petitions challenging the legality of measures implemented by Israeli authorities for the professed need of enhancing the security of Israeli settlements and settlers in the occupied West Bank. The first question that this research seeks to answer is the extent to which the Court has provided Palestinian petitioners with a venue for an effective domestic remedy for alleged violations of their internationally protected rights. The research adopts the position of the HCJ that the law of occupation is guided by an internal logic of balancing between the occupant's security requirements and the fundamental rights of the occupied population. It also espouses that this logic is reflected in the three normative principles underlying this body of law: stating that occupation is 'temporary'; that it is a form of 'trust,' and that it does not bestow sovereignty by the occupant over the occupied territory. Hence, the second question that the research attempts to answer is whether the Court's adjudication has promoted or undermined those principles. Israel's occupation of the West Bank has been a long one. Coupled with the heightened security threats after 2000 and the active government supported settlement policy, this provides a unique case study for testing the following hypothesis: the domestic courts of democracies, where those in the capacity of the highest judicial body of an occupying power, can successfully uphold fundamental rights and freedoms, and promote the international rule of law. The first chapter analyses the HCJ judgments that were rendered in relation to petitions challenging the construction of the Wall inside the West Bank and its associated Seam Zone, as well as special security zones around settlements, to assess their implications for the first normative principle. The second chapter examines judgments that were rendered in relation to movement restriction imposed on Palestinians, allegedly for the safety of Israeli settlements and/or settlers, and their implications for the second normative principle. The third chapter looks at decisions rendered in relation to the legality of the Wall's route in and around annexed East Jerusalem. The research is based on empirical data from Israeli lawyers who regularly petition the HCJ on behalf of Palestinians.

A Threshold Crossed

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Publisher :
ISBN 13 :
Total Pages : 217 pages
Book Rating : 4.:/5 (125 download)

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Book Synopsis A Threshold Crossed by : Omar Shakir

Download or read book A Threshold Crossed written by Omar Shakir and published by . This book was released on 2021 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.

Intifada

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Publisher : Simon & Schuster
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intifada by : Zeev Schiff

Download or read book Intifada written by Zeev Schiff and published by Simon & Schuster. This book was released on 1990 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: To israelske journalister analyserer her det palæstinensiske oprør og dets politiske baggrund baseret på kilder fra begge konfliktens parter.

Occupier's Law

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Publisher :
ISBN 13 :
Total Pages : 298 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Occupier's Law by : Raja Shehadeh

Download or read book Occupier's Law written by Raja Shehadeh and published by . This book was released on 1988 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text analyzes and documents the legal and human rights aspects of Israel's occupation of the West Bank. This new updated edition includes an analysis of the winter 1988 Palestinian uprising. Also included in the new edition are a new introduction discussing recent changes in Israeli legal policy, and an index.

Israeli Politics and the First Palestinian Intifada

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Publisher : Routledge
ISBN 13 : 113417182X
Total Pages : 245 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis Israeli Politics and the First Palestinian Intifada by : Eitan Alimi

Download or read book Israeli Politics and the First Palestinian Intifada written by Eitan Alimi and published by Routledge. This book was released on 2007-01-24 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Palestinian/Israeli conflict continues to be of major importance in the Middle East, this book employs a new agency approach to the understanding of the conflict, examining the unprecedented challenge mounted by Palestinian insurgents to Israeli military rule in the West Bank and Gaza between 1987 and 1992. This volume was awarded the accolade Best Book on Israeli Politics in English by the Israeli Political Science Association.

The Politics of Protest

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Publisher : Liverpool University Press
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Politics of Protest by : Reuven Kaminer

Download or read book The Politics of Protest written by Reuven Kaminer and published by Liverpool University Press. This book was released on 1996 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kaminer, a practicing lawyer in Jerusalem, chronicles the relationship between the moderate and militant sections of the different groups of the Israeli peace movement, giving special attention to the rise of the autonomous women's peace movement and its chief component, Women In Black. Includes a glossary of political groups in Israel, and brief definitions of ideological approaches to peace and the Arab question in Israeli politics. For students and general readers. Distributed by ISBS. Annotation copyright by Book News, Inc., Portland, OR

Democracy, Law, and National Security in Israel

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Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Democracy, Law, and National Security in Israel by : Menaḥem Hofnung

Download or read book Democracy, Law, and National Security in Israel written by Menaḥem Hofnung and published by Dartmouth Publishing Company. This book was released on 1996 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the different ways in which the law and national security considerations intersect with democracy in the state of Israel. Particular factors covered include emergency arrangements, civil and political rights, secret agencies and the matter of the occupied territories.