Occupation and the Law: Israel, the West Bank and International Law. . Allan Gerson.

1979 ◽  
Vol 8 (4) ◽  
pp. 111-114
Author(s):  
John Quigley
Keyword(s):  
The West ◽  
2012 ◽  
Vol 40 (3) ◽  
pp. 344-392 ◽  
Author(s):  
Natalie Orpett

Land law in the West Bank is a mess of multi-layered legal regimes representing the complicated political history of the region. From this confusion flow some of the most contentious issues in the Israeli-Palestinian conflict today, such as the legitimacy of settlements and the legality of the security barrier. Whether one's concerns regarding the “Question of Palestine” are humanitarian or political, one fact is clear: the legal muddle of land law must be addressed.But addressing the law first requires that we understand what that law is. This paper is not an investigation of the relative legitimacy under domestic or international law of each of the innumerable changes that were made to land law over the course of multiple legal regimes. Rather, it attempts to develop a purely descriptive answer to the seemingly straightforward question: what is the state of land law? To do this, I reconstruct the law of land as much as possible, from the still-operative, sedimentary layers of Ottoman, British, Jordanian, Israeli, Palestinian and international law. In compiling this information, I hope to contribute to the efforts to fully understand where we are, so we can honestly assess where we may go from here.


2013 ◽  
Vol 46 (1) ◽  
pp. 135-165 ◽  
Author(s):  
Yaël Ronen

This article examines the applicability of Israel's Basic Law: Human Dignity and Freedom in the West Bank in light of international law, in theory and practice. The first part of the article concerns the need for such applicability in light of alternative domestic and international legal regimes. The article then explores three bases for the extraterritorial application of the law, and examines relevant practice. Finally, the article addresses the consequences of the extraterritorial applicability of the Basic Law for Israel's compliance with its obligations under the law of occupation. It argues that the application of the Basic Law extraterritorially in the West Bank may result in violation of Israel's obligations under the law of occupation.


2017 ◽  
Vol 46 (3) ◽  
pp. 1-15

This section covers items pertaining to Israeli settlement activity in the West Bank, East Jerusalem, and the Golan Heights. Significant developments during the quarter 16 November 2016 through 15 February 2017 include: in anticipation of changes to U.S. policy on settlements under incoming U.S. president Donald Trump, Terrestrial Jerusalem and other settlement watch groups outlined the areas they consider most vulnerable to settlement expansion. While the Israeli Security Cabinet voted on 22 January to postpone discussion of a bill facilitating the annexation of the Ma'ale Adumim settlement until after Trump and Prime Minister Netanyahu had a chance to meet in person, many analysts highlighted the probable annexation of settlements in East Jerusalem and even possibly part of Area C of the West Bank. Peace Now released a report estimating that 4,000 settlement units and 55 illegal outposts would be retroactively legalized under the recently enacted Regulation Law and documenting the 3,000 additional units that could be newly expropriated under the law (see Update on Conflict & Diplomacy in JPS 46 [3] for more on new Israeli legislation).


2013 ◽  
Vol 7 (1) ◽  
pp. 73-107 ◽  
Author(s):  
Christine Leuenberger

Abstract This article was presented at the workshop on “Borders and Human Rights,” College of Law & Business, Ramat Gan, Israel.Notions of human rights as enshrined in international law have become the “idea of our time”; a “dominant moral narrative by which world politics” is organized; and a powerful “discourse of public persuasion.”Tony Evans, International Human Rights Law as Power/Knowledge, 27 (3) HUM. RTS. Q. 1046 (2005); Meg McLagan, Human Rights, Testimony, and Transnational Publicity, 2 (1) SCHOLAR & FEMINIST ONLINE 1 (2003), available at http://www.barnard.edu/ps/printmmc.htm; Wendy S. Hesford, Human Rights Rhetoric of Recognition, 41 (3) RHETORIC SOC. Q. 282 (2011). With the rise of human rights discourse, we need to ask, how do protagonists make human rights claims? What sort of resources, techniques, and strategies do they use in order to publicize information about human rights abuses and stipulations set out in international law? With the democratization of mapping practices, various individuals, organizations, and governments are increasingly using maps in order to put forth certain social and political claims. This article draws on the sociology of knowledge, science studies, critical cartography, cultural studies, and anthropological studies of law in order to analyze how various international, Palestinian, and Israeli organizations design maps of the West Bank Barrier in accord with assumptions embedded within international law as part of their political and new media activism. Qualitative sociological methods, such as in-depth interviewing, ethnography, and the collection of cartographic material pertaining to the West Bank Barrier, provide the empirical tools to do so. The maps examined here exemplify how universalistic notions of international law and human rights become a powerful rhetorical tool to make various and often incommensurable social and political claims across different maps. At the same time, international human rights law, rather than dictating local mapping practices, becomes inevitably “vernacularized” and combined with local understandings, cultural preferences, and political concerns.


2005 ◽  
Vol 18 (3) ◽  
pp. 621-644 ◽  
Author(s):  
BIRGIT SCHLÜTTER

With the launch of the UN International Decade for Water on 22 March 2005, awareness is raised in the international community of the growing demand and scarcity of water for people throughout the world. Water is a particularly scarce resource in both Israel and the Palestinian Territories. The use of the water resources of the West Bank and Gaza has been part and parcel of the Israeli–Palestinian peace negotiations. With the beginning of new peace negotiations under Palestinian President Mahmud Abbas, the topic of water and its allocation to Palestinians and Israelis is back on the negotiation table. The present article will point to the water crisis in Israel and the Palestinian Territories and analyse core provisions of international law which govern the use of water resources. Finally, it will outline how an allocation of water rights according to principles of international law could take place.


1980 ◽  
Vol 15 (2) ◽  
pp. 180-190 ◽  
Author(s):  
Louis B. Sohn

The concept of “autonomy” and the related concepts of “self-rule” and “self-government” are terms of both constitutional law and international law. While they are of ancient origin, their current importance is due to their use in the Camp David Agreement relating to a Framework for Peace in the Middle East, of 17 September 1978. That agreement speaks of: providing “full autonomy to the inhabitants” of West Bank and Gaza; a free election of a “self-governing authority”; giving due consideration to “the principle of self-government by the inhabitants of these territories”; establishing “the elected self-governing authority” in the West Bank and Gaza; negotiating an agreement which will define the powers and responsibilities of “the self-governing authority” to be exercised in the West Bank and Gaza; and beginning the transitional period of five years when “the self-governing authority (administrative council) in the West Bank and Gaza is established and inaugurated.”


1995 ◽  
Vol 29 (3) ◽  
pp. 506-543 ◽  
Author(s):  
Rotem M. Giladi

The Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (“the Interim Agreement”) represents another stage in the implementation of the framework established in the Declaration of Principles signed between the Government of Israel and the Palestine Liberation Organization (the “PLO”), commonly known as the “Oslo process”. In essence, the Interim Agreement provides for the establishment of self-government arrangements in the West Bank and the Gaza Strip, as envisaged in the Declaration of Principles, while explicitly superseding the arrangements which applied in the Gaza Strip and the Jericho Area since May 1994. In addition, the Interim Agreement provides for “direct, free and general political elections” to be held in the West Bank and the Gaza Strip.The aim of this section is to acquaint lawyers with the general framework of the Agreement, and the primary legal and political issues dealt with by the Interim Agreement, rather than to describe the specifics of each of its many provisions. Where required, reference will be made to the Declaration of Principles and to previous Agreements concluded between the Parties. At times, reference will also be made to the Camp David Framework of 1978.


2018 ◽  
Vol 52 (2) ◽  
pp. 369-377
Author(s):  
Leila Farsakh

The year 2017 was important for the Israeli-Palestinian conflict, commemorating both the centennial of the Balfour Declaration and the fiftieth anniversary of the 1967 war. That war, which resulted in Israel's defeat of three Arab armies and its occupation of the West Bank, Gaza Strip, the Sinai Peninsula, and the Golan Heights, transformed the politics of the Middle East. According to UN Security Council Resolution 242, issued in November 1967, the occupation was illegal: Israel would have to withdraw from the territories it occupied if it were to achieve peace with its neighbors. In international law, military occupations are temporary by definition. Israel, however, only returned the Sinai to Egypt in 1982. (One year prior, it unilaterally annexed the Golan Heights from Syria.) Despite a twenty-five-year-long political process initiated in 1993, Israel's occupation of the West Bank and Gaza has continued unabated.


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