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Security, Rights and Law - The Israeli High Court of Justice and Israeli Settlements in the Occupied West Bank (Hardcover)
Loot Price: R3,979
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Security, Rights and Law - The Israeli High Court of Justice and Israeli Settlements in the Occupied West Bank (Hardcover)
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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.
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