israel-the-west-bank-and-international-law

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Israel The West Bank And International Law

Author : Allan Gerson
ISBN : 9781136277603
Genre : History
File Size : 43. 41 MB
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Synthesizing primary and technical data, this book focuses on the legal and political aspects of Israeli administration in the West Bank and the international attempt to resolve the dispute over the territories. The author assesses the present situation and provides guidelines for future action.

How May Israel S Occupation Of Gaza And The West Bank Be Justified In International Law?

Author : Patrick Wagner
ISBN : 9783638231992
Genre : Law
File Size : 51. 34 MB
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Essay from the year 2002 in the subject Law - European and International Law, Intellectual Properties, grade: 1 (A), University of Kent (Kent Law School), 13 entries in the bibliography, language: English, abstract: The conflict between Israel and the Palestinians over the occupation of the West Bank and Gaza is one of the most complicated conflicts in the world. Attempts to resolve the conflict have failed in the past and a resolution seems unlikely to emerge in the near future. Partly, this is due to the fact that the situation is extremely complex and the conflict very old. History, politics and international law together with religion, nationalism and pride are entangled to form this conflict. For both sides the conflict has reached an emotional level where belief is more important than rational decisions. A lot has been written about the Israel-Palestine conflict and in recent years more and more critique of Israel has emerged. This is particularly interesting as usually every criticism of its actions or policies is turned down by Israel as anti-Semitism. One thus has to be extremely careful when writing about Israel although international law seems to be relatively clear about the 1967 occupation of Gaza and the West Bank. In order to examine the legality of the occupation, this paper will discuss the situation from both angles and look at the sources of international law relevant to this case. These are the Charter of the United Nations in general and the United Nations Security Council Resolution 242 in particular. In addition, customary international law has developed to a jus cogens, prohibiting the use of force at all for settling international disputes. Finally, this paper shall conclude that any justification of the occupation is doubtful and there is little evidence in international law that might legitimise Israel’s actions. And even if the initial occupation could be legitimised under Article 51 of the UN Charter as an act of self-defence, the prolonged occupation would still lack any legal basis.

Strengthening Human Rights Protections In Geneva Israel The West Bank And Beyond

Author : Joseph E. David
ISBN : 9781108967976
Genre : Political Science
File Size : 46. 91 MB
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This collection of essays is written by some of the world's leading experts in international human rights law, and corresponds to the main junctures in the professional life of Professor David Kretzmer, a leading human right academic and practitioner. The different essays focus on contemporary human rights protection challenges. They address conceptual problems such as differences between limits and restrictions, and application of human rights standards to businesses and international organisations; legal doctrinal responses to changing realities in the field of surveillance and identity politics; the weakness of monitoring institutions engaged in standard setting; and the practical difficulties in applying international human rights law to the Israeli-Palestinian conflict in a manner sensitive to gender dimensions and the particular political dynamics of the situation. Collectively, the essays offer a rich picture of the current potential shortcomings of international human rights law in addressing complex problems of law, politics and ethics.

The Case For Palestine

Author : John B. Quigley
ISBN : 0822335395
Genre : History
File Size : 24. 77 MB
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A history of the conflict between Israel and the Palestinians from the perspective of international law that examines the extent to which legitimate interests remain to be fulfilled.

The Occupation Of Justice

Author : David Kretzmer
ISBN : 9780190696023
Genre : Law
File Size : 53. 68 MB
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"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"--

Occupation In International Law

Author : Eliav Lieblich
ISBN : 9780198861034
Genre : Military occupation
File Size : 57. 21 MB
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The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population? In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.

Palestine West Bank And Gaza Business Law Handbook Volume 1 Strategic Information And Basic Laws

Author : IBP, Inc.
ISBN : 9781514501597
Genre : Business & Economics
File Size : 54. 25 MB
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Palestine (West Bank and Gaza) Business Law Handbook Volume 1 Strategic Information and Basic Laws

International Law And The Arab Israeli Conflict

Author : Robbie Sabel
ISBN : 9781108807982
Genre : Law
File Size : 59. 72 MB
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Drawing upon Robbie Sabel's first-hand involvement with many legal negotiations in the Arab-Israeli conflict, International Law and the Arab-Israeli Conflict examines international law in relation to the conflict by analysing its major events and agreements, both historical and contemporary. Outlining the role of international law from the collapse of the Ottoman Empire until the present day, it considers the legal elements of the various peace treaties that Israel has signed with its neighbouring Arab States. Using his expertise as a professor, practitioner and ambassador, Sabel endeavours to represent both sides of the conflict, offering a wealth of counter-arguments and adding his own legal interpretations. With this valuable resource, students and researchers working within a range of disciplines can fully appreciate the role of international law in the Arab-Israeli conflict.

The International Law Of Occupation

Author : Eyal Benvenisti
ISBN : 0691121303
Genre : History
File Size : 89. 16 MB
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Codified in the 1899 and 1907 Hague Peace Conferences and later modified by the 1949 Fourth Geneva Convention, the traditional international law of occupation has been challenged by advocates of human rights and self- determination and tested by the numerous occupations of the last two decades--among them Israeli occupation of the West Bank and Gaza, Turkish occupation of Northern Cyprus, the Vietnamese occupation of Cambodia, U.S. operations in Grenada and Panama, and occupations during the Persian Gulf crisis. To address the new issues that have emerged, Eyal Benvenisti formulates a contemporary theory of the law of occupation and establishes guidelines for the lawful management of occupation. In his new preface the author addresses issues arising from the U.S. occupation of Iraq. Benvenisti delineates the international responsibilities and obligations of governments that gain control over foreign territories through the use of force and examines the conduct of various occupying powers of the twentieth century, beginning with the German occupation of Belgium during World War I. He analyzes the actions of these occupants by contrasting them with the reactions of ousted governments, of peoples under occupation, and of other states and of supranational organizations. Additionally, he evaluates the legality of various measures taken by occupants, with the result that the nature of occupation can now for the first time be systematically assessed.

The Abc Of The Opt

Author : Orna Ben-Naftali
ISBN : 9781108578462
Genre : Law
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Israel's half-a-century long rule over the West Bank and Gaza Strip, and some of its surrounding legal issues, have been the subject of extensive academic literature. Yet, to date, there has been no comprehensive, theoretically-informed, and empirically-based academic study of the role of various legal mechanisms, norms, and concepts in shaping, legitimizing, and responding to the Israeli control regime. This book seeks to fill this gap, while shedding new light on the subject. Through the format of an A-Z legal lexicon, it critically reflects on, challenges, and redefines the language, knowledge, and practices surrounding the Israeli control regime. Taken together, the entries illuminate the relation between global and local forces - legal, political, and cultural - in Israel and Palestine. The study of the terms involved provides insights that are relevant to other situations elsewhere in the world, particularly with regard to belligerent occupation, the law's role in relation to state violence, and justice.

Linking The Gaza Strip With The West Bank

Author : Justus Reid Weiner
ISBN : STANFORD:36105124260816
Genre : Arab-Israeli conflict
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Palestinian Refugees In International Law

Author : Francesca P. Albanese
ISBN : 9780191086793
Genre : Law
File Size : 30. 71 MB
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The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.

Question Of The Violation Of Human Rights In The Occupied Arab Territories Including Palestine

Author : United Nations. Economic and Social Council
ISBN : UIUC:30112115827690
Genre : Arab-Israeli conflict
File Size : 47. 32 MB
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Conflicts In A Conflict

Author : Michael Mousa Karayanni
ISBN : 9780199873715
Genre : Law
File Size : 62. 17 MB
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'Conflicts in a Conflict' outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years, and Israeli policies generally in respect of the Palestinian Territories.

The International Law Of Occupation

Author : Eyal Benvenisti
ISBN : 9780199588893
Genre : History
File Size : 36. 4 MB
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Originally published: Princeton, N.J.: Princeton University Press, 1993.

The Progression Of International Law

Author : Yoram Dinstein
ISBN : 9789004219120
Genre : Law
File Size : 77. 30 MB
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This volume was produced to celebrate the fortieth anniversary of the Israel Yearbook on Human Rights. Forty years have yielded an impressive forty annual volumes. When it was started in 1971, the Yearbook was the first of its kind anywhere in the world. It has always understood its mandate as transcending the narrow borders of the discipline of either national or international human rights. From the outset, international humanitarian law and international criminal law were understood as coming within the proper framework of the Yearbook, as were on occasion articles on diverse freedoms that may seem out of bounds to a strict interpreter of the phrase “human rights”.

The Palestine Question

Author : Henry Cattan
ISBN : 9781000737509
Genre : History
File Size : 72. 61 MB
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First published in 1988, The Palestine Question presents the highlights of the Palestine issue in a succinct, objective, and well-documented manner. The author reveals a fundamental fact which has apparently been overlooked, namely, that the conflict is not restricted to the territories seized by Israel in 1967, that is the West bank and the Gaza Strip which represent 20% of Palestine but concerns an area five times greater, that is the whole territory of Palestine as well as the fate of more than 5 million Palestinians. The author has done what has not been done before: he offers judicious peace plan based on right and justice for the intractable Arab Israeli conflict and its root cause, the Palestine problem. This book constitutes an indispensable reference work and essential reading for all who are concerned with Middle East and world peace.

International Law

Author : Malcolm N. Shaw
ISBN : 9781108477741
Genre : Law
File Size : 29. 96 MB
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An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.

Israel The Occupied West Bank And Gaza Strip And The Palestinian Authority Territories Jenin Idf Military Operations

Author :
ISBN :
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Palestinian Refugees And International Law

Author : Amjad Abu Khalaf
ISBN : 9781681090221
Genre : Law
File Size : 67. 77 MB
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What is the historical framework of the Palestinian refugee crisis and what durable solutions are available? Which human rights instruments are applicable to Palestinian refugees? What is the place of the UN Relief and Works Agency for Palestinian Refugees within the global refugee framework and what challenges does the Agency face? This book approaches the question of Palestinian refugees from a legal, historical and political perspective to address these and other relevant questions. Seeking to impart an understanding of the place of Palestinian refugees under international law, it explores the rights of Palestinian refugees, including the collective rights of self-determination and state sovereignty and the individual right of return. It discusses the specialized, separate regime established for Palestinian refugees and the relationship of this regime vis-à-vis the UN Refugee Agency and the Convention Relating to the Status of Refugees.

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