The Israeli Supreme Court and the Incremental Expansion of the Scope of Discretion Under Belligerent Occupation Law
Israel Law Review, Vol. 43, p. 514, 2010
Hebrew University of Jerusalem Faculty of Law Research Paper No. 09-11
38 Pages Posted: 18 Nov 2011 Last revised: 31 Mar 2016
Date Written: November 2, 2011
On December 29, 2009, the Israeli Supreme Court, sitting as the High Court of Justice, delivered its judgment in Abu Saﬁyav. The Minister of Defense, annulling an order issued by an Israeli Military Commander, which completely barred Palestinians from travelling on Route 443, a major road in the West Bank. This note criticizes the Abu Saﬁya judgment as indicative, notwithstanding its speciﬁc outcome, of the Supreme Court’s ongoing willingness to expand the ratione materiae and ratione personae of occupation law and to allow the military authorities to protect the interests of Israelis in the West Bank, even at the expense of the stronger rights conferred upon the local Palestinian population by the lex specialis — the laws of belligerent occupation.
Keywords: Humanitarian Law, International Law, Occupation Law
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