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

See all articles by Guy Harpaz

Guy Harpaz

Hebrew University of Jerusalem - Faculty of Law

Yuval Shany

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute

Date Written: November 2, 2011

Abstract

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

Suggested Citation

Harpz, Guy and Shany, Yuval, The Israeli Supreme Court and the Incremental Expansion of the Scope of Discretion Under Belligerent Occupation Law (November 2, 2011). Israel Law Review, Vol. 43, p. 514, 2010. Available at SSRN: https://ssrn.com/abstract=1961132

Guy Harpz (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Yuval Shany

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel
972 2 5882541 (Phone)
972 2 5823042 (Fax)

Israel Democracy Institute ( email )

4 Pinsker St.
Jerusalem
Israel

HOME PAGE: http://www.idi.org.il

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