Applicability of Basic Law: Human Dignity and Freedom in the West Bank

46(1) Israel Law Review (2013)

The Hebrew University of Jerusalem Faculty of Law, Research Paper No. 05-12, December 2012

37 Pages Posted: 18 Dec 2012 Last revised: 12 Jun 2017

See all articles by Yael Ronen

Yael Ronen

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights; Academic Center for Science and Law, Hod Hasharon

Date Written: December 17, 2012

Abstract

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. Subsequently the article explores three bases for the exterritorial application of the law, and examines relevant practice. Finally, the article addresses the consequences of the Basic Law’s exterritorial applicability for Israel’s compliance with its obligations under the law of occupation. It argues that application of the Basic Law extraterritorially in the West Bank may result in violation of Israel’s obligations under the law of occupation.

Keywords: occupation, Basic Law, High Court of Justice (HCJ), extraterritorial application, settlers, human rights

Suggested Citation

Ronen, Yael, Applicability of Basic Law: Human Dignity and Freedom in the West Bank (December 17, 2012). 46(1) Israel Law Review (2013), The Hebrew University of Jerusalem Faculty of Law, Research Paper No. 05-12, December 2012, Available at SSRN: https://ssrn.com/abstract=2190333

Yael Ronen (Contact Author)

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights ( email )

Mount Scopus
Jerusalem, 9190501
Israel

HOME PAGE: http://https://en.law.huji.ac.il/people/yael-ronen

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

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