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
Date Written: December 17, 2012
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
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