Rule of Law de jure and/or de facto?: Shamgar and the International Law of Belligerent Occupation

Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond (David, Ronen, Shany and Weiler eds., CUP, Forthcoming in 2021)

Hebrew University of Jerusalem Legal Research Paper No. 20-31

19 Pages Posted: 21 Sep 2020 Last revised: 22 Sep 2020

See all articles by Yuval Shany

Yuval Shany

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

Date Written: April 11, 2020

Abstract

The Chapter revisits some of the main contributions by Meir Shamgar to the development of Israeli jurisprudence relating to the interpretation and application of international law in general, and the law of belligerent occupation in particular. Among the topics discussed are Shamgar’s contribution to subjecting Israel’s activities in the West Bank and Gaza Strip to rule of law concepts, his nuanced position on the application of the Fourth Geneva Convention to the occupied territories, his support for the flexible interpretation of the law of belligerent occupation and the balancing act he performed between Israeli security interests and the needs and interests of the local Palestinian inhabitants. While this Chapter focuses on the work of one exceptional Israeli jurist, broader insights can be drawn from the discussion below about Israel’s approach to international law and to the law applicable to the occupied territories, and perhaps also about the relationship between international law as a constraint upon political power and as a cloak for the exercise of such power.

Keywords: Belligerent Occupation, Israeli Supreme Court, West Bank, Meir Shamgar. Fourth Geneva Convention, Hague Reguations 1907

JEL Classification: K33

Suggested Citation

Shany, Yuval, Rule of Law de jure and/or de facto?: Shamgar and the International Law of Belligerent Occupation (April 11, 2020). Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond (David, Ronen, Shany and Weiler eds., CUP, Forthcoming in 2021), Hebrew University of Jerusalem Legal Research Paper No. 20-31, Available at SSRN: https://ssrn.com/abstract=3691504

Yuval Shany (Contact Author)

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
26
Abstract Views
117
PlumX Metrics