2012/03/01 by David Kretzmer · 1 citation
Social Sciences · #International Law and Human Rights #Torture, Ethics, and Law #International Law and Aviation #Law #Supreme court #Belligerent #Proportionality (law) #Jurisdiction #Political science #Jurisprudence #International humanitarian law #International law
paper · doi:10.1017/s1816383112000446
openalex publication_date 2012/03/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/28
Abstract Since the 1967 War, in the course of which Israel occupied the West Bank and Gaza, the Supreme Court of Israel has considered thousands of petitions relating to acts of the military and other authorities in those territories (OT). This article reviews the contribution to the law of belligerent occupation of the Court's jurisprudence in these cases. After discussing issues of jurisdiction and the applicable norms, the article reviews the way in which the Court has interpreted military needs, the welfare of the local population, changes in the local law, and use of resources; the attitude of the Court to the long-term nature of the occupation and the existence of Israeli settlements, settlers, and commuters in the OT; the introduction of a three-pronged test of proportionality in assessing military necessity; and hostilities in occupied territories. In the final section, I draw some general conclusions on the Court's contribution to the law of occupation.