scholarly journals Military Lawyers Making Law: Israel’s Governance of the West Bank and Gaza

2019 ◽  
Vol 44 (03) ◽  
pp. 704-725 ◽  
Author(s):  
Maayan Geva
Keyword(s):  
West Bank ◽  
Decision Makers ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The West ◽  
West Bank And Gaza

This Article examines Israeli military lawyers’ practice of international humanitarian law (IHL) revolving around the West Bank and Gaza. Based on interviews with legal officers serving in the army between 1967–2009 and archival materials, it interrogates these lawyers’ work—the stories that they tell about law, their legal interpretations and their interactions with military decision makers. This interrogation is set in the context of broader structural, historical, and political shifts. Anchored around lawyers’ stories about law, their narration of law’s relationship with politics, and its position in relation to violence, this account sets out to contribute to discussions on lawyers’—and by extension law’s—past and present positions in states’ military affairs.

scholarly journals The Legality of Closure on Land and Safe Passage Between the Gaza Strip and the West Bank

2020 ◽  
pp. 1-39
Author(s):  
Marco LONGOBARDO
Keyword(s):  
West Bank ◽  
Gaza Strip ◽  
Local Population ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
The West ◽  
Occupied Territory ◽  
The Gaza Strip

Abstract This paper explores the legality of the land closure imposed upon the Gaza Strip by Israel. After having considered the area under occupation, the paper argues that the legality of the closure must be determined under international humanitarian law, international human rights law, the principle of self-determination of peoples, and the Israeli-Palestinian agreements. In the light of these rules, the arbitrary closure of the Gaza Strip should be considered illegal because it breaches the unity between the Gaza Strip and the West Bank, and because it violates the freedom of movement of the local population. Moreover, the closure breaches the relevant rules pertaining to the transit of goods in occupied territory. The paper concludes that most of the violations caused by the closure affect peremptory rules which produce obligations erga omnes, so that any state in the international community is entitled to react under the law of state responsibility.

scholarly journals The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War

2017 ◽  
Vol 111 (2) ◽  
pp. 357-375 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
International Law ◽  
West Bank ◽  
Fiftieth Anniversary ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The West ◽  
Settlement Policy ◽  
Six Day War ◽  
Political Dimensions ◽  
Speak Up

The West Bank and the Settlements, again? Readers may have had enough of this subject. But these are exceptional times. The adoption by the Security Council of Resolution 2334 on December 23, 2016, the unprecedented speech by Secretary Kerry delivered shortly thereafter, and the immediate rejection of both by Prime Minister Netanyahu, combined with the approach of the fiftieth anniversary of the Six-Day War in June 2017 and the continued march toward an inexorable demographic change in the West Bank, not to mention the nomination as U.S. Ambassador to Israel of a person reportedly supporting an active settlement policy and annexation: the confluence of these events demands our renewed attention. And while these developments undoubtedly have powerful political dimensions, they also call upon those of us who care about international law to speak up in support of its requirements and application.

scholarly journals An Article that Changed the Course of History?

2017 ◽  
Vol 50 (3) ◽  
pp. 269-298 ◽  
Author(s):  
Eyal Benvenisti
Keyword(s):  
West Bank ◽  
Decision Makers ◽  
The West ◽  
Legal Questions ◽  
West Bank And Gaza ◽  
The Law

Yehuda Blum's article, ostensibly devoted to an examination of the lawfulness of a military order under the law of occupation, actually explored a preliminary question – whether Jordan had valid title to the West Bank (referred to as ‘Judea and Samaria’). Concluding that Jordan had no title, Blum concluded that the law of occupation did not apply. This reflection revisits Blum's thesis. It suggests that Blum's argument failed to elucidate the relevant legal questions and therefore his conclusion was hasty. It would be distressing to think that it was Blum's article that convinced Israeli decision-makers to deny the formal applicability of the law of occupation to the West Bank and Gaza.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Organisation juive européenne, Vignoble Psagot Ltd v. Ministre de l’Économie et des Finances

2021 ◽  
Vol 191 ◽  
pp. 402-442
Keyword(s):  
European Union ◽  
International Law ◽  
West Bank ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Purchasing Decisions ◽  
Ethical Considerations ◽  
Occupied Territories ◽  
East Jerusalem

Economics, trade and finance — Food imports — Import of foodstuffs originating from East Jerusalem, West Bank and Golan Heights into the European Union — Labelling of products — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers Relationship of international law and municipal law — European Union law — Treaty on European Union, 1992 — Treaty on the Functioning of the European Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in manner consistent with international law — Notions of “State”, “territory” and “place of provenance” — Referral of questions by national court to Court of Justice of European Union Territory — Status — Occupation — Occupied Territories in which State of Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules of international humanitarian law — Israel having limited jurisdiction — Israeli settlements in Occupied Territories — Palestinian people of West Bank enjoying right to self-determination — Golan Heights part of territory of Syrian Arab Republic — Import of foodstuffs into European Union — Labelling of products — Whether products originating from Israeli settlements in Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers War and armed conflict — International humanitarian law — Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Article 49 — Obligation of States not to “deport or transfer part of its own civilian population into the territory it occupies” — Impact on labelling of products originating in Occupied Territories — Status of East Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — The law of the European Union

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