Justice Under Occupation: The Israeli Supreme Court Versus the Military Administration in the Occupied Territories. By Moshe Negbi [Cana, Jerusalem, 1981, 165 pp.].

1982 ◽  
Vol 17 (2) ◽  
pp. 234-237
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Military Administration ◽  
Occupied Territories ◽  
Israeli Supreme Court ◽  
The Military

Introduction

2021 ◽  
pp. 1-26
Author(s):  
David Kretzmer ◽  
Yaël Ronen
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Political System ◽  
Public Image ◽  
The West ◽  
Occupied Territories ◽  
West Bank And Gaza ◽  
Israeli Supreme Court ◽  
General Record ◽  
Israeli Occupation

This chapter describes the background to the Israeli occupation of the West Bank and Gaza in 1967, and changes that have taken place in these territories since then. It provides a profile of the Israeli Supreme Court—its composition, function, and record; and discusses factors that affect its role in reviewing petitions from Palestinian residents of the Occupied Territories, including the Court’s public image, its position in the Israeli political system, and its general record in matters relating to judicial review of government action. The chapter concludes by reviewing changes in the actual regime in the Occupied Territories that question its characterisation as a regime of belligerent occupation.

scholarly journals PERIODICALS IN THE SYSTEM OF NAZI PROPAGANDA IN OCCUPIED TERRITORIES OF UKRAINE IN 1941–1943s

2020 ◽  
Vol 11 (2) ◽  
pp. 116-124
Author(s):  
Oksana Salata
Keyword(s):  
Effective Means ◽  
Information Policy ◽  
German Occupation ◽  
Nazi Occupation ◽  
The Press ◽  
Military Administration ◽  
Occupied Territories ◽  
The Subject ◽  
The Military

In this article, the role of periodicals in the propaganda activities of the occupation authorities of the Reichskommissariat Ukraine and the military administration zone has been revealed; the content and types of periodicals have been shown; the task set before them by the Nazi occupation authorities in forming appropriate ideological structures to influence the population of the occupied territories of Ukraine has been disclosed. It is shown that Hitler’s governance used the press as one of the effective means of influencing not only the opinion, but also the consciousness of the population of the temporarily occupied territories. The subject of the study is the content of periodicals and their influence on the behaviour, moral and psychological condition of the population of the Ukrainian territories occupied by the Nazi army. The main aspects of Nazi Germany’s information policy in the occupied territories have been revealed with the use of comparative-historical and problem-chronological methods, as well as content analysis, which allowed to analyse the content of periodicals and to highlight the features of their content lines. The occupation administration used various forms of propaganda: publishing newspapers and magazines in Ukrainian; demonstrating special films in cinemas; releasing visual agitation in the form of posters and leaflets, as well as documentary exhibitions; through theatre plays, radio broadcasts in Ukrainian, Russian and other languages. It resorted to the modern methods of using the press in times of the war. The population of the temporarily occupied territories of the USSR demanded news as the only opportunity to navigate in those difficult conditions. That is why Hitler’s governance used the press as one of the effective means of influence not only the opinion, but also the consciousness of the population of the temporarily occupied territories. The German occupation authorities tried to take advantage of the “information hunger” that prevailed after the retreat of Soviet troops and to fill the information vacuum with their own propaganda. In order to spread the necessary information among the population, the Nazi occupation authorities published newspapers and magazines in each region, district, city.

The diminishing status of international law in the decisions of the Israeli Supreme Court concerning the Occupied Territories

2020 ◽  
Author(s):  
Tamar Hostovsky Brandes
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Administrative Law ◽  
The Past ◽  
The Supreme Court ◽  
The Status ◽  
Occupied Territories ◽  
The Government ◽  
Israeli Supreme Court ◽  
Governing Law

Abstract This article examines the attitude of the Supreme Court of Israel towards international law in the past decade, focusing on cases concerning the Occupied Territories. It compares the decisions of the past decade to those of the preceding decade, which were characterized as developing a “jurisprudence inspired by international law.” The article argues that the status of international law in decisions that regard the Occupied Territories has, overall, declined. While the international law of occupation still operates, officially, as the governing law in the Occupied Territories, the emphasis on compliance with the norms of international law in the Court’s decisions has decreased. Instead of relying on international law, the Court has increased its reliance on Israeli administrative law, and, in recent years, on Israeli constitutional law. As a result, the distinction between the Occupied Territories and Israel is blurred. The article argues that this shift is consistent with a deliberate eradication of the distinction between Israel and the Occupied Territories by the legislator and the government. While the article does not argue that the Court intentionally supports this eradication, it does argue that it facilitates it.

scholarly journals Organization of Work of Vocational Education Institutions in the German Occupation Zones of Ukraine in 1941-1944: Historical and Pedagogical Aspects

2021 ◽  
pp. 36-63
Author(s):  
Anatolii Brekhunets ◽  
Vasyl Vasenko ◽  
Oleksii Honcharenko
Keyword(s):  
Vocational Education ◽  
Service Sector ◽  
Educational Institutions ◽  
German Occupation ◽  
Military Administration ◽  
Occupied Territories ◽  
Historical Comparative ◽  
Similar Vein ◽  
The Military ◽  
Second World

The article considers the historical and pedagogical aspects of the creation of vocational education institutions system in the German occupation zones of Ukraine during the Second World War. The purpose of the article is to theoretically reconstruct and disclose the main foundations of Nazi policy in the field of vocational education, which was carried out in the occupation zones of Ukraine, to distinguish and compare the effectiveness of relevant measures in the «Galicia» district, the area of responsibility of the Temporary military administration, the Military zone and the Raichskommissariat «Ukraine». The authors of the article use methods of retrospective, historical-comparative, relatively comparable and chronological analysis of the identified sources, as well as classification and systematization of statistical data on vocational education institutions restored by the German occupation authorities. The results. As a result, it was found out that the urgent need of the German occupation authorities for personnel support in many industries, agriculture, medicine and the service sector led to the need to resume the work of vocational education institutions, although this contradicted the strategic goal of the occupation of Ukraine. This is confirmed by the historical, comparative and structural-functional analysis of the regulatory documents of the Reich Ministry of the Eastern occupied territories, reports in the local press of the occupation zones of Ukraine. The types of vocational education institutions that worked in the occupation zones of Ukraine are revealed. The separate faculties of technical universities, as well as medical, agricultural and teacher institutes worked In Ukraine. In the most systematic dimension, these trends can be traced in the Galicia district and the area of responsibility of the Temporary military administration. In a similar vein, the work of secondary vocational education institutions is reconstructed. In the worst condition, the work of vocational education institutions was carried out on the territory of the Reichskommissariat «Ukraine», since its head E. Koch opposed the rational measures of A. Rosenberg as the head of the Reich Ministry for the Occupied Eastern Territories. It is stated that some of the German regional managers, organizing the broad exploitation of the captured territorial array, needed personnel, and therefore, in this area, they actually acted at their own discretion. Conclusions. It was concluded that the part of the educational institutions of the vocational education system of the German occupation zones of Ukraine managed to train qualified specialists and send them to work. Most of their graduates were students and pupils of former Soviet educational institutions, as well as Ukrainian youth who received initial vocational training.

Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel

2010 ◽  
Vol 35 (04) ◽  
pp. 919-956 ◽  
Author(s):  
Guy Davidov ◽  
Amnon Reichman
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Armed Conflict ◽  
Legal Consciousness ◽  
State Agencies ◽  
Entire Body ◽  
Military Commander ◽  
Israeli Supreme Court ◽  
The Military ◽  
The Relationship

We examine whether the level of deference shown by the Israeli Supreme Court to military decisions has changed over time by empirically analyzing the entire body of Supreme Court decisions in petitions against the military commander between 1990 and 2005. Setting forth a number of different factors that might generally affect the degree of deference to state agencies, we hypothesized that there would be a decrease in deference in the relationship between the Court and the military commander during the examined period. Our findings show that deference to the military commander has indeed diminished significantly. We argue that this is best explained by the continuation of the armed conflict (and its aftermath, namely, the routinization and increase in the number of petitions by the civilian population) and also—to some extent—by the rise of a substantive rule‐of‐law legal consciousness, central to which is the importance of human rights.

The Israeli Supreme Court and the Incremental Expansion of the Scope of Discretion under Belligerent Occupation Law

2010 ◽  
Vol 43 (3) ◽  
pp. 514-550 ◽  
Author(s):  
Guy Harpaz ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
West Bank ◽  
The West ◽  
High Court ◽  
Military Commander ◽  
Court Of Justice ◽  
Specific Outcome ◽  
Israeli Supreme Court ◽  
Palestinian Population ◽  
The Military

On December 29, 2009, the Israeli Supreme Court, sitting as the High Court of Justice, delivered its judgment inAbu Safiya v. The Minister of Defense,annulling an order issued by an Israeli Military Commander, which completely barred Palestinians from travelling on Route 443, a major road in the West Bank. This note criticizes theAbu Safiyajudgment as indicative, notwithstanding its specific outcome, of the Supreme Court's ongoing willingness to expand theratione materiaeandratione personaeof occupation law and to allow the military authorities to protect the interests of Israelis in the West Bank, even at the expense of the stronger rights conferred upon the local Palestinian population by thelex specialis—the laws of belligerent occupation.

The law of belligerent occupation in the Supreme Court of Israel

2012 ◽  
Vol 94 (885) ◽  
pp. 207-236 ◽  
Author(s):  
David Kretzmer
Keyword(s):  
Supreme Court ◽  
Local Population ◽  
Use Of Resources ◽  
The Supreme Court ◽  
Occupied Territories ◽  
West Bank And Gaza ◽  
Local Law ◽  
The Law ◽  
The Military

AbstractSince 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.

Interview with Omar Shakir

2020 ◽  
Vol 49 (4) ◽  
pp. 127-137
Author(s):  
Noura Erakat
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Committee Member ◽  
Editorial Committee ◽  
Rutgers University ◽  
Human Rights Advocacy ◽  
University Professor ◽  
The Government ◽  
Israeli Supreme Court

In late November 2019, the Israeli Supreme Court upheld the Ministry of Interior's order to deport Human Rights Watch (HRW) director for Israel and Palestine, Omar Shakir. The court based its decision on a 2017 amendment to Israel's 1952 Entry into Israel Law enabling the government to refuse entry to foreigners who allegedly advocate for the boycott of Israel. The same law was invoked to deny entry to U.S. congresswomen Rashida Tlaib and Ilhan Omar in the summer of 2019. The campaign against Shakir began almost immediately after he was hired by HRW in 2016, and the court's decision marked the culmination of a multi-year battle against the deportation order. In this interview, JPS Editorial Committee member, Rutgers University professor, and author Noura Erakat discusses the details of his case with Shakir in an exchange that also examines the implications of the case for human rights advocacy, in general, and for Palestinians, in particular. The interview was edited for length and clarity.

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