The Legitimating Role of the Israeli High Court of Justice: From Occupation to Segregation

Global Jurist ◽  
2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Sharon Weill
Keyword(s):  
Civil Rights ◽  
Case Law ◽  
The State ◽  
Early Years ◽  
High Court ◽  
Court Of Justice ◽  
The Creation ◽  
Palestinian Population ◽  
State Of Israel

AbstractSince the early years of the occupation, Israel has promoted a settlement policy and encouraged Israeli Jewish citizens to live in new communities it established in the OPT. Over the years, the Israeli and Palestinian populations living in separated cities and villages, situated side by side, over the entire Occupied West Bank, have been placed under the jurisdiction of two different sets of laws. The creation of this segregated legal regime in the OPT was indispensable in order to keep the original Palestinian population subordinated to military rule, denied civil rights and any democratic representation, and to carry out the settlements policy of the State of Israel. This article demonstrates through a critical analysis of case law, how the Israeli High Court of Justice, through the selective use (and misuse) of the law of military occupation, not only has legitimatized the creation of a segregation regime in the OPT but also has actively contributed to its formation by providing the State with the necessary legal tools required to design and implement it.

scholarly journals What Was the Impact of Zionism on Displaced Jewish Refugees in Germany in the Aftermath of the Second World War?

2018 ◽  
Vol 8 (4) ◽  
pp. 127
Author(s):  
Francesco Bruno
Keyword(s):  
World War Ii ◽  
19Th Century ◽  
Jewish People ◽  
The State ◽  
World War ◽  
The Creation ◽  
The 19Th Century ◽  
State Of Israel ◽  
Second World

This paper explores the birth of the state of Israel with particular emphasis on the role of the Zionist ideology. Zionism as an ideology can be seen not only as a singular ideological view, but as a confluence of multiple ideas that trace back to the 19th century and even earlier to the diaspora of the Jewish people. The final product of the Zionist idea is the state of Israel. Great emphasis in this paper Is given to the role of Zionism after the end of World War II, which saw the mass murder of over 6 million Jewish. Zionism posed the dilemma to the Jewish people in the following terms: the creation of a state where Jewish people could have been represented as the majority with their own rules and legislation and the complete assimilation within other countries. In other words, Zionism aimed to give the Jewish people a nationalistic identity and remains a strong factor that influenced the Jewish people within the DP camps in the aftermath of the Second World conflict. The paper begins with the analysis of Zionism as an ideology from the 19th century onward and the conditions of the Jewish people in the aftermath of World War II. These two points are then analysed to demonstrate two main points. The first is the resiliency and adaptability of the Zionist ideology as the only way forward for the Jewish people and second, the status of the Jewish people as “victims” and this idea gave them the freedom to approach the creation of a new society with a general “benevolence” from the international community.

The Practice and Case Law of Israel in Matters Related to International Law

1994 ◽  
Vol 28 (4) ◽  
pp. 707-730 ◽  
Author(s):  
Deborah Perla
Keyword(s):  
International Law ◽  
Catholic Church ◽  
Case Law ◽  
The State ◽  
Territorial Disputes ◽  
Diplomatic Relations ◽  
Holy See ◽  
The Status ◽  
State Of Israel

I. The Fundamental Agreement between the Holy See and the State of IsraelOn December 30, 1993, the Fundamental Agreement between the Holy See and the State of Israel was signed in Jerusalem by representatives of both parties. The agreement, which precedes the first diplomatic relations entered into between the Holy See and the State of Israel, covers areas of international relations which include both general issues such as human rights and freedom of religion and particular issues regarding Vatican-Israel relations, such as the status of the Catholic Church in Israel and the role of the Holy See in territorial disputes in the region. The goals and meanings of many of the provisions of the Agreement have as yet to be further defined however, and several of them will be discussed following a brief survey of the historical events leading to the conclusion of this agreement.

KEGAGALAN PRIVATISASI BUMN DI ERA REZIM ORDE BARU DALAM PERSPEKTIF EKONOMI POLITIK

Wacana Publik ◽  
2019 ◽  
Vol 12 (02) ◽  
Author(s):  
Syamsul Ma'arif
Keyword(s):  
Market Economy ◽  
Free Market ◽  
Dominant Role ◽  
The State ◽  
Early Years ◽  
New Order ◽  
Free Market Economy ◽  
Economic Sectors ◽  
Role Of The State

After had being carried out nationalization and hostility against west countries, the New Order regime made important decision to change Indonesia economic direction from etatism system to free market economy. A set of policies were taken in order private sector could play major role in economic. However, when another economic sectors were reformed substantially, effords to reform the State Owned Enterprises had failed. The State Owned Enterprise, in fact, remained to play dominant role like early years of guided democracy era. Role of the State Owned Enterprises was more and more powerfull). The main problem of reforms finally lied on reality that vested interest of bureaucrats (civil or military) was so large that could’nt been overcome. 

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

The History of the Creation of the VII State Pharmacopoeia of the USSR (Review)

2021 ◽  
Vol 10 (2) ◽  
pp. 128-135
Author(s):  
K. S. Guzev
Keyword(s):  
Detailed Analysis ◽  
The State ◽  
Main Text ◽  
Scien Tists ◽  
History Of ◽  
Points Of View ◽  
The Creation ◽  
Objective Necessity

Introduction. The objective necessity of the appearance of this code of laws for the pharmaceu-tical industry is shown. The proofs of the readiness of all branches of pharmacy to develop the text of the Pharmacopoeia, taking into account modern international requirements for scientific and practical activities in the development, manufacture and production of medicines, are presented.Text. The work presents the history of the creation of the VII edition of the State Pharmacopoeia of the USSR. The sequence of steps for the formation of the Pharmacopoeia Commission, the stages of its activities for the preparation of the updated text of the Pharmacopoeia is described, a detailed analysis of the prepared text is given in comparison with the current Pharmacopoeia of the VI edition (1910). Various points of view of experts on the content of the main text are cited, which served as the basis for the new document. The role of domestic scien-tists-pharmacists in the development and publication of the VII edition of the State Pharmacopoeia of the USSR is evaluated.Conclusion. The role of the Pharmacopoeia Commission in the timely development of the text of the new edition of the State Pharmacopoeia is emphasized. The fact of its wide discussion among experts and the novelty of the approach, which gave a powerful impetus to the development of the entire industry, are noted.

Unfulfilled Promise: Palestinian Family Reunification and the Right of Return

2016 ◽  
Vol 45 (3) ◽  
pp. 24-39
Author(s):  
Nabila El-Ahmed ◽  
Nadia Abu-Zahra
Keyword(s):  
United Nations ◽  
Family Reunification ◽  
The State ◽  
Early Years ◽  
Successor State ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Family ◽  
The Creation ◽  
The Right

This article argues that Israel substituted the Palestinian refugees' internationally recognized right of return with a family reunification program during its maneuvering over admission at the United Nations following the creation of the state in May 1948. Israel was granted UN membership in 1949 on the understanding that it would have to comply with legal international requirements to ensure the return of a substantial number of the 750,000 Palestinians dispossessed in the process of establishing the Zionist state, as well as citizenship there as a successor state. However, once the coveted UN membership had been obtained, and armistice agreements signed with neighboring countries, Israel parlayed this commitment into the much vaguer family reunification program, which it proceeded to apply with Kafkaesque absurdity over the next fifty years. As a result, Palestinians made refugees first in 1948, and later in 1967, continue to be deprived of their legally recognized right to return to their homes and their homeland, and the family reunification program remains the unfulfilled promise of the early years of Israeli statehood.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

Financing Social Security and Regulation (EEC) 1408/71

2001 ◽  
Vol 3 (1) ◽  
pp. 7-24
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Policy Making ◽  
Case Law ◽  
Direct Link ◽  
Member States ◽  
Court Of Justice ◽  
The Cost ◽  
Social Security Benefits

This article seeks to provide a clearer picture of the role of methods for funding social security benefits in EC Coordination Regulation 1408/71. In past literature and in the case law surrounding Regulation 1408/71, this role has seldom been mentioned. However, this is changing in light of increasing numbers of questions emerging at both the policy-making level and at the level of Court of Justice proceedings. The first part of this paper deals with the role of different methods of financing social security in determining the material scope of the coordination regulation and the question of whether the method of financing certain benefits has a bearing on this material scope. The second part deals with the existing link within the coordination context between paying or having paid contributions and entitlement to benefits. I discuss, inter alia, the extent to which benefit levels are determined by the same legislation as that which determines contribution levels. I examine the extent to which Member States collecting contributions are also responsible for bearing the cost of the corresponding benefits and the extent to which a person who is paying or has paid contributions is entitled to benefits corresponding to those contributions. In light of this examination of the facts as they stand, I endeavour to consider possible alternatives, including the desirability of having a more direct link within the coordination context between payment of contributions and entitlement to benefits.

scholarly journals The Role of Military Service in the Integration/Segregation of Muslims, Christians and Druze within Israel

Societies ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 1 ◽  
Author(s):  
Rami Zeedan
Keyword(s):  
Ethnic Minority ◽  
Social System ◽  
Military Service ◽  
The State ◽  
The Social ◽  
Positive Peace ◽  
New Nation ◽  
State Relations ◽  
State Of Israel

This study applies the negative peace/positive peace approach to internal nation-state relations between the majority and ethnic minority. This approach focuses on the policies implemented by the state. In order to understand the social system from its formation, an important focus should be given to the period of establishment of a new state, whereas physical borders are defined along with the borders of society, which determines who is included in the new nation and who is excluded. The conclusions are based on the case of the Israeli Druze, an ethnic minority with whom the state of Israel and its Jewish majority have achieved positive peace. This study suggests that the positive peace with the Druze was achieved following their integration in the army—as a decision of the state of Israel—that lead to their integration in the Israeli society. Conversely to the Israeli Muslims, where a negative peace is maintained, following the early year’s state policy to exclude them.

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