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Settlements in the Supreme Court of Israel

  • David Kretzmer (a1)
Abstract

One of the unique features of Israel's legal, military, and political control over the Occupied Palestinian Territories (OPT) has been the review by the Supreme Court of Israel of the actions and decisions of the authorities in those territories. Sitting as a High Court of Justice that has the competence to review the actions of all persons exercising public functions under law, the Court has entertained thousands of petitions relating to the legality of such varied actions as house demolitions, deportations, land requisition, entry permits, and establishment of settlements. There can be little doubt that the very existence of judicial review has had a restraining effect on the authorities. While the Court has not ruled against the government that often, and has provided legitimization for acts of dubious legality, such as punitive house demolitions and deportations, it has handed down some important rulings on questions of principle. Furthermore, in the shadow of the Court, many petitions have been settled without a court ruling, allowing for a full or partial remedy for the Palestinian petitioner.

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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3 Kretzmer, supra note 1, at 189–191.

5 HCJ 606/78, Ayyub v. Minister of Defence, 33 PD (2) 113 (Beth El case) (1978) (Isr.); HCJ 258/79, Amira v. Minister of Defence, 34 PD (1) 90 (1979) (Isr.).

6 HCJ 390/79 Duweikat et al. v. Government of Israel et al., 34(1) PD 1 (1979) (Isr.).

7 HCJ 4481/91 Bargil et al. v. Government of Israel et al., 47(4) PD 210 (1993) (Isr.); HCJ 3125/98, I'ad v. IDF Commander in Judea and Samaria, 58 (1) PD 913 (1998) (Isr.).

9 Matitayahu Drobles, Settlement in Judiea and Samria: Strategy, Policy and Planning 3 (1980).

10 Meron, supra note 8.

11 Al-Naazer v. Commander of IDF in Judea and Samaria, 36 PD (1) 701 (1981) (Isr.).

12 HCJ 277/84 Ayreib v. Appeals Committee et al., 40(2) PD 57 (1986) (Isr.).

13 HCJ 4481/91 Bargil et al. v. Government of Israel et al., 47(4) PD 210 (1993) (Isr.)

16 Id. at para. 122.

17 HCJ 7957/04 Zaharan Yunis Muhammad Mara'abe et al v. The Prime Minister et al., 60(2) PD 477 (2005) (Isr.).

18 HCJ 4400/92, Kiryat Arba Local Council v. Government of Israel, 48 (5) PD 587 (1992) (Isr.); HCJ 606/78, Ayyub v. Minister of Defence, 33 PD (2) 113 (Beth El case) (1978) (Isr.); HCJ 1661/05, Gaza Beach Regional Council et al v. Knesset of Israel et al., 59 (2) PD 481 (2005) (Isr.).

19 See, e.g., HCJ 8887/06, Al-Naavot v. Minister of Defense (Mar. 25, 2012) (Isr.); HCJ 9949/08, Hamed v. Minister of Defence (Nov. 14, 2016) (Isr.).

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  • ISSN: -
  • EISSN: 2398-7723
  • URL: /core/journals/american-journal-of-international-law
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