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Expropriation of Private Palestinian Land for Building a Road for Israelis: HCJ 393/82 Jam'iat Iscan Al-Ma’almoun v. IDF Commander in Judea and Samaria Area (Judgment of December 28, 1983)
ביקורת | 393/82 | 01.01.2010 | Adv. Yossi Wolfson
The judgment in Jam'iat Iscan Al-Ma’almoun is a pillar of the Israeli law of occupation. One would be hard pressed to find a common law rule relating to the occupation which cannot be supported by this judgment. It is essential reading material for any lawyer training in this field and an...
The Powers of Israeli Courts in the Occupied Palestinian Territories: CrimC (Jer.) 22/07 IDF Commander in the Judea and Samaria Area v. Bareli (Decision of December 12, 2007)
ביקורת | 2020-07-22 00:00:00 | 09.01.2010 | Adv. Yossi Wolfson
The bizarre case of retired judge Shlomo Bareli demonstrates how deeply involved the Israeli court system is in Israel’s annexation project in the West Bank.The story begins with two dogs that were walking without a leash – so it was alleged – in the settlement of Ma’ale Adumim in July 2006. We do...
Racial Discrimination – Yes, Apartheid – No: HCJ 3969/06 Al-Harub v. IDF Commander in the West Bank (Judgment of October 22, 2009); HCJ 2150/07 Abu Safiya v. Minister of Defense (Judgment of March 5, 2008)
ביקורת | 3969/06, 2150/07 | 01.02.2010 | Adv. Yossi Wolfson
Twice the Supreme Court of Israel intervened and revoked military orders which had turned roads in the Occupied Palestinian Territories (OPT) into Israelis-only roads on which Palestinians were prohibited from travelling. Such roads have become a hallmark of Israeli apartheid, though they...
Revocation of Permanent Status from East Jerusalem Residents: HCJ 282/88 ‘Awad v. Prime Minister and Minister of Interior (Judgment of June 5, 1988)
ביקורת | 282/88 | 01.02.2010 | Adv. Yossi Wolfson
The Mubarak ‘Awad judgment ostensibly contains exemplary legal analysis, marked by all the virtues of simplicity, consistency and conciseness. The judgment enlists its ingenious legal thinking to serve the suppression of the Palestinian uprising against the Israeli occupation (in the short term)...
Settlement with Impunity: HCJ 6492/08 SHA’AL – Peace Now for Israel Educational Enterprises v. IDF Commander in the West Bank (Judgment of January 14, 2009)
ביקורת | 6492/08 | 15.02.2010 | Adv. Yossi Wolfson
One of the important characteristics of occupation under international law is its temporariness. An occupying power is prohibited from introducing permanent changes in an occupied territory. Therefore, as far as the Supreme Court of Israel is concerned, all the changes Israel made in the Occupied...
Soldiers Do Not Lie: CC (Jer.) 8811/04 Abu Snineh v. State of Israel (Judgment of November 9, 2009)
ביקורת | 8811/04 | 01.04.2010 | Adv. Yossi Wolfson
Unit 202 of the Israeli military has a reputation as being a top operations unit. This is judicial knowledge; or so at least according to the judgment of Judge Malka Aviv at the Jerusalem Magistrates Court in the matter of Abu Snineh. I will confess: this author has no idea what Unit 202 is, or...
Students from Gaza Studying in the West Bank: HCJ 8731/09 ‘Azam v. Commander of the West Bank (Judgment of December 9, 2009)
ביקורת | 8731/09 | 01.12.2010 | Adv. Alon Margalit
In 2005, a young Palestinian woman from the Gaza Strip began her B.A. studies at the Bethlehem University. On October 28, 2009, as she was making her way home to Bethlehem from Ramallah, she was stopped by soldiers at a checkpoint. When they discovered that the registered address in her identity...
The Operation of Military Courts inside Israel: HCJ 2690/09 Yesh Din et al. v. IDF Commander in the West Bank (Judgment of March 28, 2010)
ביקורת | 2690/09 | 01.12.2010 | Adv. Yossi Wolfson
In 1995, in the Wajia judgment, the Supreme Court legitimized the operation of military courts established under the laws applicable to the Occupied Palestinian Territories (OPT) inside Israel.[1] Although Israelis staff governmental institutions both in Israel and in the OPT, these are two...
Court Jurisdiction in the Occupied Palestinian Territories: HCJ 6504/95 Wajia v. State of Israel (Judgment of November 1, 1995)
ביקורת | 6504/95 | 01.12.2010 | Adv. Yossi Wolfson
For some 42 years, Israel has been controlling the entire area between the Jordan River and the Mediterranean. On one hand, Israel treats this area as a single unit. On the other hand, it implements a regime under which one law applies to a certain segment of the population and another, military...
Secret Prison Facility 1391: HCJ 9733/03 HaMoked: Center for the Defence of the Individual v. The State of Israel (Judgment of January 20, 2011)
ביקורת | 9733/03 | 23.01.2011 | Adv. Yossi Wolfson
“Sunlight is said to be the best of disinfectants”, said American Supreme Court Justice Louis Brandeis. Publicity is one of the main guarantees for good governance. This is one of the reasons why judicial hearings are held in open court. This is one of the reasons why democratic judicial systems...