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

Weill, Sharon
July 2015
Global Jurist;Jul2015, Vol. 15 Issue 2, p139
Academic Journal
Since 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.


Related Articles

  • A World Without Jews. May, Clifford D. // Moment Magazine;May/Jun2009, Vol. 34 Issue 3, p20 

    In this article the author discusses anti-semitism. He compares the anti-semitism prejudices of both the Nazis and the militant Islamists against the Jews. He also investigates the goal of the Hamas, an Islamic movement, to obliterate the existence of the Jews. He also cites Iran's plans of war...

  • Apartheid versus sumud. Halper, Jeff // New Internationalist;Jun2006, Issue 390, p29 

    The article focuses on the policies espoused by various Israeli political parties for the permanent foreclosure of any viable Palestinian state and a unilateral declaration that the Palestinian conflict is over. Majority of the Israeli Jews support the of the Wall or Separation Barrier wherein...

  • A high school hero and the question of race. Holmstrom, David // Christian Science Monitor;2/27/96, Vol. 88 Issue 63, p16 

    Discusses the issues of race discrimination and segregation, and their effect on the relationship between the residents of Duarte, and the heavily black populated area of Rock Town in southern California. Social status of minorities; Emphasis on life of Hardiman Cureton, a black high school...

  • Timeline on Sheff vs. O'Neill.  // District Administration;May2003, Vol. 39 Issue 5, p12 

    Reports on a complaint of a fourth grader that schools in Hartford, Connecticut are segregated and promote racial and ethnic isolation. State Supreme Court's order to desegregate Hartford's schools; Expansion of a suburban school choice program for Hartfold students.

  • The fog around us. Scherer, Marge // Educational Leadership;Dec97/Jan98, Vol. 55 Issue 4, p5 

    Editorial. Discusses about desegregation which was viewed by minority critics as a racial insult. Actions being taken by society towards becoming a land of equal opportunity; Problems in desegregated schools.

  • Paving the Way.  // Teacher Magazine;Feb2002, Vol. 13 Issue 5, p38 

    Presents an excerpt from the book 'A Place at the Table: Struggles for Equality in America,' edited by Maria Fleming, on legal segregation.

  • Concerning Man's Inhumanity to Man. Ho, Lara // 21st Century;Jun90, Vol. 1 Issue 10, p4 

    The author reflects on the discrimination and inequality suffered by the people in Soweto, a black ghetto outside Johannesburg, South Africa. She argues that the white minority in South Africa believes that they are better and inflict inhumane practices like material deprivation and physical...

  • After the riot, can everyone win? Quinn, David // EG: Estates Gazette;8/2/2003, Issue 331, p24 

    Discusses the self-segregation of Asians in Oldham, England. Details on the race riot in the city on May 26, 2001; Percentage of Oldham's populations that are Asians and Asian-British; Triggers of the riot. INSET: What went wrong.

  • A city in fear. Brown, Joe David // Saturday Evening Post;3/2/1963, Vol. 236 Issue 8, p11 

    Relates the observation of the author on the racial violence in Birmingham, Alabama. Traumatic effect of the race troubles on the residents in the city; Bombing incidence that are directed against black churches and homes of civil rights leaders; Failure of the municipal government to mediate a...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics