The Israeli Supreme Court and the incremental expansion of the scope of discretion under belligerent occupation law
Guy Harpaz and Yuval Shany
Host item entries:
Israel Law Review, Vol. 43, no. 3, 2010, p. 514-550
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On December 29, 2009, the Israeli Supreme Court, sitting as the High Court of Justice, delivered its judgment in Abu 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 the Abu Safiya judgment as indicative, notwithstanding its specific outcome, of the Supreme Court’s ongoing willingness to expand the ratione materiae and ratione personae of 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 the lex specialis — the laws of belligerent occupation.